Pursuant to sections 115, 116, 134, and 135 of the Radiocommunications Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Radiocommunications Regulations 2001.
These regulations come into force on 12 October 2001.
Regulation 3 chief executive: amended, on 1 February 2015, by regulation 4(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Regulation 3 electronic payment: inserted, on 1 October 2017, by regulation 4(1) of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
Regulation 3 e.r.p.: revoked, on 1 July 2003, by regulation 3 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 3 manual payment: inserted, on 1 October 2017, by regulation 4(1) of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
Regulation 3 online service: revoked, on 1 October 2017, by regulation 4(2) of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
on any aircraft registered in New Zealand.
These regulations apply even though a licence, permit, or consent to install, operate, or use any apparatus may have been granted before the commencement of these regulations, or may be granted after the commencement of these regulations, in accordance with any other enactment.
Regulations 6 to 15H apply to the radio frequencies to which Part 13 of the Act applies.
a transmission by a person in accordance with a general user spectrum licence.
Regulation 6(1): amended, on 1 February 2008, by regulation 4(1) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
Regulation 6(2): amended, on 1 February 2008, by regulation 4(2) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
Any person desiring to obtain a radio licence or an exemption must make an application in writing in the form required by the chief executive.
An application for a point to multipoint radio licence may include an application for 1 or more point to multipoint radio licences.
Every application must be sent or delivered to the chief executive at the address specified by the chief executive for that purpose.
The chief executive may require the applicant to provide further information, or proof of information, to assist the chief executive in considering the application.
Regulation 7(2): substituted, on 1 July 2003, by regulation 4 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
The chief executive may, in respect of an application, grant a radio licence or decline to do so.
The chief executive may grant 1 or more radio licences in connection with an application under regulation 7(2) or decline to do so.
The chief executive may, at the chief executive's discretion, grant a radio licence without requiring that an application be made.
the class of radio licence, being a category and type of radiocommunication service.
Regulation 8(1): amended, on 1 July 2003, by regulation 5(1) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 8(1A): inserted, on 1 July 2003, by regulation 5(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 8(2): amended, on 1 July 2003, by regulation 5(1) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 8(3)(a): substituted, on 31 October 2006, by section 35 of the Radiocommunications Amendment Act 2006 (2006 No 54).
Regulation 8(3)(ba): inserted, on 1 February 2015, by regulation 5 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
The chief executive may, from time to time, grant a general user radio licence of a particular class, being a category and type of radiocommunication service.
The chief executive must make a copy of the radio licence available on an Internet site maintained by or on behalf of the chief executive.
The chief executive must publish a notice of the grant of the radio licence in the Gazette within 10 working days after the date of the grant.
the address of the Internet site on which the full general user radio licence is made available under subclause (2).
General user radio licences grant every person the right to transmit radio waves on any frequency specified in the licence.
Regulation 9: replaced, on 1 February 2015, by regulation 6 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
The chief executive may, either by notice in writing to the applicant or by notice in the Gazette, in respect of an application, grant an exemption from the requirement for a radio licence for the transmission of radio waves using certain radio apparatus if the chief executive is satisfied that a radio licence is not required for the efficient and effective management of the radio frequency spectrum, or decline to grant an exemption.
The chief executive may, at the chief executive's discretion, grant an exemption without requiring that an application be made.
Regulation 10(1): amended, on 1 July 2003, by regulation 6 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 10(2): amended, on 1 July 2003, by regulation 6 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
the expiry date (if any) specified in the licence.
Regulation 11: replaced, on 1 February 2015, by regulation 7 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
any general policy of the Government made in accordance with section 112 of the Act.
For the purpose of assisting the chief executive to take into account the matter referred to in subclause (1)(b), the applicant for a radio licence must, when applying for that licence, supply a certificate from an authorised person referred to in regulation 46(ba) or (bb).
The certificate referred to in subclause (2) must certify that, in the opinion of the authorised person, the radiocommunication service for which the radio licence is required is technically compatible with existing radio licences and spectrum licences.
Regulation 12(2): substituted, on 1 February 2008, by regulation 5(1) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
Regulation 12(3): added, on 1 July 2005, by regulation 3 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).
