New Zealand Legislation: Acts

3 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  call associated data, in relation to a telecommunication,—

  • (a) means information—

    • (i) that is generated as a result of the making of the telecommunication (whether or not the telecommunication is sent or received successfully); and

    • (ii) that identifies the origin, direction, destination, or termination of the telecommunication; and

  • (b) includes, without limitation, any of the following information:

    • (i) the number from which the telecommunication originates:

    • (ii) the number to which the telecommunication is sent:

    • (iii) if the telecommunication is diverted from one number to another number, those numbers:

    • (iv) the time at which the telecommunication is sent:

    • (v) the duration of the telecommunication:

    • (vi) if the telecommunication is generated from a mobile telephone, the point at which the telecommunication first enters a network; but

  • (c) does not include the content of the telecommunication

  compliance order means an order made by the High Court under section 21

  end-user, in relation to a telecommunications service, means a person who is the ultimate recipient of that service or of another service the provision of which is dependent on that service

  intelligence and security agency means—

  • (a) the New Zealand Security Intelligence Service; or

  • (b) the Government Communications Security Bureau

  intercept, in relation to a private telecommunication, includes hear, listen to, record, monitor, acquire, or receive the telecommunication either—

  • (a) while it is taking place on a telecommunications network; or

  • (b) while it is in transit on a telecommunications network

  interception capability means the capability to intercept a telecommunication as described in section 8

  interception warrant means a warrant that is issued to a surveillance agency under any of the following enactments:

  • (a) section 312C or section 312CB or section 312CD or section 312G of the Crimes Act 1961:

  • (b) section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969:

  • (c) section 15 or section 15B or section 19 of the Misuse of Drugs Amendment Act 1978:

  • (d) section 17 of the Government Communications Security Bureau Act 2003

  law enforcement agency means—

  • (a) the New Zealand Police; or

  • (b) any government department declared by the Governor-General, by Order in Council, to be a law enforcement agency for the purposes of this Act

  Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  network operator means—

  • (a) a person who owns, controls, or operates a public telecommunications network; or

  • (b) a person who supplies (whether by wholesale or retail) another person with the capability to provide a telecommunications service

  number—

  • (a) means the address used by a network operator or a telecommunications service for the purposes of—

    • (i) directing a telecommunication to its intended destination; and

    • (ii) identifying the origin of a telecommunication; and

  • (b) includes, without limitation, any of the following:

    • (i) a telephone number:

    • (ii) a mobile telephone number:

    • (iii) a unique identifier for a telecommunication device (for example, an electronic serial number or a Media Access Control address):

    • (iv) a user account identifier:

    • (v) an Internet Protocol address:

    • (vi) an email address

  other lawful interception authority—

  • (a) means an authority—

    • (i) to intercept a private communication that is granted to any member of the New Zealand Police under section 216B(3) of the Crimes Act 1961; or

    • (ii) to access a computer system of a specified foreign organisation or a foreign person (within the meaning of the Government Communications Security Bureau Act 2003) that is granted under section 19 of that Act; and

  • (b) includes an authority to intercept a private communication (whether in an emergency situation or otherwise) that is granted to any member of a surveillance agency under any other enactment

  public data network—

  • (a) means a data network used, or intended for use, in whole or in part, by the public; and

  • (b) includes, without limitation, the following facilities:

    • (i) Internet access; and

    • (ii) email access

  public switched telephone network means a dial-up telephone network used, or intended for use, in whole or in part, by the public for the purposes of providing telecommunication between telecommunication devices

  public telecommunications network means—

  • (a) a public switched telephone network; and

  • (b) a public data network

  responsible Ministers means—

  • (a) the Minister in charge of the New Zealand Security Intelligence Service; and

  • (b) the Minister in charge of the Government Communications Security Bureau; and

  • (c) the Minister of Police

  service provider—

  • (a) means any person who provides a telecommunications service to an end-user (whether or not as part of a business undertaking and regardless of the nature of that business undertaking); but

  • (b) does not include a network operator

  surveillance agency means—

  • (a) a law enforcement agency; or

  • (b) an intelligence and security agency

  telecommunication device—

  • (a) means any terminal device capable of being used for transmitting or receiving a telecommunication over a network; and

  • (b) includes a telephone device.

  (2) In this Act, unless the context otherwise requires, network, telecommunication, telecommunication link, telecommunications service, and telephone device have the meanings given to them by section 5 of the Telecommunications Act 2001.