Telecommunications (Interception Capability) Act 2004

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Reprint as at 1 October 2012

Telecommunications (Interception Capability) Act 2004

Public Act2004 No 19
Date of assent5 April 2004
Commencementsee section 2


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


1 Title

Part 1
Preliminary provisions


2 Commencement

3 Interpretation

4 Act binds the Crown

Purpose and principles

5 Purpose

6 Principles

Part 2
Interception duties

Duty to have interception capability

7 Network operators must ensure public telecommunications networks and telecommunications services have interception capability

8 When duty to have interception capability is complied with

Limits on duty to have interception capability

9 Certain facilities excluded from scope of duty under section 7

10 Design of networks not affected by this Act


11 Minister may grant exemptions

12 Minister must consult responsible Ministers before granting exemption

Duty to assist

13 Duty to assist surveillance agencies

14 Duty to minimise impact of interception on third parties

Part 3
Miscellaneous provisions

Transitional provision

15 Network operators have lead-in time to attain interception capability

Allocation of costs relating to interception capability

16 Allocation of costs of interception capability on public switched telephone network or telecommunications service

17 Costs of interception capability on public data network

Costs relating to interceptions

18 Costs incurred in assisting surveillance agencies

Resolution of disputes about costs

19 Dispute about costs must be referred to mediation or arbitration

Protection from liability

20 Protection from liability

Compliance orders

21 Power of High Court to order compliance

22 Application for compliance order

23 Right to be heard

24 Decision on application

Appeals against making of compliance order

25 Appeals to Court of Appeal

26 Effect of appeal


27 Pecuniary penalty for contravention of compliance order


28 Regulations

Search and Surveillance Act 2012

Reprint notes