Regulation 12(3): amended, on 1 February 2008, by regulation 5(2) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
A licensee under a radio licence may enter into agreements with other persons who wish to communicate on the frequency or frequencies or frequency band or frequency bands specified in the licence.
Every agreement is deemed to include a condition that the user or users of the frequency or frequencies or frequency band or frequency bands will comply with all terms, conditions, and restrictions that apply to the radio licence as though the user or users were the licensee.
Every person who engages in radiocommunications under, and in conformity with, any agreement under this provision is deemed to be doing so under a radio licence.
Every radio licence, general user radio licence, and exemption is subject to the terms, conditions, and restrictions specified in Schedule 1 of the Act.
Every radio licence, general user radio licence, and exemption is subject to the terms, conditions, and restrictions specified in Schedule 1, unless the licence or exemption provides otherwise.
if the licence provides that the licence may be transferred.
The chief executive may include in any radio licence, general user radio licence, or exemption any additional terms, conditions, and restrictions (which must not be inconsistent with Schedule 1 or any other provision of these regulations) that the chief executive thinks fit.
Regulation 14(3)(a): amended, on 1 February 2008, by regulation 6 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
Regulation 14(4): amended, on 1 February 2015, by regulation 8 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
The chief executive may suspend or revoke a general user radio licence by notice in the Gazette.
No notice of revocation under subclause (1) may have an effective date preceding the date of notification.
Regulation 15: substituted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
The chief executive may transfer, suspend, or revoke an exemption by notice in writing to the holder of that exemption.
Regulation 15A: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
The chief executive may, with immediate effect, revoke a radio licence on any of the grounds set out in subclause (2) by notice in writing to the licensee.
to enable New Zealand to comply with an international agreement.
Regulation 15B: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
any special circumstances justifying the continuation of the licence.
For the purpose of determining whether a licence is not in sufficient use, the chief executive may request the licensee to make declarations relating to 1 or more of the matters referred to in subclause (1)(a) to (h).
The licensee must provide declarations in response to a request under subclause (2) within 20 working days.
The chief executive may request further information or declarations from the licensee, and, if so, the licensee must provide the information or declarations within 20 working days.
A licensee's failure to provide information or declarations in accordance with subclause (2), (3), or (4) must be treated as meaning that the licence is not in sufficient use.
Regulation 15C: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
notice in writing that the licence is revoked on a date specified in that programme.
after the licence is revoked.
The chief executive must consult with the licensee before revoking a licence under subclause (1)(b).
This regulation does not limit regulation 15B.
Regulation 15D: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
The chief executive must consult with the licensee before revoking a licence under subclause (1).
Regulation 15E: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
If the chief executive suspects, on reasonable grounds, that there may be a ground to revoke a radio licence under regulation 15B, the chief executive may suspend the licence for as long as is reasonably necessary to determine whether a ground exists.
may continue the suspension until satisfied that there is no longer a ground to revoke the licence.
If the chief executive determines that there is no ground to revoke a suspended licence, the chief executive must (unless there is some other ground to suspend or revoke the licence) notify the licensee that the radio licence is no longer suspended with effect from the date of the notification.
Regulation 15F: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
with the consent of the licensee.
Regulation 15G: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
A licensee may surrender a radio licence.
The surrender must be in writing and takes effect from the date of surrender.
When the chief executive receives the surrender, the chief executive must revoke the licence.
Regulation 15H: inserted, on 1 February 2008, by regulation 7 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
Heading: inserted, on 1 February 2015, by regulation 9 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Every spectrum licence granted under section 48(1)(a) or (b) of the Act must specify the location, locations, area, or areas where transmissions are authorised under the licence.
Regulation 15I: inserted, on 1 February 2015, by regulation 9 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
The supply of radio transmitters is prohibited, except under a licence to supply radio transmitters.
Any person desiring to obtain a licence to supply radio transmitters must make an application in writing in the form required by the chief executive.
Regulation 17(2): revoked, on 1 July 2003, by regulation 7 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
The chief executive may, in respect of an application, grant a licence to supply radio transmitters, or decline to do so.
The chief executive may, at the chief executive's discretion, grant a licence to supply radio transmitters without requiring that an application be made.
Regulation 18(1): amended, on 1 July 2003, by regulation 8 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 18(2): amended, on 1 July 2003, by regulation 8 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Regulation 18(3): revoked, on 1 February 2015, by regulation 10 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Every licence to supply radio transmitters is subject to any terms, conditions, and restrictions that the chief executive thinks fit.
Regulation 19(2): revoked, on 1 February 2015, by regulation 11 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Every licence to supply radio transmitters is valid until the licence is revoked.
The chief executive may, at any time, transfer, suspend, or revoke a licence to supply radio transmitters, either by notice in writing to the licensee or by notice in the Gazette.
If the licensee under a licence to supply radio transmitters requests, at any time, by notice in writing to the chief executive, that the licence be revoked, the chief executive must revoke the licence by notice in writing to the licensee.
No notice of revocation may have an effective date preceding the date of notification.
This regulation applies if a certificate of competency is required as a condition to transmit radio waves under a radio licence.
The operation of a radio transmitter to enable the transmission of radio waves by a person who is not the holder of a certificate of competency is prohibited.
Every person who engages in conduct prohibited by subclause (2) commits an offence.
The chief executive may, by notice in writing to a person, appoint the person to act on the chief executive's behalf in relation to the issue of certificates of competency under regulation 24 if the person is authorised to conduct examinations under regulation 28(3).
may be revoked at will by notice in writing to the appointee.
is affected by any change in the person holding office as the chief executive.
Regulation 22A: inserted, on 17 June 2004, by regulation 4 of the Radiocommunications Amendment Act 2004 (SR 2004/126).
Any person desiring to obtain a certificate of competency must make an application in writing in the form required by the chief executive.
the chief executive at the address specified by the chief executive for that purpose.
A person referred to in subclause (3)(a) or (b) may require the applicant to provide further information, or proof of information, to assist the person in considering the application.
Regulation 23(2): revoked, on 1 July 2005, by regulation 4 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).
Regulation 23(3): substituted, on 17 June 2004, by regulation 5 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
Regulation 23(4): substituted, on 17 June 2004, by regulation 5 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
decline to issue a certificate of competency.
The classes of certificates of competency are prescribed in Schedule 3.
The chief executive may, at the chief executive's discretion, issue a certificate of competency without requiring that an application be made.
Regulation 24(1): substituted, on 17 June 2004, by regulation 6 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
Regulation 24(1): amended, on 1 July 2005, by regulation 5 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).
Every certificate of competency may be in the form and subject to any terms, conditions, and restrictions that the chief executive thinks fit.
Every certificate of competency is valid until the certificate is revoked by the chief executive.
Regulation 26: amended, on 17 June 2004, by regulation 7 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
The chief executive may, at any time, suspend or revoke any certificate of competency, either by notice in writing to the holder or by notice in the Gazette.
If the holder of a certificate of competency requests, at any time, by notice in writing to the chief executive, that the certificate be revoked, the chief executive must revoke the certificate by notice in writing to the holder of the certificate.
The examinations prescribed for the classes of certificate of competency are set out in Schedule 4.
The chief executive may, at the chief executive's discretion, vary the manner in which the examination is carried out.
The chief executive may, at the chief executive's discretion, authorise persons to conduct the examinations.
The chief executive may require any holder of a certificate of competency to submit himself or herself for re-examination in any or all of the subjects required for examination for the class of certificate concerned.
If any person fails to submit himself or herself for re-examination when required by the chief executive, or fails to complete successfully the re-examination, the chief executive may, at the chief executive's discretion, revoke the certificate issued to that person, or may suspend that certificate for any period that the chief executive determines.
The chief executive may, at the chief executive's discretion, approve a recount of the marks awarded to a candidate for any written examination.
Regulation 30(2): revoked, on 1 July 2003, by regulation 10 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
The chief executive may, at the chief executive's discretion, recognise as the equivalent of any certificate of competency any certificate of a similar class issued in another country in accordance with the laws of that country.
prescribe, for the purposes of regulation 35, minimum field strengths that apply to radiocommunication reception.
Nothing in these regulations exempts any person from the requirement to transmit radio waves only under, and in conformity with, a radio licence, a general user radio licence, an exemption, or a spectrum licence registered in accordance with Part 3 of the Act.
Nothing in these regulations applies to the installation, use, or manufacture of interfering equipment or susceptible equipment for the purpose of testing that equipment for compliance with the requirements of these regulations.
