Radiocommunications Act 1989

133A Offence to disclose contents of radiocommunications

(1)

Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—

(a)

makes use of the radiocommunication or any information derived from that radiocommunication; or

(b)

reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or

(c)

discloses the existence of the radiocommunication.

(2)

Subsection (1) does not apply to any radiocommunications intercepted—

(a)

by the Secretary for the purpose of ensuring compliance with this Act; or

(b)

by a constable, a Customs officer, or any other class of law enforcement official listed in regulations made under this Act for the purpose of avoiding prejudice to the maintenance of the law, including the detection, prevention, investigation, prosecution, and punishment of offences; or

(c)

by an employee of an intelligence and security agency for the purpose of performing the function under section 10 of the Intelligence and Security Act 2017; or

(d)

by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d) of the Defence Act 1990; or

(e)

by a person acting under, and in accordance with, any authority conferred on him or her by or under—

(i)

Part 1 of the Telecommunications (Residual Provisions) Act 1987; or

(ii)

Part 4 of the Intelligence and Security Act 2017; or

(iia)
[Repealed]

(3)

In this section, intelligence and security agency means—

(a)

the New Zealand Security Intelligence Service:

(b)

the Government Communications Security Bureau.

(4)

Subsection (2) does not authorise the interception of any private communications within the meaning of section 216A of the Crimes Act 1961.

Section 133A: inserted, on 12 October 2001, by section 46 of the Radiocommunications Amendment Act 2000 (2000 No 8).

Section 133A(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 133A(2)(c): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 133A(2)(e)(i): amended, on 20 December 2001, pursuant to section 159(3) of the Telecommunications Act 2001 (2001 No 103).

Section 133A(2)(e)(ii): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 133A(2)(e)(iia): repealed, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 133A(3): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 133A(4): amended, on 2 April 2003, by section 32(3) of the Government Communications Security Bureau Act 2003 (2003 No 9).