Telecommunications (Interception Capability and Security) Act 2013

Reprint as at 28 September 2017

Coat of Arms of New Zealand

Telecommunications (Interception Capability and Security) Act 2013

Public Act
 
2013 No 91
Date of assent
 
11 November 2013
Commencement
 
see section 2
Note

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

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

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

Contents

1Title
2Commencement
3Interpretation
4Act binds the Crown
5Purpose of this Act relating to interception capability
6Principles relating to interception capability
7Purpose of this Act relating to network security
8Principles relating to network security
9Network operators must ensure public telecommunications networks and telecommunications services have full interception capability
10When duty to have full interception capability is complied with
11Interception ready
12Interception accessible
13Network operators with fewer than 4 000 customers
14Infrastructure-level services
15Wholesale network services
16Overview of sections 17 to 19
17Application for direction
18Process following application for direction
19Direction
20Regulations
21Certain facilities not required to be intercept capable
22Design of networks not affected by this Part
23Duties relating to infrastructure-level services
24Duty to assist
25Wholesaler may charge
26Duty to minimise impact of interception on third parties
27Network operators may share resources
28Obligations relating to arrangements for interception services
29Exemption
30Application for exemption
31Effect of application for exemption or variation
32Decision-making process
33Application to Minister
34Minister may grant, vary, or revoke exemption
35Effect of application for exemption or variation
36Decision-making process
37Regulations relating to class exemptions
38Minister may require service providers to have same obligations as network operators
39Review
40Direction notice
41Regulations relating to service providers
42Notice relating to formatting
43Effect of changes to material incorporated by reference
44Formatting before commencement of this Act
45Application of this Part
46Network operators’ duty to engage in good faith
47Areas of specified security interest
48Network operator must notify Director
49Exemption from section 46(1) or 48
50Consideration of network security risk by Director or Minister
51Process for addressing network security risks
52Assessment of response by network operator
53Network operator must implement response
54Director may refer matter to Minister
55Failure to comply
56Review by Commissioner of Intelligence Warrants
57Minister may make direction
58Guidelines
59Director must comply with regulations made under section 126 relating to time frames
60Network operators must register
61Application for registration
62Registration information
63Register of network operators
64Purpose of register
65Contents of register
66Operation of and access to register
67Registrar must keep register secure
68Network operators must notify Registrar of key changes
69Annual update
70Registrar may deregister person
71Registrar may amend register
72Appointment of designated officers
73Appointment of Registrar
74Power of designated officer to delegate
75Network operator must nominate employee to apply for clearance
76Nominated person must apply
77Designated officer may require information in order to assist surveillance agency
78Director of Government Communications Security Bureau may require information
79Time for compliance
80Network operator must comply despite any other enactment or any breach of confidence, etc
81Miscellaneous provisions
82Designated officer may require compliance testing
83Process for consulting on times
84Designated officer may require certification as to compliance
85Due inquiry
86Designated officer may give certificate to surveillance agency
87Interpretation
88Breach notice may be issued for minor non-compliance
89Breach notice may request consent to enter and inspect in connection with duties under Part 2
90Enforcement notice may be issued for serious non-compliance
91Application for compliance order or pecuniary penalty order
92Power of High Court to order compliance
93Right to be heard
94Decision on application
95Appeals to Court of Appeal
96Effect of appeal
97Pecuniary penalty for contravention of duties or compliance order
98Amount of pecuniary penalty
99Considerations for court in determining pecuniary penalty
100Rules of civil procedure and civil standard of proof apply
101Application of subpart
102Classified security information and other terms defined
103Obligation to provide court with access to classified security information
104Court orders
105Appointment of special advocate
106Nomination of person for appointment
107Role of special advocates
108Court may provide access to classified security information to special advocate
109Communication between special advocate and other persons
110Protection of special advocates from liability
111Other matters relating to procedure in proceedings involving classified security information
112Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc
113Ancillary general practices and procedures to protect classified security information
114Costs of interception capability on public telecommunications network or telecommunications service
115Costs incurred in assisting surveillance agencies
116Surveillance agency not required to pay costs
117Dispute about costs must be referred to mediation or arbitration
118Protection from liability
119Notices
120Service of notices
121Powers not limited
122Repeal
123Consequential amendments
124Savings provision for exemptions
125Transitional provision relating to network operators
126Regulations relating to time frames that apply to Director under Part 3
127Regulations
Reprint notes

The Parliament of New Zealand enacts as follows: