Radiocommunications Act 1989

Regulations

134 Regulations
  • (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

    • (a) prohibiting the supply and importation for supply of radio apparatus of any class or classes except pursuant to a licence or licences granted under section 131:

    • (b) providing for the exemption of certain radio apparatus, as determined by the Secretary, from the requirement that the supply and importation for supply of that radio apparatus be licensed, where the Secretary is satisfied that a licence for the supply and importation for supply of that radio apparatus is not required for the efficient and effective management of the radio frequency spectrum:

    • (c) providing for the granting of licences for the supply and importation for supply of radio apparatus to which regulations made under paragraph (a) apply and for the terms and conditions subject to which any such licences may be granted, refused, transferred, suspended, or revoked:

    • (d) [Repealed]

    • (e) providing for examinations to determine the competence of persons wishing to operate radio apparatus and prescribing fees in respect of those examinations; and providing for the issue, revocation, or suspension of certificates of competency in respect of any operations, and for the authorisation by the Secretary of—

      • (i) persons to conduct the examinations; and

      • (ii) persons to issue certificates; and

      • (iii) the content of the examinations; and

      • (iv) the conduct of the examinations:

    • (f) prohibiting the operation of radio apparatus of any class or classes except pursuant to a certificate of competency issued under this Act:

    • (g) providing for the prohibition or control of the installation, use, sale, distribution, manufacture, or importation of interfering equipment or susceptible equipment, and for the compulsory recall by a supplier of such equipment or any equipment that does not comply with regulations made under this Act:

    • (ga) prescribing search references for access to the register:

    • (gb) prescribing the persons or class of persons to whom information on the register may be disclosed and the purposes for which the information may be disclosed:

    • (gc) prescribing the matters to which an arbitral tribunal must have regard under section 109A:

    • (gd) prescribing the classes of persons who may intercept radiocommunications under section 133A:

    • (h) prescribing forms for the purposes of this Act:

    • (i) prescribing requirements for the standardisation of—

      • (i) technical systems for radiocommunications:

      • (ii) technical formats for radiocommunications:

    • (j) prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section:

    • (ja) prescribing those breaches of regulations made under paragraph (g) that constitute infringement offences against this Act:

    • (jb) prescribing the infringement fee (not exceeding $2,000) for each infringement offence:

    • (k) such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

    (1A) Different fees and different forms may be prescribed for different infringement offences.

    (1B) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations declaring receivers of any kind to be inappropriate receivers for the purposes of this Act.

    (1C) The Minister may only make a recommendation under subsection (1B) if the Minister is satisfied that the type of receiver concerned will or may compromise the optimal utilisation of the radio frequency spectrum.

    (1D) The power to regulate in relation to interfering equipment, susceptible equipment, or other equipment under subsection (1)(g) includes the power to regulate in relation to such equipment that is, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement.

    (2) Without limiting the Interpretation Act 1999, no regulation made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other person or because it authorises the Secretary or any other person to give any consent or approval or to set any standard on or subject to conditions to be approved by the Secretary.

    (3) The Conformity Cooperation Agreement (including any amendments made to that agreement in accordance with it) and any standards or rules referred to in the Conformity Cooperation Agreement may be incorporated by reference in regulations made in reliance on subsection (1D).

    (4) The provisions of Schedule 8 apply to material incorporated by reference in regulations made in reliance on subsection (1D).

    (5) In this section, Conformity Cooperation Agreement means the Agreement between the Government of New Zealand and the Government of the People's Republic of China on Cooperation in the Field of Conformity Assessment in Relation to Electrical and Electronic Equipment and Components, which is Annex 14 of the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008.

    Section 134(1)(a): amended, on 7 July 2010, by section 6(1) of the Radiocommunications Amendment Act 2010 (2010 No 80).

    Section 134(1)(b): amended, on 7 July 2010, by section 6(2) of the Radiocommunications Amendment Act 2010 (2010 No 80).

    Section 134(1)(c): amended, on 7 July 2010, by section 6(3) of the Radiocommunications Amendment Act 2010 (2010 No 80).

    Section 134(1)(d): repealed, on 12 October 2001, by section 47(1) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(e): substituted, on 31 October 2006, by section 30(1) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 134(1)(g): substituted, on 12 October 2001, by section 47(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(g): amended, on 7 July 2010, by section 6(4) of the Radiocommunications Amendment Act 2010 (2010 No 80).

    Section 134(1)(ga): inserted, on 12 October 2001, by section 47(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(gb): inserted, on 12 October 2001, by section 47(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(gc): inserted, on 12 October 2001, by section 47(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(gd): inserted, on 12 October 2001, by section 47(2) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(j): substituted, on 12 October 2001, by section 47(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(ja): inserted, on 12 October 2001, by section 47(3) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 134(1)(jb): substituted, on 31 October 2006, by section 30(2) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 134(1A): inserted, on 31 October 2006, by section 30(3) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 134(1B): inserted, on 31 October 2006, by section 30(3) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 134(1C): inserted, on 31 October 2006, by section 30(3) of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 134(1D): inserted, on 29 July 2008, by section 5(1) of the Radiocommunications Amendment Act (No 2) 2008 (2008 No 51).

    Section 134(2): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).

    Section 134(3): added, on 29 July 2008, by section 5(2) of the Radiocommunications Amendment Act (No 2) 2008 (2008 No 51).

    Section 134(4): added, on 29 July 2008, by section 5(2) of the Radiocommunications Amendment Act (No 2) 2008 (2008 No 51).

    Section 134(5): added, on 29 July 2008, by section 5(2) of the Radiocommunications Amendment Act (No 2) 2008 (2008 No 51).