Telecommunications (Residual Provisions) Act 1987

1: Short Title and commencement
1: This Act may be cited as the Telecommunications (Residual Provisions)
2: Except as provided in sections 2(3) 7(2) Section 1(1) amended 20 December 2001 section 159(4) Telecommunications Act 2001
1A: Act to bind Crown
This Act shall bind the Crown. Section 1A inserted 1 April 1989 Telecommunications Amendment Act 1988
1: Telecommunications
2: Interpretation
1: In this Part, unless the context otherwise requires,— call associated data
a: means dialling or signalling 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: without limiting the generality of paragraph (a)
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 call data warrant section 10B Corporation within the meaning of section 5 line network network operator section 2A telecommunication telephone analyser
a: that can be connected to any part of a network, or to any line, apparatus, or equipment connected to any part of a network; and
b: that is designed to record or enable the recording of call associated data, but cannot record or monitor, or enable the recording or monitoring of, the content of any telecommunication.
1A:
2:
3: Section 2(1) broadcasting repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) call associated data inserted 1 February 1998 section 2 Telecommunications Amendment Act 1997 Section 2(1) call data warrant inserted 1 February 1998 section 2 Telecommunications Amendment Act 1997 Section 2(1) content repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) Corporation substituted 28 March 1990 Telecommunications Amendment Act 1990 Section 2(1) Corporation amended 1 July 1994 section 5(2) Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) demarcation point repealed 1 April 1989 Telecommunications Amendment Act 1988 Section 2(1) existing works repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) fixed radio station repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) local authority repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) Minister repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) network amended 1 April 1989 Telecommunications Amendment Act 1988 Section 2(1) network operator substituted 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 2(1) PABX repealed 1 April 1989 Telecommunications Amendment Act 1988 Section 2(1) person repealed 1 April 1989 Telecommunications Amendment Act 1988 Section 2(1) price repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) radio apparatus repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) radio frequency repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) radiocommunication repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) registered operator repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) road repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) telecommunication link repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) telephone analyser inserted 1 February 1998 section 2 Telecommunications Amendment Act 1997 Section 2(1) telephone station repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1) telex station repealed 1 April 1989 Telecommunications Amendment Act 1988 Section 2(1) works repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(1A) repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(2) repealed 20 December 2001 section 159(2) Telecommunications Act 2001 Section 2(3) repealed 20 December 2001 section 159(2) Telecommunications Act 2001
2A: Declaration of person as network operator
Section 2A repealed 20 December 2001 section 159(1) Telecommunications Act 2001 Network Heading repealed 1 April 1989 section 159(1) Telecommunications Act 2001
3: Protection of network
Section 3 repealed 1 April 1989 Telecommunications Amendment Act 1988
4: Telecommunication links
Section 4 repealed 1 April 1989 Telecommunications Amendment Act 1988
5: Regulations
Section 5 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
5A: Offences in relation to regulations made under section 5
Section 5A repealed 20 December 2001 section 159(1) Telecommunications Act 2001
5B: Registered operators providing international telecommunication services
Section 5B repealed 20 December 2001 section 159(1) Telecommunications Act 2001
5C: Regulations
Section 5C repealed 20 December 2001 section 159(1) Telecommunications Act 2001
5D: Information to
chief executive of the Ministry of Economic Development Section 5D repealed 20 December 2001 section 159(1) Telecommunications Act 2001
5E: Offences
Section 5E repealed 20 December 2001 section 159(1) Telecommunications Act 2001
6: Interference with network
Section 6 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
7: Transitional provisions relating to customer equipment
Section 7 repealed 1 April 1989 Telecommunications Amendment Act 1988
8: Offensive language and disturbing use of telephone
Section 8 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
8A: Indecent or obscene telephone calls for pecuniary gain
Section 8A repealed 20 December 2001 section 159(1) Telecommunications Act 2001
9: Evidence
Section 9 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
10: Monitoring of telecommunications
Section 10 repealed 20 December 2001 section 159(1) Telecommunications Act 2001 Call data warrants Heading inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10A: Application for call data warrant
1: Any constable
2: Any constable Crimes Act 1961 Misuse of Drugs Amendment Act 1978
3: An application under this section must be made in writing and on oath. Section 10A substituted 27 September 2001 section 4 Telecommunications Amendment Act 2001 Section 10A(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10A(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
10B: Issue of call data warrant
1: On an application made under section 10A
a: that an offence punishable by imprisonment has been, or is being, or is likely to be committed; and
b: that evidence relevant to the investigation of the offence will be obtained—
i: by the use of a telephone analyser; or
ii: from call associated data provided by a network operator.
2: A
a: in respect of a person who is suspected of having committed, or of committing, or of being likely to commit, the offence to which the warrant relates; or
b: in respect of someone other than the suspected offender, in any case where obtaining call associated data in respect of that person may lead to the identification of the suspected offender.
3: A warrant issued under this section must comply with the requirements of section 10I Section 10B inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10B(1) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10B(2) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001
10C: Effect of warrant
1: A call data warrant authorises any constable
a: to connect a telephone analyser, or to have a telephone analyser connected, to any part of a network, or to any line, apparatus, or equipment connected to any part of a network, that is used, or (where applicable) is suspected of being used, by the person named in the warrant:
b: to monitor the telephone analyser, or to have the telephone analyser monitored:
c: to require the network operator whose network is subject to the warrant to supply, to a constable
2: Where subsection (1)(c) applies, and for as long as the warrant remains in force, the network operator must supply the call associated data—
a: at such intervals, or at such times; and
b: in such manner, or in such form, or both,— as the constable
3: Before requiring a network operator to supply call associated data under subsection (1)(c), the constable
4: Except as provided in section 10D Section 10C inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10C(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10C(1)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10C(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10C(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
10D: Network operator required to assist in execution of warrant
A network operator that owns or operates a network that is subject to a call data warrant must provide such assistance as is necessary to enable any person who is authorised by the warrant to connect a telephone analyser—
a: to locate the part of the network to which the analyser is to be connected (including, where necessary, any relevant line, apparatus, or equipment); and
b: to connect the analyser in accordance with the warrant. Section 10D inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10E: Failure to comply with call data warrant
Every network operator commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who,—
a: fails, without reasonable excuse, to comply with the requirements of section 10D
b: having been required under a call data warrant to supply call associated data,—
i: fails, without reasonable excuse, to comply with that requirement (including any requirement imposed under section 10C(2)
ii: knowingly supplies information that is false or misleading in purported compliance with that requirement. Section 10E inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10F: Telephone analysers must comply with technical requirements
1: A telephone analyser must not be connected under a call data warrant to any part of a network unless—
a: the analyser is approved (or is of a kind approved) for connection to that network by the network operator that owns or operates the network; and
b: the analyser is connected to the network in the manner (if any) approved by that network operator.
2: A network operator may—
a: refuse to approve a telephone analyser or a kind of telephone analyser for the purposes of subsection (1)(a); or
b: determine the manner in which telephone analysers are connected to the operator's network for the purposes of subsection (1)(b)— only if it is necessary, and only to the extent necessary, to prevent interference with or damage to the network. Section 10F inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10G: Existence of call data warrant not to be disclosed
1: A network operator whose network is, or has been, subject to a call data warrant must not disclose the existence or operation of the warrant to any person except—
a: the Commissioner of Police or a constable
b: the Comptroller of Customs or a Customs officer who is authorised by the Comptroller to receive the information; or
c: an employee or agent of the network operator, for the purpose of ensuring compliance with the warrant; or
d: a lawyer, for the purpose of obtaining legal advice or representation in relation to the warrant.
2: A person referred to in paragraph (a) or paragraph (b) of subsection (1) to whom disclosure of the existence or operation of a call data warrant has been made must not disclose the existence or operation of the warrant except to another person of the kind referred to in that subsection, for the purpose of the performance of the first-mentioned person's duties.
3: A person referred to in paragraph (c) of subsection (1) to whom disclosure of the existence or operation of a call data warrant has been made must not disclose the existence or operation of the warrant except to another person of the kind referred to in that subsection, for the purpose of ensuring that the warrant is complied with or obtaining legal advice or representation in relation to the warrant.
4: A person referred to in paragraph (d) of subsection (1) to whom disclosure of the existence or operation of a call data warrant has been made must not disclose the existence or operation of the warrant except to a person of the kind referred to in that subsection, for the purpose of giving legal advice or making representations in relation to the warrant.
5: Nothing in subsections (1) to (4) prevents the disclosure of the existence or operation of a call data warrant—
a: in connection with, or in the course of, proceedings before a court; or
b: under section 10R
c: by the Police or the New Zealand Customs Service, where disclosure is made in response to a request made under the Official Information Act 1982 Privacy Act 1993 1991 No 120 s 80 Section 10G inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10G(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
10H: Offences
1: Every person commits an offence who knowingly contravenes any of subsections (1) to (4) of section 10G
2: Every person who commits an offence against subsection (1) is liable on summary conviction,—
a: in the case of an individual, to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $5,000.
3: Every person commits an offence who discloses any information in contravention of any of subsections (1) to (4) of section 10G
a: knows that the person is not legally authorised to disclose the information; and
b: discloses the information either—
i: for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or
ii: with intent to prejudice any investigation into the commission or possible commission of any offence.
4: Every person who commits an offence against subsection (3) is liable on summary conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 1991 No 120 s 81 1996 No 9 s 22(5), (6) Section 10H inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10I: Form and content of warrant
1: A call data warrant must be in the prescribed form.
2: A call data warrant must be directed—
a: to constables
b: to Customs officers generally.
3: A call data warrant must contain the following particulars:
a: the offence or offences in respect of which the warrant is issued:
b: the kind of telecommunication in respect of which call associated data is authorised to be obtained:
c: the name and address of the person in respect of whom call associated data is authorised to be obtained:
d: if known, the telephone number to which the warrant relates:
e: if that telephone number is not known, the premises or place in respect of which a telephone analyser may be used, being premises or a place used or suspected of being used, by the person to whom the warrant relates, for the purposes of, or for any purpose relating to, an offence in respect of which the warrant is issued:
f: the period for which the warrant is to be in force. Section 10I inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10I(2)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
10J: Duration of warrant
Unless renewed under section 10K Section 10J inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10K: Renewal of warrant
1: Any constable
1A: The application must be made—
a: to a District Court Judge if the warrant was issued by a District Court Judge; and
b: to a Judge of the High Court if the warrant was issued by a Judge of the High Court.
2: An application for the renewal of a call data warrant must be in writing and on oath.
3: On an application made under this section, a section 10B(1)
4: A call data warrant may be renewed under this section for a period of not more than 30 days.
5: The period for which a call data warrant is renewed must be endorsed on the warrant, and (unless renewed again) the warrant expires at the end of that period.
6: A call data warrant may be renewed 1 or more times under this section. Section 10K inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10K(1) substituted 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10K(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10K(1A) inserted 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10K(3) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001
10L: Security of applications for warrants
1: As soon as a
2: Where this section applies, the Registrar of the relevant court
a: place the documents in a packet; and
b: seal the packet; and
c: keep the packet in safe custody, subject to sections 10M to 10Q 1961 No 43 s 312H(1) 1987 No 167 s 4 Section 10L inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10L(1) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10L(2) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001
10M: Restriction on production of documents relating to application
1: Regardless of any enactment or rule of law or any rules of court entitling any party to any proceedings to demand the production of any documents, no such party is entitled to demand the production of any documents held in safe custody under section 10L
2: Subsection (1) is subject to sections 10N to 10Q 1961 No 43 s 312H(2) 1987 No 167 s 4 Section 10M inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10N: Application for production of documents
1: Any party to any proceedings who requires the production of any document held in safe custody under section 10L section 10P
2: On receiving notification under subsection (1), the Registrar must, without delay, notify—
a: the senior constable Police employee
b: the senior Customs officer in the district, in any case where the document is or relates to an application for a call data warrant sought by a Customs officer.
3: If, within 3 days after notice is given under subsection (2), the officer to whom the notice is given notifies the Registrar in writing that the officer intends to oppose the production of the document, the Registrar must refer the application for production to a Judge of that court
4: Where the officer does not notify his or her opposition to the Registrar within the period specified in subsection (3), the Registrar must produce the document to the party applying for production. 1961 No 43 s 312H(3)–(5) 1987 No 167 s 4 Section 10N inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10N(2)(a) amended 1 October 2008 section 116(a)(iv) Policing Act 2008 Section 10N(2)(a) amended 1 October 2008 section 130(1) Policing Act 2008 Section 10N(3) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001
10O: Application referred to Judge
1: If, under section 10N(3)
2: Both the person applying for production of the document and the Police employee
3: If the
a: a person who gave information to the Police, or to the New Zealand Customs Service; or
b: any Police employee the Judge may, if the Judge believes it in the public interest to do so, order that the whole or any specified part of the document not be produced.
4: If the Judge does not make an order under subsection (3), the Judge must order the production of the document to the party requesting it. 1961 No 43 s 312H(6)–(8) 1987 No 167 s 4 Section 10O inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10O(1) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10O(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 10O(3) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10O(3)(b) amended 1 October 2008 section 130(1) Policing Act 2008
10P: Request for production made in course of proceedings
1: If—
a: a request for the production of any document kept in safe custody under section 10L
b: the request is opposed,— that Judge must adjudicate on the matter as if it had been referred under section 10N(3) section 10O
2: If—
a: a request for the production of any document kept in safe custody under section 10L
b: the request is opposed,— the presiding judicial officer must, without delay, refer the matter to a section 10O
3: The Judge to whom the judicial officer must refer a matter under subsection (2) is—
a: a District Court Judge if the document relates to a call data warrant that was issued by a District Court Judge; and
b: a Judge of the High Court if the document relates to a call data warrant that was issued by a Judge of the High Court. 1961 No 43 s 312H(9)–(10) 1987 No 167 s 4 Section 10P inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10P(1) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10P(2) amended 27 September 2001 section 6 Telecommunications Amendment Act 2001 Section 10P(3) added 27 September 2001 section 6 Telecommunications Amendment Act 2001
10Q: Judge entitled to inspect any relevant document
Regardless of anything in any of sections 10L to 10P 1961 No 43 s 312H(11) 1987 No 167 s 4 Section 10Q inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997
10R: Reports to Parliament on call data warrants
1: The Commissioner of Police must include in every annual report prepared by the Commissioner for the purposes of section 101
a: the number of applications made by constables
b: the number of applications made under section 10K constables
c: the number of applications referred to in each of paragraphs (a) and (b) that were granted, and the number that were refused:
d: the average duration of call data warrants (including renewals) issued to constables
2: The Comptroller of Customs must include in his or her annual report under section 43
a: the number of applications made by Customs officers for call data warrants:
b: the number of applications made under section 10K
c: the number of applications referred to in each of paragraphs (a) and (b) that were granted, and the number that were refused:
d: the average duration of call data warrants (including renewals) issued to Customs officers. Section 10R inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Section 10R(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 10R(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10R(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10R(1)(d) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 10R(2) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
10S: Regulations
The Governor-General may from time to time, by Order in Council, make regulations prescribing the form of call data warrants. Section 10S inserted 1 February 1998 section 4 Telecommunications Amendment Act 1997 Powers of network operators Heading repealed 20 December 2001 section 159(1) Telecommunications Act 2001
11: Rights of entry in respect of lines
Section 11 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
12: Rights of entry in respect of existing works and existing lines
Section 12 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
13: Removal of trees, etc
Section 13 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
14: Removal of trees, etc, in emergency
Section 14 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
15: Construction or repairing of lines on roads
Section 15 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
15A: Notice to be given before alteration to lines or works on road
Section 15A repealed 20 December 2001 section 159(1) Telecommunications Act 2001
15B: Offence for failure to comply with section 15 or section 15A
Section 15B repealed 20 December 2001 section 159(1) Telecommunications Act 2001
15C: Appeals in relation to conditions imposed
Section 15C repealed 20 December 2001 section 159(1) Telecommunications Act 2001
15D: Determination of appeals
Section 15D repealed 20 December 2001 section 159(1) Telecommunications Act 2001
16: Alteration to line on road
Section 16 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
17: Lines not to interfere with public traffic
Section 17 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
18: Telephone cabinets, etc
Section 18 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
19: Compensation for injurious affection
Section 19 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
20: Protection of existing works and lines
Section 20 repealed 20 December 2001 section 159(1) Telecommunications Act 2001
1A: Enforcement and remedies
Part 1A repealed 20 December 2001 section 159(1) Telecommunications Act 2001
20A: Jurisdiction of High Court
Section 20A repealed 20 December 2001 section 159(1) Telecommunications Act 2001
20B: Jurisdiction of District Courts
Section 20B repealed 20 December 2001 section 159(1) Telecommunications Act 2001
20C: Injunctions may be granted by court for contravention of section 6
Section 20C repealed 20 December 2001 section 159(1) Telecommunications Act 2001
20D: Actions for damages for contravention of section 6
Section 20D repealed 20 December 2001 section 159(1) Telecommunications Act 2001
2: Licensing and regulation of radio apparatus
Part 2 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
20E: Objects of this Part
Section 20E repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
21: Interpretation
Section 21 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
22: Part to bind Crown
Section 22 repealed 1 April 1989 Telecommunications Amendment Act 1988
23: Licensing of radio apparatus
Section 23 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
24: Licensing of supply of radio apparatus
Section 24 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
25: Radiocommunication within territorial limits
Section 25 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
26: Powers to obtain documents and radio apparatus
Section 26 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
27: Penalties
Section 27 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
28: Delegation of powers by Secretary
Section 28 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
29: Proceedings privileged
Section 29 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
30: Regulations
Section 30 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989
31: Repeal
Section 31 repealed 19 December 1989 section 139(1) Radiocommunications Act 1989