Radiocommunications Act 1989

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Version as at 28 October 2021

Radiocommunications Act 1989

Public Act		1989 No 148
Date of assent		19 December 1989
Commencement		19 December 1989

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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

	Title
1	Short Title
2	Interpretation
3	Act to bind the Crown
	Part 1 Administration
4	Appointment of Registrar and Deputy Registrars
5	Register of Radio Frequencies
6	Form of register
6A	Documents to be received in evidence
7	Registrar to have and use seal of office [Repealed]
8	Sealed documents to be received in evidence [Repealed]
	Part 2 Radio frequencies registered under this Act
9	Applications to register radio frequencies
10	Registration of management rights for radio frequencies
11	Record of management rights
11A	Creation of successive records of management rights
11B	Variation of conditions in record of management rights
12	Part 13 to cease to apply to frequencies registered under this Act [Repealed]
	Part 3 Registration
13	When instruments deemed registered
14	Instruments to be in duplicate and witnessed [Repealed]
15	Priority according to time of registration
16	Application for registration
17	Registration procedure
18	Procedure in relation to defective applications for registration
19	Failure to comply with requisition
20	Fees in relation to defective applications
21	Copies of documents and requisitions
22	Returned instrument deemed not to have been presented for registration
23	Application for correction of register
24	Correction of register
24A	Duty to notify change of name or address
25	Registrar’s duties in relation to registration of spectrum licences
25A	Matters relevant to radio engineer’s certificate under section 25
26	Registration of spectrum licences and modifications where management rights mortgaged
27	Instruments not effectual until registered
28	Register to be open for search
29	Registrar to issue search copies
30	Certified copies of register to be evidence
31	High Court may investigate cases of lost instruments
32	Court may order registration of interest
33	Expiry of registration
	Part 4 Record of management rights
	Content of record of management rights
34	Content of record of management rights
	Power floors
34A	Power floors applying when radio frequencies registered under Act
34B	Modification of power floors
34C	Power floors applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)
	Management rights ceiling
34D	Ceiling for management rights
	Protection limits
35	Protection limit applying when radio frequencies registered under Act
36	Modification of protection limit
37	Protection limit applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)
	Adjacent frequencies emission limits
38	Restriction on registration of adjacent frequencies emission limits
39	Adjacent frequencies emission limits applying when radio frequencies registered under Act
40	Modification of adjacent frequencies emission limits
41	Adjacent frequencies emission limits applying after creation of records of management rights under section 45(1), 47(1), or 47B(1)
	Part 5 Transfers and aggregations of management rights
42	Transfer by manager
43	New record of management rights unnecessary if management rights in respect of all frequencies transferred
44	Record of management rights to be cancelled on transfer of part of range of frequencies
45	New records of management rights to be created for portion transferred and for balance
46	Aggregation of management rights with common boundary
47	New record of management rights to be created for all rights to which request under section 46 relates
47A	Aggregation of current and successive management rights
47B	New record of management rights to be created for all rights to which request under section 47A relates
	Part 6 Registration of rightholders
48	Creation of spectrum licence by manager
49	Contents of spectrum licence
50	Contents of licence to transmit unwanted emissions [Repealed]
51	Contents of licence conferring right to have no interference [Repealed]
52	Reference number of spectrum licence
53	Unwanted emission limits applying to licence [Repealed]
54	Modification of unwanted emission limits [Repealed]
54A	Modification of frequencies on a licence [Repealed]
55	Transmissions by persons with agreement of rightholder
55A	Transmissions in accordance with general user spectrum licences
56	Transfer of spectrum licence
57	Modification or cancellation of spectrum licence by rightholder alone
57A	Modification or cancellation of spectrum licence by manager alone
57B	Modification or cancellation of spectrum licence by rightholder and manager
57C	Modification of spectrum licence where 2 or more managers
57D	Registrar’s duties in relation to registration of modification or cancellation of spectrum licence
57E	Matters relevant to radio engineer’s certificate under section 57D
	Part 7 Guarantee of management rights to registered managers
	Guarantee of management rights
58	Guarantee of management rights
	Protection of purchasers
59	Purchasers from registered manager or rightholder not affected by notice
60	No liability on bona fide purchaser or mortgagee
	Compensation
61	Compensation for mistake or misfeasance of Registrar
62	Compensation for loss occurring after search and before registration
63	Notice of action to be served on Attorney-General and Registrar
64	Recovery of compensation paid and costs in case of fraud
65	Recovery of compensation paid where loss caused by solicitor’s negligence
	Part 8 General provisions
	Additional powers of Registrar
66	Registrar may require production of documents, etc
	Appeals
67	Appeals against decisions of Registrar
68	Procedure on appeals
69	Court may refer appeals back for reconsideration
	Offences
70	Fraudulently procuring registration
	Miscellaneous provisions
71	Registrar not bound to attend court or produce register without court order
72	Liability of officers
72A	Matters relevant to radio engineer’s certificate [Repealed]
	Part 9 Mortgages
73	Mortgage to take effect as security only
74	Forms of mortgage
75	Alteration of terms of mortgage by endorsement
76	Consent to variation of mortgage
77	Variation of priority of mortgages
78	Rights of mortgagee
79	Restriction on exercise of power of sale
80	Notice to subsequent mortgagee
81	Court may permit mortgagee to exercise power before period expired
82	Restriction on action to recover deficiency
83	No contracting out
84	Application of purchase money
85	Transfer by mortgagee
86	Discharge of mortgage
	Part 10 Acquisitions by operation of law, caveats
	Acquisitions by operation of law
87	Person claiming under operation of law may apply to have interest registered
88	Procedure on application
	Caveats
89	Caveat against dealing with radio frequencies
90	Service of notices as to caveats
91	Effect of caveat
92	Notice of caveat to be given to persons affected
93	Procedure for removal of caveat
94	Lapse of caveat against dealings
95	Person entering or maintaining caveat without due cause liable for damages
96	Caveat may be withdrawn
97	No second caveat may be entered
	Part 11 Rights and duties of managers and rightholders
98	Rights conferred by registration as manager
99	Rights conferred on rightholder by spectrum licence
100	Rights of holders of certain licences [Repealed]
101	Requirements to be complied with in exercise of rights
102	Compliance with unwanted emission limits
103	Transmission other than in accordance with spectrum licence
104	Transmission under radio licence not affected
	Part 12 Interference
	Interference to receivers
105	Interference to receivers
	Interference caused by lawful transmission and reception
106	Definitions for sections 108 to 109C
107	Sections 106 to 109C apply where transmissions not commenced
108	Notice of harmful interference
109	Reference to arbitration by Secretary
109A	Matters relevant to arbitration
109B	Offence to transmit in breach of Secretary’s direction
109C	Powers when deciding disputes
	Part 13 Radio licences
110	Part to apply to frequencies unless or until record of management rights registered and rights commence
111	Granting of radio licences
112	Secretary to have regard to Government policy
113	Offences
114	Presumptions
115	Radiocommunication within territorial limits
116	Regulations
	Part 14 Enforcement and remedies
	Civil proceedings
117	Actions for damages for contravention of section 103
118	Injunction may be granted for contravention of section 103
119	Injunction may be granted for failure to comply with section 107(3) [Repealed]
	Powers to obtain evidence
120	Powers to obtain evidence
121	Powers conferred by warrant [Repealed]
122	Person executing warrant to produce evidence of authority and identity [Repealed]
123	Schedule of evidence taken to be prepared [Repealed]