Regulation 32(1)(c): amended, on 1 February 2015, by regulation 12(1) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Regulation 32(1)(i): replaced, on 1 February 2015, by regulation 12(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
The chief executive may, either by notice in the Gazette or by notice in writing to a person who has made a declaration of conformity, impose any additional conditions that the chief executive sees fit on the installation, use, sale, distribution, manufacture, or importation of interfering equipment or susceptible equipment.
Regulation 33: amended, on 1 February 2015, by regulation 13 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
any additional conditions imposed under regulation 33 are being complied with.
Regulation 34: replaced, on 1 February 2015, by regulation 14 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
If the chief executive is satisfied that a minimum field strength, as prescribed by a notice in the Gazette, is present at the location of a radiocommunication receiver that is suffering harmful interference from interfering equipment, the chief executive may, by notice in writing to the person operating the interfering equipment, require that person to cease operating the equipment or to modify the operation of the equipment.
no minimum field strength has been prescribed under subclause (1) because it is not possible to determine a suitable minimum field strength.
Regulation 35(2): inserted, on 1 February 2015, by regulation 15 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
refund the price paid for the equipment to any person to whom the equipment was sold.
Regulation 36: amended, on 1 February 2015, by regulation 16 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
uses interfering equipment, being a radio transmitter, otherwise than in accordance with a radio licence, a general user radio licence, an exemption, or a spectrum licence registered in accordance with Part 3 of the Act.
For the purposes of section 128B of the Act, every infringement notice must be in the form prescribed in Part 1 of Schedule 5.
The infringement fees for the infringement offences are set out in Part 2 of Schedule 5.
Regulation 37(1)(a): amended, on 1 February 2015, by regulation 17(1) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Regulation 37(1)(d): replaced, on 1 February 2015, by regulation 17(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Regulation 37(1)(e): replaced, on 1 February 2015, by regulation 17(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Regulation 37(1)(ea): inserted, on 1 February 2015, by regulation 17(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
annually, within the period of 1 month immediately before each anniversary of the commencement date of the licence.
The chief executive may waive a fee payable under subclause (1) in proportion to the period that the licence is current (rounded up to the nearest month) if the licence expires or is revoked earlier than 12 months after the date by which the fee must be paid.
Regulation 38: substituted, on 1 July 2005, by regulation 6 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).
Regulation 38(1): amended, on 1 October 2017, by regulation 5 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
are deemed, under section 59 of the Radiocommunications Amendment Act 2000, to be spectrum licences.
The chief executive may waive a fee payable under subclause (2) in proportion to the period that the licence is current (rounded up to the nearest month) if the licence expires or is cancelled earlier than 12 months after the date by which the fee must be paid.
Regulation 39: substituted, on 1 July 2005, by regulation 6 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).
Regulation 39(2): amended, on 1 October 2017, by regulation 6 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
Regulation 40: revoked, on 1 July 2005, by regulation 6 of the Radiocommunications Amendment Regulations 2005 (SR 2005/171).
Regulation 41: revoked, on 1 July 2003, by regulation 11 of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Any fees payable that are not paid constitute a debt to the Crown until paid in full, and may be recovered from the person liable at the suit of the chief executive or the Registrar in any court of competent jurisdiction.
The chief executive or the Registrar may enter into agreements or arrangements with any person to collect or assist in collecting any fees payable on any terms and conditions that the chief executive or the Registrar thinks fit.
Regulation 43: amended, on 1 October 2017, by regulation 7 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
an agreement exists between New Zealand and any other country or organisation that provides that no fees are payable.
The chief executive may waive, in whole or in part, the payment of any fee payable for a radio licence if, in order to make available for a different use any frequency or frequencies or frequency band or frequency bands specified in a licence, the chief executive grants a new radio licence that specifies a different frequency or different frequencies or a different frequency band or different frequency bands.
The chief executive may waive, in whole or in part, the payment of any fee for a radio licence or spectrum licence if the service to which the fee relates is in response to a state of emergency declared under the Civil Defence Emergency Management Act 2002.
Regulation 44(3): inserted, on 1 February 2015, by regulation 18 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
If a person pays 1 or more annual administration fees by manual payment, the person must pay a manual payment fee in addition to the annual administration fees.
The manual payment fee is $25 (inclusive of GST) per transaction, regardless of the number of annual administration fees the person pays in a transaction.
Regulation 44AA: inserted, on 1 October 2017, by regulation 8 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
Regulation 44A: revoked, on 1 October 2017, by regulation 9 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
Regulation 44B: revoked, on 1 October 2017, by regulation 9 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
Regulation 44C: revoked, on 1 October 2017, by regulation 9 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
For the purposes of section 28(2)(c) of the Act, the search references set out in subclause (2) are additional to those specified under section 28(2)(a) and (b) of the Act.
an approved radio engineer who is authorised by the chief executive to search any protected record on the Register for the purpose of providing a certificate under section 25 or section 57D of the Act.
Regulation 46(ba): inserted, on 17 June 2004, by regulation 8 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
Regulation 46(ba): amended, on 1 February 2008, by regulation 12(1) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
Regulation 46(bb): inserted, on 17 June 2004, by regulation 8 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
Regulation 46(bb): amended, on 1 February 2008, by regulation 12(2) of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
For the purposes of the Act, an inappropriate receiver is declared to be an apparatus that is intended to receive VHF–FM sound broadcasting transmissions and that was not originally manufactured to receive sound broadcasting transmissions on all frequencies in the range of frequencies beginning at 87.5 MHz and ending at 108 MHz, whether or not the apparatus is used in conjunction with another associated apparatus, positioned between the receiver and the antenna, that is intended to allow the reception of sound broadcasting transmissions on all frequencies in that range.
Regulation 46A: inserted, on 1 February 2008, by regulation 13 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
For the purposes of section 133A(2)(b) of the Act, employees or agents of the Department of Corrections are another class of law enforcement official.
Regulation 46B: inserted, on 1 February 2008, by regulation 13 of the Radiocommunications Amendment Regulations 2007 (SR 2007/366).
The forms set out in Schedule 7 are the forms to be used for the matters under the Act to which those forms relate.
any instructions given to the operator of the radio transmitter by the chief executive.
Every person who operates any radio transmitter in contravention of subclause (1) commits an offence and is liable on conviction to a fine not exceeding $20,000.
Regulation 48(1)(a): replaced, on 1 February 2015, by regulation 21 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Regulation 48(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Radiocommunications (Radio) Regulations 1993 (SR 1993/340).
continues in force until revoked in accordance with these regulations.
the frequencies in the exemption used to describe the radio apparatus are the frequencies on which the transmission of radio waves are authorised by the exemption.
Subclause (2) does not apply to exemptions granted under the Exemptions of Radio Apparatus from Licensing Notice 1992, published in the Gazette on 20 February 1992, at pages 403 to 405.
If an exemption to which subclause (2) applies does not describe the exemption by referring to radio frequencies, the holder of the exemption must apply to the chief executive to amend the exemption, and the chief executive must amend the exemption to include the frequencies upon which transmissions may be made in accordance with the exemption.
Every exemption that is deemed by subclause (2) to be an exemption from the requirement for a radio licence continues in force until revoked in accordance with these regulations.
Subject to this regulation, the licences, exemptions, or certificates that are deemed to have been granted under these regulations by this regulation are subject to all the terms, conditions, and restrictions to which they were subject immediately before the coming into force of these regulations.
The chief executive may, by notice in writing to the licensee, the holder of the exemption, or the holder of the certificate, amend the terms, conditions, or restrictions that apply to the licence, exemption, or certificate.
Any radio transmitter operating under a radio licence or an exemption must comply with the requirements of the International Radio Regulations (to the extent that they reasonably apply to the category of service specified on the radio licence or exemption), and with any technical specifications or standards that are specified on the radio licence or exemption, or that may be notified from time to time by the chief executive by notice in the Gazette.
The operation of any radio transmitter operating under a radio licence or exemption must comply with the requirements of the International Radio Regulations to the extent that they reasonably apply to the category of radiocommunication service specified on the radio licence or exemption.
Observance of all terms, conditions, and restrictions relating to a radio licence or exemption by any person authorised to operate a radio transmitter under a radio licence or exemption remains the personal responsibility of the holder of the radio licence or exemption, as the case may be.
