Telecommunications (Interception Capability and Security) Act 2013

Reprint as at 12 December 2014

Telecommunications (Interception Capability and Security) Act 2013

Public Act2013 No 91
Date of assent11 November 2013
Commencementsee 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

1 Title

2 Commencement

Part 1
Preliminary provisions

General

3 Interpretation

4 Act binds the Crown

Purposes and principles

5 Purpose of this Act relating to interception capability

6 Principles relating to interception capability

7 Purpose of this Act relating to network security

8 Principles relating to network security

Part 2
Interception capability duties

Subpart 1Duty to have full interception capability

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

10 When duty to have full interception capability is complied with

Subpart 2Reduced duties

Preliminary

11 Interception ready

12 Interception accessible

Lower-level compliance duties

13 Network operators with fewer than 4 000 customers

14 Infrastructure-level services

15 Wholesale network services

Ministerial directions and regulations relating to lower-level compliance duties

16 Overview of sections 17 to 19

17 Application for direction

18 Process following application for direction

19 Direction

20 Regulations

Subpart 3Related duties

21 Certain facilities not required to be intercept capable

22 Design of networks not affected by this Part

23 Duties relating to infrastructure-level services

24 Duty to assist

25 Wholesaler may charge

26 Duty to minimise impact of interception on third parties

27 Network operators may share resources

28 Obligations relating to arrangements for interception services

Subpart 4Exemptions

29 Exemption

30 Application for exemption

31 Effect of application for exemption or variation

32 Decision-making process

Application to Minister

33 Application to Minister

34 Minister may grant, vary, or revoke exemption

35 Effect of application for exemption or variation

36 Decision-making process

37 Regulations relating to class exemptions

Subpart 5Ministerial directions

Minister may require service providers to have same obligations as network operators

38 Minister may require service providers to have same obligations as network operators

39 Review

40 Direction notice

41 Regulations relating to service providers

Subpart 6Formatting

42 Notice relating to formatting

43 Effect of changes to material incorporated by reference

44 Formatting before commencement of this Act

Part 3
Network security

45 Application of this Part

46 Network operators' duty to engage in good faith

Disclosure

47 Areas of specified security interest

48 Network operator must notify Director

49 Exemption from section 46(1) or 48

Process for preventing or mitigating network security risks

50 Consideration of network security risk by Director or Minister

51 Process for addressing network security risks

52 Assessment of response by network operator

53 Network operator must implement response

54 Director may refer matter to Minister

55 Failure to comply

56 Review by Commissioner of Security Warrants

57 Minister may make direction

58 Guidelines

59 Director must comply with regulations made under section 126 relating to time frames

Part 4
Registration, enforcement, and miscellaneous provisions

Subpart 1Registration

Network operators must register

60 Network operators must register

61 Application for registration

62 Registration information

Register

63 Register of network operators

64 Purpose of register

65 Contents of register

66 Operation of and access to register

67 Registrar must keep register secure

Changes to register

68 Network operators must notify Registrar of key changes

69 Annual update

70 Registrar may deregister person

71 Registrar may amend register

Subpart 2Registrar and other designated officers

72 Appointment of designated officers

73 Appointment of Registrar

74 Power of designated officer to delegate

Subpart 3Secret-level government-sponsored security clearance

75 Network operator must nominate employee to apply for clearance

76 Nominated person must apply

Subpart 4General information-gathering powers

77 Designated officer may require information in order to assist surveillance agency

78 Director of Government Communications Security Bureau may require information

79 Time for compliance

80 Network operator must comply despite any other enactment or any breach of confidence, etc

81 Miscellaneous provisions

Subpart 5Compliance testing

82 Designated officer may require compliance testing

83 Process for consulting on times

Subpart 6Certification

84 Designated officer may require certification as to compliance

85 Due inquiry

86 Designated officer may give certificate to surveillance agency

Subpart 7Enforcement

87 Interpretation

Breach notices and enforcement notices

88 Breach notice may be issued for minor non-compliance

89 Breach notice may request consent to enter and inspect in connection with duties under Part 2

90 Enforcement notice may be issued for serious non-compliance

91 Application for compliance order or pecuniary penalty order

Compliance orders

92 Power of High Court to order compliance

93 Right to be heard

94 Decision on application

95 Appeals to Court of Appeal

96 Effect of appeal

Pecuniary penalty orders

97 Pecuniary penalty for contravention of duties or compliance order

98 Amount of pecuniary penalty

99 Considerations for court in determining pecuniary penalty

Civil proceedings

100 Rules of civil procedure and civil standard of proof apply

Subpart 8Protecting classified information

101 Application of subpart

102 Classified security information and other terms defined

103 Obligation to provide court with access to classified security information

104 Court orders

105 Appointment of special advocate

106 Nomination of person for appointment

107 Role of special advocates

108 Court may provide access to classified security information to special advocate

109 Communication between special advocate and other persons

110 Protection of special advocates from liability

111 Other matters relating to procedure in proceedings involving classified security information

112 Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc

113 Ancillary general practices and procedures to protect classified security information

Subpart 9Miscellaneous provisions

Costs

114 Costs of interception capability on public telecommunications network or telecommunications service

115 Costs incurred in assisting surveillance agencies

116 Surveillance agency not required to pay costs

117 Dispute about costs must be referred to mediation or arbitration

Protection from liability

118 Protection from liability

Other miscellaneous provisions

119 Notices

120 Service of notices

121 Powers not limited

122 Repeal

123 Consequential amendments

124 Savings provision for exemptions

125 Transitional provision relating to network operators

126 Regulations relating to time frames that apply to Director under Part 3

127 Regulations

Schedule
Consequential amendments

Reprint notes


The Parliament of New Zealand enacts as follows: