New Zealand Legislation: Acts

26 Registration of spectrum licences and modifications where management rights mortgaged

• (1) Where—

  • (a) An instrument received by the Registrar for registration under section 16(1) of this Act is a spectrum licence in the form prescribed for the purposes of section 48 of this Act or a modification in the form prescribed for the purposes of sections 57, 57A, 57B, or 57C of this Act; and

  • (b) A mortgage of the management rights pursuant to which the licence is granted is registered under this Act,—

  the Registrar shall not register that spectrum licence or that modification unless the Registrar receives from the applicant for registration an acknowledgment from the mortgagee that the mortgagee has consented to the grant of that spectrum licence or the making of that modification.

  (2) Every such acknowledgment shall be in the prescribed form and shall be signed by the mortgagee.

  Section 26 was substituted, as from 31 August 1990, by section 3 Radiocommunications Amendment Act 1990 (1990 No 104).

  Subsection (1) was amended, as from 12 October 2001, by section 11(a) Radiocommunications Amendment Act 2000 (2000 No 8) by inserting, before the word “licence” wherever it appears, the word “spectrum”. It was further amended by section 11(b) of that Act by substituting the expression “sections 57, 57A, 57B, or 57C” for the expression “section 54A”. See clause 2 Radiocommunications Amendment Act Commencement Order 2001 (SR 2001/239).