New Zealand Legislation: Regulations
Regulations are laws made under Acts
Schedule 7 | r 47 |
Item “Form 26 –Request to refer matter to arbitration”
was inserted, as from 1 July 2003, by regulation 14(1) Radiocommunications Amendment Regulations 2003 (SR 2003/145).
| Form 1 | —Application to register radio frequencies (record managment rights) |
| Form 2 | —Notice of transfer of management rights |
| Form 3 | —Application to aggregate management rights |
| Form 4 | —Notice of modification of power floor level |
| Form 5 | —Notice of modification of protection limit |
| Form 6 | —Notice of modification of adjacent frequencies emission limits |
| Form 7 | —Spectrum licence |
| Form 8 | —Notice of modification of spectrum licence |
| Form 9 | —Notice of transfer of spectrum licence |
| Form 10 | —Notice of cancellation of spectrum licence |
| Form 11 | —Memorandum of mortgage |
| Form 12 | —Memorandum of increase or reduction of mortgage debt |
| Form 13 | —Memorandum of increase or reduction in rate of interest |
| Form 14 | —Memorandum of renewal, shortening, or extension of term or currency of mortgage |
| Form 15 | —Memorandum of variation of covenants, conditions, and powers of mortgage |
| Form 16 | —Memorandum of priority of mortgages |
| Form 17 | —Notice of default to mortgagor |
| Form 18 | —Memorandum of discharge of mortgage |
| Form 19 | —Application to be registered as manager or rightholder by operation of law |
| Form 20 | —Caveat |
| Form 21 | —Withdrawal of caveat |
| Form 22 | —Application for correction of register |
| Form 23 | —Consent by rightholder to transfer of management rights |
| Form 24 | —Consent by mortgagee to grant or modification of spectrum licence |
| Form 25 | —Consent by manager to transfer of spectrum licence |
| Form 26 | —Request to refer matter to arbitration |
| To the Registrar of Radio Frequencies | |
| I, [full name], chief executive of the Ministry of Economic Development, apply for a record of management rights to be recorded for the radio frequencies specified in the Schedule of this application. | |
| The record of management rights is to specify, for those frequencies, the particulars specified in the Schedule. | |
| Chief executive of the Ministry of Economic Development. | |
| Date: ........................... |
| Schedule | ||||||||
| Record of management rights | ||||||||
| 1 | Range of frequencies to be recorded in the Register: | |||||||
| Lower boundary: ....... MHz. | ||||||||
| Upper boundary: ....... MHz. | ||||||||
| 2 | Adjacent frequencies emission limits (expressed as the maximum e.i.r.p. (in dBW) of those emissions): | |||||||
| Below lower boundary frequency: | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Above upper boundary frequency: | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Note: The adjacent frequencies emission limits applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| 3 | Protection limit (expressed as the e.i.r.p. (in dBW) of that limit): | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Note: The protection limit applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| 4 | Power floor levels (expressed as the e.i.r.p. (in dBW) of that level): | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Note: The power floor level applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| If no power level is specified, the power floor level is - 50dBW at all frequencies. | ||||||||
| 5 | The conditions that apply to licences created in relation to the record of management rights are [specify the conditions]. | |||||||
| 6 | The commencement date of the record of management rights is [specify date]. | |||||||
| 7 | The expiry date of the record of management rights is [specify date]. | |||||||
| Note: This application must be signed in duplicate. | ||||||||
Form 1 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| I, [full name], being the manager for the range of frequencies specified in record of management rights number [specify reference number], in consideration of the sum of $[specify amount excluding goods and services tax], transfer to [full name] of [full address], the management rights for— | |
| *(a) the range of frequencies [or] | |
| *(b) the part of the range of frequencies that are specified in the Schedule. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| [If the notice of transfer of management rights transfers the management rights for only part of the range of frequencies specified in a record of management rights, the manager must complete the Schedule]. |
| Schedule | ||||||||
| Management rights transferred | ||||||||
| 1 | Frequencies in respect of which management rights are transferred: [specify range of frequencies]. | |||||||
| 2 | Adjacent frequencies emission limits (expressed as the maximum e.i.r.p. (in dBW) of those emissions) to apply for the frequencies adjacent to the new boundary created at ....... MHz as a result of this transfer: | |||||||
| Below new boundary frequency: | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Above new boundary frequency: | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| [Repeat if a second new boundary is created as a result of the transfer]. | ||||||||
| Note: The adjacent frequencies emission limits applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| Note: This notice must be signed in duplicate. | ||||||||
| This notice must be accompanied by a rightholder's consent if section 42(2) of the Radiocommunications Act 1989 applies. | ||||||||
Form 2 was amended, as from 1 July 2005, by regulation 9(1) Radiocommunications Amendment Regulations 2005 (2005 No 171) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| I, [full name], manager under record of management rights number [specify first reference number] and record of management rights number [specify second reference number], being management rights that share a common boundary and have the same expiry date, request that the management rights be aggregated. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This application must be signed in duplicate. |
Form 3 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| We, [full name], chief executive of the Ministry of Economic Development, and [full name], manager under record of management rights number [specify reference number], have agreed to modify the power floor level that applies to that record of management rights. | |
| We give notice that the power floor level specified in the Schedule applies, under that agreement, to that record of management rights from the date specified in the Schedule. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of chief executive of the Ministry of Economic Development]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... |
| Schedule | ||||||||
| Modification of power floor | ||||||||
| 1 | Modified power floor level (expressed as the e.i.r.p. (in dBW) of that level): | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz | ||||||||
| Note: The power floor level applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| 2 | The date from which the modified power floor level will apply is [specify date]. | |||||||
| Note: This notice must be signed in duplicate. | ||||||||
Form 4 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| We, [full name], chief executive of the Ministry of Economic Development, and [full name], manager under record of management rights number [specify reference number], have agreed to modify the protection limit that applies to that record of management rights. | |
| We give notice that the protection limit specified in the Schedule applies, under that agreement, to that record of management rights, from the date specified in the Schedule. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of chief executive of the Ministry of Economic Development]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... |
| Schedule | ||||||||
| Modification of protection limit | ||||||||
| 1 | Modified protection limit (expressed as the e.i.r.p. (in dBW) of that limit): | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Note: The protection limit applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| 2 | The date from which the modified protection limit will apply is [specify date]. | |||||||
| Note:: This notice must be signed in duplicate. | ||||||||
Form 5 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| We, [full name], manager under the record of management rights specified in clause 1 of the Schedule, and [full name], manager under the record of management rights specified in clause 2 of the Schedule (the adjacent manager), have agreed to modify the adjacent frequencies emission limit that applies to a frequency falling within the range of frequencies specified in the adjacent manager's record of management rights. | |
| We give notice that the adjacent frequencies emission limits specified in clause 3 of the Schedule apply, under that agreement, to the record of management rights specified in clause 1 of the Schedule from the date specified in the Schedule. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of adjacent manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| [Repeat if necessary for all relevant adjacent managers]. |
| Schedule | ||||||||
| Modification of adjacent frequencies emission limits | ||||||||
| 1 | The record of management rights to which the modified adjacent frequencies emission limits are to apply is [specify reference number]. | |||||||
| 2 | The record of management rights of the adjacent manager is [specify reference number]. | |||||||
| 3 | Modified adjacent frequencies emission limits (expressed as the maximum e.i.r.p. (in dBW) of those emissions): | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| Note: The adjacent frequencies emission limits applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where— | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| 4 | The date from which modified adjacent frequencies emission limits will apply is [specify date]. | |||||||
| Note: This notice must be signed in duplicate. | ||||||||
Form 6 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| I, [full name], being the manager for the range of frequencies specified in record of management rights number [specify reference number], give notice that I intend to— | ||
| *(a) | grant to [full name], of [full address] [or] | |
| *(b) | grant to every person [or] | |
| *(c) | reserve to myself— | |
| *the right to transmit radio waves on the frequencies specified in clause 3 of the Schedule, and the right to have no harmful interference from co-channel emissions on those frequencies in the protection location(s) or area specified in clause 7 of the Schedule (Type A licence). | ||
| [or] | ||
| *the right to transmit radio waves on the frequencies specified in clause 3 of the Schedule (Type B licence). | ||
| [or] | ||
| *the right to have no harmful interference from co-channel emissions on the frequencies specified in clause 3 of the Schedule in the protection location(s) or area specified in clause 7 of the Schedule (Type C licence). | ||
| *Delete if inapplicable. | ||
| The terms and conditions of the licence are set out in the Schedule. | ||
| Date: ........................... | ||
| Signed by [name of manager]: | ||
| in the presence of: | ||
| Witness name: | ||
| Occupation: .................... | ||
| Full address: .................... | ||
| Schedule | ||||||||
| Details of spectrum licence | ||||||||
| [All clauses of the Schedule apply to Type A licences. All clauses of the Schedule apply to Type B licences except clause 7. All clauses of the Schedule apply to Type C licences except clauses 4, 5, and 6..] | ||||||||
| 1 | The commencement date of this licence is [specify date]. | |||||||
| 2 | The expiry date of this licence is [specify date]. | |||||||
| 3 | The frequencies that apply to this licence are as follows: | |||||||
| (a) | the characteristic frequency is [specify characteristic frequency in MHz. The term characteristic frequency has the same meaning as in the International Radio Regulations]: | |||||||
| (b) | the frequency band is [specify the lower boundary frequency and the upper boundary frequency in MHz]. | |||||||
| 4 | Unwanted emission limits applying to emissions from the transmitter (expressed as the maximum e.i.r.p. (in dBW) of those emissions): | |||||||
| (a) | limits applying to frequencies below the lower boundary frequency: | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| (b) | limits applying to frequencies above upper boundary frequency: | |||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| ....... dBW at ....... MHz to ....... dBW at ....... MHz. | ||||||||
| [Repeat clauses 3 and 4 if necessary for multiple frequency licences or multiple frequency band licences.] | ||||||||
| Note: The unwanted emission limits applicable to frequencies within each specified range must be determined in accordance with the following formula: | ||||||||
| y = mx + C | ||||||||
| where | ||||||||
| y = dBW | ||||||||
| x = MHz | ||||||||
| dy | ||||||||
| m = | — | |||||||
| dx | ||||||||
| C = the value of y where x = 0 (the y intercept). | ||||||||
| 5 | The maximum power, designation of emissions, and horizontal radiation pattern permitted under this licence are as follow | |||||||
| (a) | maximum power of emissions: ....... dBW (e.i.r.p.): | |||||||
| (b) | designation of emissions: [specify designation]: | |||||||
| (c) | horizontal radiation pattern of antenna (maximum e.i.r.p. (in dBW) per sector in degrees relative to true North): | |||||||
| 0 ....... degrees up to ....... degrees: ....... dBW | ||||||||
| over ....... degrees up to ....... degrees: ....... dBW | ||||||||
| over ....... degrees up to ....... degrees: ....... dBW. | ||||||||
| 6 | The location of the transmitter, the antenna polarisation, and the antenna height are as follows: | |||||||
| (a) | *the location of the transmitter [being the fixed base transmitter of a mobile service, the fixed central hub transmitter of a fixed point-to-multipoint service, or a fixed transmitter of any other service] is: | |||||||
| map | grid reference | site name | altitude (metres above sea level) | |||||
| /............. | ||||||||
| [or] | ||||||||
| *the area within which the transmitter or transmitters [being mobile transmitters of a mobile service or remote transmitters of a fixed point-to-multipoint service] | ||||||||
| may transmit under this licence, being the area bounded by a series of straight lines drawn between the following points: | ||||||||
| map | grid reference | |||||||
| /............. to | ||||||||
| /............. to | ||||||||
| /............. | ||||||||
| (b) | the antenna polarisation is [specify polarisation]: | |||||||
| (c) | the antenna height [if at a fixed location] is [specify in metres above ground level]. | |||||||
| 7 | The protection location or locations or protection area that apply under this licence are described as follows: | |||||||
| (a) | *the protection location or locations are: | |||||||
| map | grid reference | site name | ||||||
| /............. | ||||||||
| [specify separately for each location] | ||||||||
| [or] | ||||||||
| *the protection area, being the area bounded by a series of straight lines between the following points: | ||||||||
| map | grid reference | |||||||
| /............. to | ||||||||
| /............. to | ||||||||
| /............. | ||||||||
| (b) | the maximum permitted interfering signal or signals that apply to the protection location or locations or the protection area are [specify all of the maximum permitted interfering signals in dBuV/m]. | |||||||
| 8 | The authorities that apply to this licence are as follows: | |||||||
| (a) | this licence may be transferred *by the rightholder acting alone [or] *by agreement between the manager and the rightholder: | |||||||
| (b) | this licence may be cancelled *by the rightholder acting alone [or] *by the manager acting alone [or] *by agreement between the manager and the rightholder: | |||||||
| (c) | this licence may be modified *by the rightholder acting alone [or] *by the manager acting alone [or] *by agreement between the manager and the rightholder. | |||||||
| 9 | The conditions applying to the exercise of the rightholder's rights under this licence are [specify conditions]. | |||||||
| *Delete if inapplicable. | ||||||||
| Note: Before this licence may be registered, the Registrar must receive a certificate from an approved radio engineer under section 25(4) of the Radiocommunications Act 1989. | ||||||||
| If a characteristic frequency is not specified in clause 3 of the Schedule, the centre frequency of the frequency band will be entered into the Register for reference purposes. | ||||||||
| This notice must be accompanied by an acknowledgement of the mortgagee's consent if section 26 of the Radiocommunications Act 1989 applies. | ||||||||
| This licence must be signed in duplicate. | ||||||||
Form 7 was amended, as from 1 July 2005, by regulation 9(1) Radiocommunications Amendment Regulations 2005 (2005 No 171) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| *I, [full name], being the rightholder for spectrum licence number [specify reference number], being a licence that section 57 of the Act applies to, give notice that the spectrum licence is modified in accordance with the Schedule. | |
| [or] | |
| *I, [full name], being the manager under record of management rights number [specify reference number] in relation to spectrum licence number [specify reference number], being a licence that section 57A of the Act applies to, give notice that the spectrum licence is modified in accordance with the Schedule. | |
| [or] | |
| *We, [full name], being the rightholder for spectrum licence number [specify reference number], and [full name], being the manager under the record of management rights number [specify reference number], in respect of that spectrum licence, being a licence that section 57B of the Act applies to, have agreed that the spectrum licence is modified in accordance with the Schedule. We give notice that the spectrum licence is modified in accordance with the Schedule. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of rightholder]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| *I, [full name], being the manager under record of management rights number [specify reference number], consent to the modification of the licence as specified in this notice, for the purposes of section 57C of the Act. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| [Repeat if necessary for all relevant managers.] |
| Schedule | |
| Modifications to spectrum licence | |
| 1 | The modifications that are to apply to the spectrum licence are [specify modifications using, where appropriate, the format set out in the prescribed form for spectrum licences (Form 7)]. |
| 2 | The date from which the modifications are to apply is [specify date]. |
| Note: Before this notification may be registered, the Registrar may require a certificate from an approved radio engineer to be provided in accordance with section 57D of the Radiocommunications Act 1989. | |
| If the authorities in the licence require the manager's or managers' approval of a modification of the licence, this notice must be signed by every manager that has a record of management rights, including any of the frequencies within the bandwidth of the licence. | |
| This notice must be accompanied by an acknowledgment of a mortgagee's consent if section 26 of the Radiocommunications Act 1989 applies. | |
| This notice must be accompanied by a statutory declaration from, or on behalf of, a rightholder if section 57 of the Radiocommunications Act 1989 applies or from, or on behalf of, a manager if section 57A of the Radiocommunications Act 1989 applies. | |
| This notice must be signed in duplicate. | |
Form 8 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| I, [full name], being the rightholder for spectrum licence number [specify reference number], in consideration of the sum of $ [specify amount excluding goods and services tax], transfer the spectrum licence to [full name], of [full address]. | |
| Date: ........................... | |
| Signed by [name of rightholder]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This notice must be signed in duplicate. | |
| This notice must be accompanied by a consent from all relevant managers if section 56(2) or (3) of the Radiocommunications Act 1989 applies. |
Form 9 was amended, as from 1 July 2003, by regulation 14(3) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and accompanied by the prescribed fee”
.
| *I, [full name], being the rightholder for spectrum licence number [specify reference number], being a licence that section 57 of the Act applies to, give notice that the spectrum licence is cancelled. | |
| [or] | |
| *I, [full name], being the manager under record of management rights number [specify reference number] for spectrum licence number [specify reference number], being a licence that section 57A of the Act applies to, give notice that the spectrum licence is cancelled. | |
| [or] | |
| *We, [full name], being the rightholder for spectrum licence number [specify reference number], and [full name] being the manager under record of management rights number [specify reference number] for that spectrum licence, being a licence that section 57B of the Act applies to, have agreed that the spectrum licence be cancelled. We give notice that the spectrum licence is cancelled. | |
| *Delete if inapplicable. | |
| The date from which the cancellation will apply is [specify date]. | |
| Date: ........................... | |
| Signed by [name of rightholder]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This notice must be signed in duplicate. | |
| This notice must be accompanied by a statutory declaration from, or on behalf of, a rightholder if section 57 of the Radiocommunications Act 1989 applies or from, or on behalf of, a manager if section 57A of the Radiocommunications Act 1989 applies. |
Form 10 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| Mortgage number: [specify reference number]. | ||
| 1 | Parties to the mortgage— | |
| (a) mortgagor: [specify full name, address, and occupation]; and | ||
| (b) mortgagee: [specify full name, address, and occupation]. | ||
| 2 | Interest mortgaged: [specify the interest to be mortgaged, ie, record of management rights number (specify reference number) or spectrum licence number (specify reference number)]. | |
| 3 | Principal sum: [specify amount]. | |
| 4 | Date of advance: [specify date]. | |
| 5 | Interest rate: [specify agreed rate]. | |
| 6 | How interest is to be paid: [specify whether yearly, monthly, or otherwise as the case may be]. | |
| 7 | How and when principal sum will be repaid: [specify date and mode of payment agreed upon]. | |
| 8 | Other terms of the mortgage: [specify any special covenants or conditions]. | |
| 9 | Priority of the mortgage: [specify whether the mortgage ranks as a first mortgage, or a second mortgage, or otherwise as the case may be]. | |
| The mortgagor covenants with the mortgagee as set out above. | ||
| The mortgagor acknowledges receipt of the principal sum. | ||
| For the better securing of the principal sum, interest, and other moneys, the mortgagor mortgages to the mortgagee all of the interest of the mortgagor in the *record of management rights [or] *licence described above. | ||
| *Delete if inapplicable. | ||
| Date: ........................... | ||
| Signed by [name of mortgagor]: | ||
| in the presence of: | ||
| Witness name: | ||
| Occupation: .................... | ||
| Full address: .................... | ||
| Note: This memorandum must be signed in duplicate. | ||
Form 11 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| *Record of management rights number: [specify reference number]. | |
| *Spectrum licence number: [specify reference number]. | |
| *Delete if inapplicable. | |
| Mortgage number: [specify reference number]. | |
| Mortgagor: [specify full name and address]. | |
| Mortgagee: [specify full name and address]. | |
| The principal sum intended to be secured by— | |
| *the mortgage described above [or] | |
| *the attached mortgage— | |
| is *increased [or] *reduced to $ [specify amount], from the date of this memorandum. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of mortgagor]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: It is not necessary for a mortgagor to sign a memorandum of reduction of the mortgage debt, or for a mortgagee to sign a memorandum of increase of the mortgage debt. | |
| This memorandum must be signed in duplicate. |
Form 12 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| *Record of management rights number: [specify reference number]. | |
| *Spectrum licence number: [specify reference number]. | |
| *Delete if inapplicable. | |
| Mortgage number: [specify reference number]. | |
| Mortgagor: [specify full name and address]. | |
| Mortgagee: [specify full name and address]. | |
| The rate of interest payable under— | |
| *the mortgage described above [or] | |
| *the attached mortgage— | |
| is *increased [or] *reduced to $ [specify new rate], from the date of this memorandum. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of mortgagor]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: It is not necessary for a mortgagor to sign a memorandum of reduction of the rate of interest payable under a mortgage, or for a mortgagee to sign a memorandum of increase of the rate of interest payable under a mortgage. | |
| This memorandum must be signed in duplicate. |
Form 13 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| *Record of management rights number: [specify reference number]. | |
| *Spectrum licence number: [specify reference number]. | |
| *Delete if inapplicable. | |
| Mortgage number: [specify reference number]. | |
| Mortgagor: [specify full name and address]. | |
| Mortgagee: [specify full name and address]. | |
| The term (or currency) of— | |
| *the mortgage described above [or] | |
| *the attached mortgage— | |
| is *renewed [or] *shortened [or] *extended to: [specify date]. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of mortgagor]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This memorandum must be signed in duplicate. |
Form 14 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| *Record of management rights number: [specify reference number]. | |
| *Spectrum licence number: [specify reference number]. | |
| *Delete if inapplicable. | |
| Mortgage number: [specify reference number]. | |
| Mortgagor: [specify full name and address]. | |
| Mortgagee: [specify full name and address]. | |