124	Duty to provide all reasonable facilities and assistance [Repealed]
125	Power to inspect and take copies of documents, etc [Repealed]
126	Offence [Repealed]
127	Proceedings privileged [Repealed]
	Penalties
128	Penalties
128A	Commission of infringement offence
128B	Infringement notices
129	Forfeiture
	Part 15 Miscellaneous provisions
	Approval of radio engineers
130	Approval of radio engineers
	Licensing of supply of radio apparatus
131	Licensing of supply of radio apparatus
132	Offence
	Reference standards
133	Secretary may issue reference standards
133A	Offence to disclose contents of radiocommunications
	Regulations
134	Regulations
134AA	Secretary may prescribe forms
134A	Regulations prohibiting unauthorised broadcasting from high seas
135	Regulations prescribing fees
	Recovery of fees
136	Recovery of fees
	Distress calls
137	Distress calls
	Application of Commerce Act 1986
138	Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies
	Repeals and consequential amendments
139	Repeals and consequential amendments
	Part 16 Transitional provisions
140	Licences granted under Part 2 of Telecommunications Act 1987
141	Regulations deemed to have been made under this Act
142	Saving for documents made or acts done under Part 2 of Telecommunications Act 1987
143	Forms approved by Secretary may be used where no form prescribed [Expired]
	Transitional rights in relation to Schedule 4 frequencies
144	Interpretation
145	Transitional rights in relation to frequencies in Schedule 4
146	Incumbents in relation to Schedule 4 frequencies
146A	Transfer of rights of incumbents in relation to television services
147	Broadcasting Tribunal to certify incumbents
148	Incumbent to give notice of intention to exercise transitional right
149	Payments for licences
150	Payment of annual levy
151	Lump sum payment
152	Return to accompany lump sum payment
153	Transferee liable for payments
	Transitional rights in relation to AMPS B Band
154	Interpretation
155	Transitional rights in relation to AMPS B Band
156	Incumbent to give notice of intention to exercise transitional right
157	Payments for management rights
158	Payment of annual levy
159	Lump sum payment
160	Return to accompany lump sum payment
161	Transferee liable for payments
	Transitional rights in relation to 2 frequency land mobile
162	Transitional rights in relation to frequencies in Schedule 6
163	Incumbent to give notice of intention to exercise transitional right
164	Payments for licences
165	Payment of annual fee
166	Lump sum payment
167	Transferee liable for payments
168	Payment for registration as manager
169	User of frequency entitled to be registered as manager
	Transitional rights in relation to Schedule 7 frequencies
170	Bodies specified in Schedule 7 entitled to licence
171	Continuation of advertising restrictions, etc
172	Amendment of advertising restrictions, etc
	Transitional rights of other licenceholders under Part 13
173	Transitional rights of other licenceholders under Part 13
	Special provisions relating to Radio New Zealand Limited
174	Radio New Zealand Limited entitled to certain frequencies
175	Conditions of licences relating to the FM Concert Programme and National Radio
176	Conditions to lapse if public funding ceases
177	Conditions of licences relating to AM Network
178	Conditions of licences relating to 2YB service
	Crown not entitled to transitional rights
179	Crown not entitled to transitional rights
	Conditions deemed to be incorporated in licences granted to TV3
180	Conditions deemed to be incorporated in licences granted to TV3
	Miscellaneous provisions
181	Priorities under Part 12 of licences granted to incumbents
182	Payments inclusive of goods and services tax
183	Recovery of payments
	Schedule 1 Requirements in relation to radio licences and spectrum licences
	Schedule 2 Enactments consequentially amended
	Schedule 3 Regulations deemed to have been made pursuant to this Act
	Schedule 4 Frequencies to which section 145 applies
	Schedule 5 AMPS B Band
	Schedule 6 2 frequency land mobile frequencies
	Schedule 7 Entitlements to specific licences
	Schedule 8 General provisions relating to material incorporated by reference in regulations
	Radiocommunications Amendment Act 2000
	Notes

An Act to provide for the management of the radio frequency spectrum

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Radiocommunications Act 1989

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