Radiocommunications Regulations 2001

12 Matters chief executive must take account of
  • (1) In determining whether to grant a radio licence or a general user radio licence or an exemption, the chief executive must take account of—

    • (a) any agreement between New Zealand and any other country or countries relating to radiocommunications; and

    • (b) the technical compatibility of existing radio licences and spectrum licences with the radiocommunication service for which the radio licence or the general user radio licence or the exemption is required; and

    • (c) the public interest in achieving the maximum benefit from radiocommunications; and

    • (d) any general policy of the Government made in accordance with section 112 of the Act.

    (2) For the purpose of assisting the chief executive to take into account the matter referred to in subclause (1)(b), the applicant for a radio licence must, when applying for that licence, supply a certificate from an authorised person referred to in regulation 46(ba) or (bb).

    (3) The certificate referred to in subclause (2) must certify that, in the opinion of the authorised person, the radiocommunication service for which the radio licence is required is technically compatible with existing radio licences and spectrum licences.

    Regulation 12(2): substituted, on 1 February 2008, by regulation 5(1) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).

    Regulation 12(3): added, on 1 July 2005, by regulation 3 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).

    Regulation 12(3): amended, on 1 February 2008, by regulation 5(2) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).