Hon Amy Adams
Government Bill
108—2
As reported from the Law and Order Committee
Commentary
Key
1 Title
2 Commencement
Part 1Preliminary 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 2Interception capability duties
Subpart 1—Duty 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 2—Reduced 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 3—Related 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 4—Exemptions
29 Exemption
30 Application for exemption
31 Effect of application for exemption or variation
32 Decision-making process
Application to Minister
32A Application to Minister
33 Minister may grant, vary, or revoke exemption
33A Effect of application for exemption or variation
33B Decision-making process
34 Regulations relating to class exemptions
Subpart 5—Ministerial directions
Minister may require service providers to have same obligations as network operators
35 Minister may require service providers to have same obligations as network operators
36 Review
37 Direction notice
38 Regulations relating to service providers
Ministerial direction relating to resold overseas telecommunications services
39 Ministerial direction relating to resold overseas telecommunications services
Subpart 6—Formatting
40 Notice relating to formatting
41 Effect of changes to material incorporated by reference
42 Formatting before commencement of this Act
Part 3Network security
43 Application of this Part
44 Definition of Minister
45 Network operators' duty to engage in good faith
Disclosure
46 Areas of specified security interest
47 Network operator must notify Director
48 Exemption from section 45(1) or 47
Process for preventing or mitigating network security risks
48A Consideration of network security risk by Director or Minister
49 Process for addressing network security risks
50 Assessment of response by network operator
51 Network operator must implement response
52 Director may refer matter to Minister
Ministerial direction
53 Failure to comply
54 Minister may make direction
54A Guidelines
Part 4Registration, enforcement, and miscellaneous provisions
Subpart 1—Registration
Network operators must register
55 Network operators must register
56 Application for registration
57 Registration information
Register
58 Register of network operators
59 Purpose of register
60 Contents of register
61 Operation of and access to register
62 Registrar must keep register secure
Changes to register
63 Network operators must notify Registrar of key changes
64 Annual update
65 Registrar may deregister person
66 Registrar may amend register
Subpart 2—Registrar and other designated officers
67 Appointment of designated officers
68 Appointment of Registrar
69 Power of designated officer to delegate
Subpart 3—Secret-level government-sponsored security clearance
70 Network operator must nominate employee to apply for clearance
71 Nominated person must apply
Subpart 4—General information-gathering powers
72 Designated officer may require information in order to assist surveillance agency
73 Director of Government Communications Security Bureau may require information
74 Time for compliance
75 Network operator must comply despite any other enactment or any breach of confidence, etc
76 Miscellaneous provisions
Subpart 5—Compliance testing
77 Designated officer may require compliance testing
78 Process for consulting on times
Subpart 6—Certification
79 Designated officer may require certification as to compliance
80 Due inquiry
81 Designated officer may give certificate to surveillance agency
Subpart 7—Enforcement
82 Interpretation
Breach notices and enforcement notices
83 Breach notice may be issued for minor non-compliance
84 Breach notice may request consent to enter and inspect in connection with duties under Part 2
85 Enforcement notice may be issued for serious non-compliance
86 Application for compliance order or pecuniary penalty order
Compliance orders
87 Power of High Court to order compliance
88 Right to be heard
89 Decision on application
90 Appeals to Court of Appeal
91 Effect of appeal
Pecuniary penalty orders
92 Pecuniary penalty for contravention of duties or compliance order
93 Amount of pecuniary penalty
94 Considerations for court in determining pecuniary penalty
Civil proceedings
95 Rules of civil procedure and civil standard of proof apply
Subpart 8—Protecting classified information
95A Application of subpart
96 Classified security information and other terms defined
96A Obligation to provide court with access to classified security information
96B Court orders
96C Appointment of special advocate
96D Nomination of person for appointment
96E Role of special advocates
96F Court may provide access to classified security information to special advocate
96G Communication between special advocate and other persons
96H Protection of special advocates from liability
97 Other matters relating to procedure in proceedings involving classified security information
97A Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc
98 Ancillary general practices and procedures to protect classified security information
Subpart 9—Miscellaneous provisions
Costs
99 Costs of interception capability on public telecommunications network or telecommunications service
100 Costs incurred in assisting surveillance agencies
101 Surveillance agency not required to pay costs
102 Dispute about costs must be referred to mediation or arbitration
Protection from liability
103 Protection from liability
Other miscellaneous provisions
104 Notices
105 Service of notices
106 Powers not limited
107 Repeal
108 Consequential amendments
108A Savings provision for exemptions
109 Transitional provision relating to network operators
110 Regulations
ScheduleConsequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: