Telecommunications (Interception Capability) Act 2004

Reprint as at 26 September 2013

Telecommunications (Interception Capability) Act 2004

Public Act2004 No 19
Date of assent5 April 2004
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

1 Title

Part 1
Preliminary provisions

General

2 Commencement

3 Interpretation

4 Act binds the Crown

Purpose and principles

5 Purpose

6 Principles

Part 2
Interception duties

Duty to have interception capability

7 Network operators must ensure public telecommunications networks and telecommunications services have interception capability

8 When duty to have interception capability is complied with

Limits on duty to have interception capability

9 Certain facilities excluded from scope of duty under section 7

10 Design of networks not affected by this Act

Exemptions

11 Minister may grant exemptions

12 Minister must consult responsible Ministers before granting exemption

Duty to assist

13 Duty to assist surveillance agencies

14 Duty to minimise impact of interception on third parties

Part 3
Miscellaneous provisions

Transitional provision

15 Network operators have lead-in time to attain interception capability

Allocation of costs relating to interception capability

16 Allocation of costs of interception capability on public switched telephone network or telecommunications service

17 Costs of interception capability on public data network

Costs relating to interceptions

18 Costs incurred in assisting surveillance agencies

Resolution of disputes about costs

19 Dispute about costs must be referred to mediation or arbitration

Protection from liability

20 Protection from liability

Compliance orders

21 Power of High Court to order compliance

22 Application for compliance order

23 Right to be heard

24 Decision on application

Appeals against making of compliance order

25 Appeals to Court of Appeal

26 Effect of appeal

Enforcement

27 Pecuniary penalty for contravention of compliance order

Regulations

28 Regulations

Reprint notes