| The covenants, conditions, and powers contained or implied in— | |
| *the mortgage described above [or] | |
| *the attached mortgage— | |
| are varied from the date of this memorandum as follows: [specify variations]. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of mortgagor]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This memorandum must be signed in duplicate. |
Form 15 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| *Record of management rights number: [specify reference number]. | |
| *Spectrum licence number: [specify reference number]. | |
| *Delete if inapplicable. | |
| Mortgage number: [specify reference number]. | |
| Mortgagor: [specify full name and address]. | |
| Mortgagee: [specify full name and address]. | |
| The priority of the following mortgages, in so far as they affect the— | |
| *record of management rights [or] *spectrum licence— | |
| described above is varied, from the date of this memorandum, as follows: | |
| (a) mortgage number [specify reference number] in favour of [full name of first mortgagee] and securing the principal sum of $ [specify amount] will rank as a first mortgage: | |
| (b) mortgage number [specify reference number] in favour of [full name of second mortgagee] and securing the principal sum of $ [specify amount] will rank as a second mortgage. | |
| [Insert additional particulars if there are more than 2 mortgages] | |
| *Delete if inapplicable. | |
| Date:........................... | |
| Signed by [name of mortgagor]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Signed by [name of second mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This memorandum must be signed by the mortgagor, and by the mortgagee under every mortgage that, by the memorandum, is postponed to any mortgage over which it previously had priority. | |
| This memorandum must be signed in duplicate. |
Form 16 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| Mortgage number: [specify mortgage number]. | |||
| *Record of management rights number: [specify reference number]. | |||
| *Spectrum licence number: [specify reference number]. | |||
| *Delete if inapplicable. | |||
| To [full name and last-known residential or business address of mortgagor]. | |||
| Default | |||
| I [full name of mortgagee], being the mortgagee under the mortgage described above, gives you notice that you are in default under the mortgage as follows: | |||
| 1 | You have failed to pay [specify each default of payment claimed, stating the amount, due date, and nature (for example, principal, interest, insurance premiums, etc) of each missed payment, and any other particulars that are necessary to adequately inform the mortgagor of the nature and extent of the default]. | ||
| The total amount now in arrears is $ [specify amount]. | |||
| 2 | You have failed to observe or comply with the following covenant(s) in the mortgage: [specify each default complained of with sufficient particularity to adequately inform the mortgagor of the nature and extent of the default]. | ||
| Remedy | |||
| You are required to remedy the default(s) described above as follows: | |||
| *(a) | by payment of the sum of $ [specify amount]: | ||
| *(b) | by [specify what action is required to remedy each default]. | ||
| *Delete if inapplicable. | |||
[If the default complained of is incapable of remedy, omit this paragraph and substitute the words “The default described above is incapable of remedy.”] | |||
| Consequences | |||
| If you do not remedy each default before [specify date, which must not be earlier than 1 month from the date of service of the notice], the mortgagee will have the right to [specify the rights that the mortgagee will be entitled to exercise if the default is not remedied within the specified period]. | |||
[If the default complained of is incapable of remedy, omit the words “If you do not remedy each default before”, and substitute the words “On and after”.] | |||
| Date: ........................... | |||
| Signed by, or on behalf of, the mortgagee: | |||
| in the presence of: | |||
| Witness name: | |||
| Occupation: .................... | |||
| Full address: .................... | |||
| This notice is given by [full name], whose address for service is [specify address]. | |||
| Copy to: [each subsequent mortgagee of whose name and address the mortgagee has actual notice]. | |||
| The mortgagee acknowledges that mortgage number [specify reference number] is discharged *wholly [or] *partially to the following extent [specify the extent of the discharge]. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Note: This memorandum must be signed in duplicate. |
Form 18 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| I, [full name], of [address], apply to be registered as *manager for the radio frequencies described in record of management rights number [specify reference number] [or] *rightholder for spectrum licence number [specify reference number]. | |
| *Delete if inapplicable. | |
| I believe that I am entitled to be registered by operation of law for the following reasons: [specify sufficient information to inform the Registrar of the facts relied on to support the application]. | |
| The following persons have an interest in this application: [list names and addresses of persons who have an interest in the application and who should be given notice of it, including persons who may oppose the application]. | |
| The following evidence accompanies this application: [list the evidence that accompanies the application in order to establish the applicant's entitlement to be registered as manager or rightholder]. | |
| Signature of applicant: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Date: ........................... | |
| Note: This application must be accompanied by the evidence in support of the application that is necessary to establish the applicant's entitlement to be registered as manager or rightholder. | |
Form 19 was amended, as from 1 July 2005, by regulation 9(2) Radiocommunications Amendment Regulations 2005 (2005 No 171) by omitting the words “The application must be accompanied by the prescribed fee.”
