Telecommunications Amendment Act 2001

  • repealed
  • Telecommunications Amendment Act 2001: repealed, on 1 October 2012, pursuant to section 341 of the Search and Surveillance Act 2012 (2012 No 24).

Reprint
as at 1 October 2012

Telecommunications Amendment Act 2001

Public Act2001 No 80
Date of assent26 September 2001
  • Telecommunications Amendment Act 2001: repealed, on 1 October 2012, pursuant to section 341 of the Search and Surveillance Act 2012 (2012 No 24).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Business, Innovation, and Employment.


The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Telecommunications Amendment Act 2001.

    (2) In this Act, the Telecommunications Act 1987 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 New section 2A substituted
  • The principal Act is amended by repealing section 2A, and substituting the following section:

    2A Declaration of person as network operator
    • (1) The purpose of this section is to facilitate entry into and competition in telecommunication markets.

      (2) A person may apply to the Minister to be declared a network operator for the purposes of this Act or any provisions of this Act.

      (3) The Minister must declare an applicant to be a network operator for the purposes of this Act or any provisions of this Act if the Minister is satisfied that a declaration is necessary to enable the applicant to commence or carry on a business of providing—

      • (a) facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or

      • (b) facilities for broadcasting to 500 or more other persons that enable programmes to be transmitted along a line or lines to each of those persons.

      (4) The Minister must revoke a declaration made under subsection (3) if the Minister is satisfied that a network operator has ceased to provide the facilities listed in that subsection.

      (5) A declaration under subsection (3) is made or revoked by notice in the Gazette.

      (6) A notice in the Gazette under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

4 New section 10A substituted
  • The principal Act is amended by repealing section 10A, and substituting the following section:

    10A Application for call data warrant
    • (1) Any member of the police or any Customs officer may apply to a District Court Judge for the issue of a call data warrant.

      (2) Any member of the police may apply to a Judge of the High Court for the issue of a call data warrant if the application is made together with an application to a Judge of the High Court for the issue of an interception warrant under the Crimes Act 1961 or the Misuse of Drugs Amendment Act 1978.

      (3) An application under this section must be made in writing and on oath.

5 Transitional provision for Orders in Council made under old section 2A
  • (1) Despite section 3, every declaration made by Order in Council under section 2A of the principal Act (as it read immediately before the commencement of section 3 of this Act) continues in force and has full effect.

    (2) The Governor-General may, by Order in Council made on the recommendation of the Minister, revoke a declaration made under section 2A(3) of the principal Act (as it read immediately before the commencement of section 3 of this Act).

    (3) The Minister must make a recommendation under subsection (2) if the Minister is satisfied that the network operator has ceased to provide—

    • (a) facilities for telecommunication between 10 or more other persons that enable at least 10 of those persons to communicate with each other; or

    • (b) facilities for broadcasting to 500 or more other persons that enable programmes to be transmitted along a line or lines to each of those persons.

6 Consequential amendments to principal Act
  • The principal Act is amended in the manner set out in the Schedule.


Schedule
Consequential Amendments to Principal Act

s 6

Section 2

Repeal the definition of network operator in subsection (1) and substitute:

network operator means the Corporation and any person declared under section 2A to be a network operator for the purposes of this Act or any provision of this Act.

Section 10B

Omit from subsections (1) and (2) the words District Court.

Section 10K

Repeal subsection (1) and substitute:

  • (1) Any member of the police or any Customs officer may apply for the renewal of a call data warrant that has not expired.

  • (1A) The application must be made—

    • (a) to a District Court Judge if the warrant was issued by a District Court Judge; and

    • (b) to a Judge of the High Court if the warrant was issued by a Judge of the High Court.

Omit from subsection (3) the words District Court.

Section 10L

Omit from subsection (1) the words District Court.

Omit from subsection (2) the words District Court and substitute the word court.

Section 10N

Omit from subsection (3) the words District Court Judge and substitute the words Judge of that court.

Section 10O

Omit from subsections (1) and (3) the words District Court.

Section 10P

Omit from subsection (1) the words to a District Court Judge.

Omit from subsection (2) the words District Court.

Add:

  • (3) The Judge to whom the judicial officer must refer a matter under subsection (2) is—

    • (a) a District Court Judge if the document relates to a call data warrant that was issued by a District Court Judge; and

    • (b) a Judge of the High Court if the document relates to a call data warrant that was issued by a Judge of the High Court.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Telecommunications Amendment Act 2001. The eprint incorporates all the amendments to the Act as at 1 October 2012. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)
  • Search and Surveillance Act 2012 (2012 No 24): section 341