Telecommunications (Interception Capability and Security) Act 2013

Part 1 Preliminary provisions

General

3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

annual update means an update under section 69

applicant means a person that applies for registration under section 61

authorised person means any person authorised to execute or assist in the execution of an interception warrant or other lawful interception authority

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

chief executive means a person occupying the position of chief executive, by whatever name called, or the person who performs substantially the same function

classified information means information that—

(a)

is of a kind specified in any of paragraphs (a) to (c) of section 102(2); and

(b)

the disclosure of which would be likely to do any of the things specified in paragraphs (a) to (d) of section 102(3)

compliance order means an order made by the High Court under section 92

customer means a person who receives telecommunications services from, and has an account or billing relationship with, a network operator

designated officer means a person appointed under section 72

Director means the Director-General of the Government Communications Security Bureau

documents, in subpart 4 of Part 4, means documents (within the meaning of section 4(1) of the Evidence Act 2006) in the possession or under the control of the network operator

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

equipment, in this Part and Parts 2 and 3, means both hardware and software

full interception capability means the capability to intercept a telecommunication as described in section 10

information, in subpart 4 of Part 4, means information in the possession or under the control of the network operator

infrastructure-level service means any service that provides the physical medium over which telecommunications are transmitted (for example, optical fibre cable), but does not include the device or equipment that generates, transmits, or receives any telecommunication signal

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—

(a)

while it is taking place on a telecommunications network; or

(b)

while it is in transit on a telecommunications network

intercept accessible, in relation to a network or service, means the capability described in section 12

intercept ready, in relation to a network or service, means the capability described in section 11

interception warrant means—

(a)

a warrant issued under section 53 of the Search and Surveillance Act 2012:

(b)

an intelligence warrant issued under Part 4 of the Intelligence and Security Act 2017

law enforcement agency means—

(a)

the New Zealand Police; or

(b)

a specified law enforcement agency within the meaning of section 50 of the Search and Surveillance Act 2012 that is approved by an Order in Council under that section to use interception devices

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

Minister for Communications and Information Technology 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 communications and information technology

Minister responsible for the Government Communications Security Bureau means the Minister 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 the Government Communications Security Bureau

Minister of Trade 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 trade

national security, in relation to New Zealand, includes its economic well-being

network operations centre means any part of an organisation or a network that is responsible for controlling the operation, performance, or security of a public telecommunications network (whether or not any of those activities are outsourced)

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

network security risk means any actual or potential security risk arising from—

(a)

the design, build, or operation of a public telecommunications network; or

(b)

any interconnection to or between public telecommunications networks in New Zealand or with telecommunications networks overseas

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 authorisation issued under Part 4 of the Intelligence and Security Act 2017 (within the meaning of section 47 of that Act); and

(b)

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

outsourcing arrangement means any arrangement (whether contractual or otherwise) entered into by a network operator and another person within New Zealand (other than a surveillance agency) that enables the sharing of services for the purpose of meeting any interception capability requirements in this Act

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

purely resold telecommunications service means any service—

(a)

that is supplied or provided to a network operator (A); and

(b)

that (A) resells, supplies, or provides to another person without making any technical modification to that service

register means the register of network operators established under section 63

Registrar means the person appointed as the Registrar of network operators under section 73

responsible Ministers means—

(a)

the Minister in charge of the New Zealand Security Intelligence Service; and

(b)

the Minister responsible for the Government Communications Security Bureau; and

(c)

the Minister of Police

security risk means any actual or potential risk to New Zealand’s national security

service provider

(a)

means any person who, from within or outside New Zealand, provides or makes available in New Zealand 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

significant network security risk means a network security risk that is a significant risk to New Zealand’s national security

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

wholesale network service means a service, other than an infrastructure-level service or a purely resold telecommunications service, that—

(a)

is provided by a network operator (network operator A) only to 1 or more other network operators; and

(b)

is provided exclusively over 1 or more networks that are owned, controlled, or operated by network operator A.

(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.

Section 3(1) Director: replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 3(1) interception warrant: replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 3(1) Minister responsible for the Government Communications Security Bureau: amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 3(1) other lawful interception authority: replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).