.
| To the Registrar of Radio Frequencies | |||
| I, [full name], of [address],— | |||
| *1 | claim that I am *entitled to [or] *beneficially interested in,— | ||
| *(a) | the management rights for the radio frequencies relating to record of management rights number [specify reference number], | ||
| [or] | |||
| *(b) | spectrum licence number [specify reference number], | ||
| by virtue of *an unregistered agreement [or] an instrument [or] *an express or implied trust [or as the case may be]. | |||
| [or] | |||
| *2 | am transferring to [full name] to be held in trust— | ||
| *(a) | the management rights for the radio frequencies relating to record of management rights number [specify reference number]. | ||
| [or] | |||
| *(b) | spectrum licence number [specify reference number]. | ||
| *Delete if inapplicable. | |||
| I therefore forbid you to make any entry on the Register having the effect of— | |||
| *charging, modifying, or transferring the management rights relating to this caveat, or creating any licence under those management rights. | |||
| [or] | |||
| *charging, modifying, or transferring the licence relating to this caveat. | |||
| I believe that I am entitled to lodge this caveat because [specify the grounds on which the caveat is lodged]. | |||
| I appoint [specify an address] as the place at which notices relating to this caveat may be served. | |||
| *Delete if inapplicable. | |||
| Date: ........................... | |||
| Signed by [name of caveator]: | |||
| in the presence of: | |||
| Witness name: | |||
| Occupation: .................... | |||
| Full address: .................... | |||
| Note: This caveat must be signed in duplicate. | |||
Form 20 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| Caveat number: [specify reference number]. | |||
| To the Registrar of Radio Frequencies | |||
| I, [full name], having lodged caveat number [specify reference number] for— | |||
| *record of management rights number [insert reference number] [or] | |||
| *spectrum licence number [insert reference number], | |||
| withdraw that caveat as to— | |||
| *the whole of the *management rights [or] *spectrum licence protected by the caveat [or] | |||
| *the following part of the *management rights [or] *spectrum licence protected by the caveat: [here specify that part of the management rights or licence for which the caveat is withdrawn]. | |||
| *Delete if inapplicable. | |||
| Date: ........................... | |||
| Signed by [name of caveator]: | |||
| in the presence of: | |||
| Witness name: | |||
| Occupation: .................... | |||
| Full address: .................... | |||
| Note: This withdrawal of caveat must be signed in duplicate. |
Form 21 was amended, as from 1 July 2003, by regulation 14(2) Radiocommunications Amendment Regulations 2003 (SR 2003/145) by omitting the words “and must be accompanied by the prescribed fee”
.
| To the Registrar of Radio Frequencies | |
| I, [full name], request that the record on the Register of the particulars set out in the instrument described below be corrected on the grounds recorded below. | |
| Instrument relating to this application: [specify the instrument]. | |
| *Record of management rights relating to the instrument: [specify reference number]. | |
| *Spectrum licence relating to the instrument: [specify reference number]. | |
| Details of correction requested: [specify the correction requested]. | |
| Grounds for correction: [specify the grounds for the correction]. | |
| *Delete if inapplicable. | |
| Signature of applicant: | |
| Date:........................... | |
| Signed by [name of mortgagor]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| Date: ........................... | |
| Note: This application must be accompanied by a copy of the certificate issued under section 17(b) of the Radiocommunications Act 1989 that relates to the record on the Register that is relevant to this application. | |
| This application must be signed in duplicate. |
Form 22 was amended, as from 1 July 2005, by regulation 9(3) Radiocommunications Amendment Regulations 2005 (2005 No 171) by omitting the words “and must be accompanied by the prescribed fee. No fee is payable if the correction is necessary because of a mistake made by the Registrar or by any of the Registrar’s officers”
.
| I, [full name], being the rightholder under spectrum licence number [specify reference number] consent to the transfer of management rights as specified in the Schedule. | |
| Date: ........................... | |
| Signed by [name of rightholder]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... |
| Schedule | |
| Management rights transferred | |
| 1 | Record of management rights number: [specify reference number]. |
| 2 | Frequencies in respect of which management rights are transferred: [specify range of frequencies]. |
| 3 | Transferee: [specify full name and address of transferee]. |
| I, [full name], being the mortgagee under mortgage number [specify reference number], for record of management rights number [specify reference number], acknowledge that I have consented to— | |
| *the grant of the spectrum licence *attached [or] *as specified in the Schedule. | |
| [or] | |
| *the modification of spectrum licence number [specify reference number] *as specified in the attached Notice of modification of spectrum licence [or] *as specified in the Schedule. | |
| *Delete if inapplicable. | |
| Date: ........................... | |
| Signed by [name of mortgagee]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... |
| Schedule |
| Grant or modification of spectrum licence |
| The details of the *spectrum licence [or] *modifications that apply to the spectrum licence are [specify details of the spectrum licence or modifications using, where appropriate, the format set out in the prescribed form for spectrum licences (Form 7)]. |
| *Delete if inapplicable. |
| I, [full name], being the manager under record of management rights number [specify reference number], consent to the transfer of spectrum licence number [specify reference number] to [full name] of [full address]. | |
| Date: ........................... | |
| Signed by [name of manager]: | |
| in the presence of: | |
| Witness name: | |
| Occupation: .................... | |
| Full address: .................... | |
| [Repeat if necessary for all relevant managers.] |
| To the chief executive of the Ministry of Economic Development | |
| I, [full name], being the rightholder for spectrum licence number [specify reference number] (or the holder of radio licence number [specify reference number] or the owner of the radionavigation or safety receiver described as [specify description of receiver]), request under section 108(6) (or section 108(7)) of the Radiocommunications Act 1989 that the chief executive of the Ministry of Economic Development refer the matter described below to arbitration under section 109 of that Act. | |
| 1 | The respondent's name is [specify full name of respondent]. |
| 2 | The respondent is the rightholder for spectrum licence number [specify reference number] (or the holder of radio licence number [specify reference number]). |
| 3 | A notice under section 108(1) of the Radiocommunications Act 1989 was served on the respondent on [specify date]. A copy of the notice is attached to this form. |
| *4 | The action specified in the notice has not been taken within 10 working days of the notice being properly given. |
| *5 | I continue to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in my protection area. |
| *6 | I continue to believe that the action that is specified in the notice is justified. |
| 7 | The matters that the chief executive of the Ministry of Economic Development must be satisfied of in section 109(1)(a) to (c) and (f) of the Radiocommunications Act 1989 are satisfied because [specify sufficient information to satisfy the chief executive of the Ministry of Economic Development of the matters specified in section 109(1)(a) to (c) and (f) of the Radiocommunications Act 1989. Supporting documentation should be attached if appropriate]. |
| 8 | The respondent and I have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration. |
| or | |
| 8 | The respondent and I agreed on a method of reaching an agreement to deal with the harmful interference under section 108(5)(c) of the Radiocommunications Act 1989, but no agreement was reached within 20 working days of the notice being properly given. |
| 9 | The chief executive of the Ministry of Economic Development has made the following directions under section 108(3) of the Radiocommunications Act 1989: [briefly describe the directions]. |
| 10 | My address for service is [specify address]. |
| * Delete if inapplicable | |
| Date: ........................... | |
| Signed by [name of claimant]: | |
| in the presence of: | |
| Witness: | |
| Occupation: .................... | |
| Address: .................... | |
| Note: This request must be accompanied by a copy of the notice given under section 108(1) of the Radiocommunications Act 1989 should be sent, as soon as practicable, to the respondent by the claimant. | |
Form 26 was inserted, as from 1 July 2003, by regulation 14(4) Radiocommunications Amendment Regulations 2003 (SR 2003/145).