If a radio licence applies specifically to a radio transmitter at a particular address, the licensee must, within 7 days of removing the radio transmitter from the address, notify the chief executive of the removal.
The holder of a radio licence or an exemption must comply with any directions given by the chief executive, or by any person authorised by the chief executive to give directions on the chief executive's behalf, for the use of the radio transmitter operating under the radio licence or exemption.
No radio licence or exemption confers upon the holder of the radio licence or exemption a monopoly on the use of any frequency or frequencies or frequency band or frequency bands specified on the radio licence or exemption.
If a radio licence specifies that the operator of any radio transmitter operating under the radio licence must be the holder of a certificate of competency of the class specified on the radio licence, the radio transmitter must not be operated by any person who is not the holder of a certificate of competency of the required class or of a certificate recognised by the chief executive.
a temporary callsign that the operator is authorised to use in accordance with subclause (2).
The chief executive may, by notice in the Gazette, authorise a person or a class of persons to use a temporary callsign for the period, and in accordance with the terms and conditions, specified in the notice.
Schedule 1 clause 8: substituted, on 17 June 2004, by regulation 9 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
Schedule 1 clause 9: revoked, on 1 February 2015, by regulation 22 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
If an authorised officer is of the opinion that a contravention of the Act or these regulations has taken place and requires that a radio transmitter cease operating, the licensee under the relevant radio licence must comply with the requirement.
Schedule 2: revoked, on 1 February 2015, by regulation 23 of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
classes of certificates prescribed in the International Radio Regulations.
Schedule 3 paragraph (a): revoked, on 1 February 2015, by regulation 24(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 3 paragraph (b): revoked, on 1 February 2015, by regulation 24(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 3 paragraph (c): revoked, on 1 February 2015, by regulation 24(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 3 paragraph (da): inserted, on 1 February 2015, by regulation 24(3) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 3 paragraph (e): revoked, on 17 June 2004, by regulation 10 of the Radiocommunications Amendment Act 2004 (SR 2004/126).
Schedule 3 paragraph (f): amended, on 1 February 2015, by regulation 24(4) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 4 clause 1: revoked, on 1 February 2015, by regulation 25(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 4 clause 2: revoked, on 1 February 2015, by regulation 25(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 4 clause 3: revoked, on 1 February 2015, by regulation 25(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
an examination of the kind described in subclause (3) that is recognised for the purpose by the chief executive.
avoidance and resolution of radio frequency interference.
An examination of the kind referred to in subclause (1)(b) must meet the requirements for a Harmonised Amateur Radio Examination Certificate that are prescribed in Annex 6 to the European Conference of Postal and Telecommunications Administrations (CEPT) Recommendation T/R 61-02 revised in Vilnius on 12 February 2004.
Schedule 4 clause 4: replaced, on 1 February 2015, by regulation 25(3) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
the purpose and basic operation of Emergency Position Indicating Radio Beacons (EPIRBs).
Schedule 4 clause 4A: inserted, on 1 February 2015, by regulation 25(3) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 4 clause 5: revoked, on 17 June 2004, by regulation 11 of the Radiocommunications Amendment Regulations 2004 (SR 2004/126).
The examinations for other classes of certificate prescribed in the International Radio Regulations will be as prescribed in the International Radio Regulations.
The infringement fee is payable to the chief executive of the Ministry of Business, Innovation, and Employment within 28 days after [date notice served].
The infringement fee may be paid to the chief executive of the Ministry of Business, Innovation, and Employment at [address].
Payments by cheque or money order should be crossed "a/c payee" .
Important Please read summary of rights printed overleaf.
If, after reading these notes, you do not understand anything in the notes, you should consult a lawyer immediately.
This notice sets out an alleged infringement offence.
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 4(b), 4(c), 5, 6, and 7 in these notes do not apply, and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.
If you pay the infringement fee within 28 days of the issue of this notice, no further action will be taken. Payments may be made at the place indicated on the front page of this notice.
You have a complete defence against proceedings if the infringement fee has been paid to the Ministry of Business, Innovation, and Employment at the place for payment shown on the front page of this notice before or within 28 days after you have been served with a reminder notice.
Late payment or payment at any other place will not be a defence.
you should write to the Ministry of Business, Innovation, and Employment at the address shown on the front page of this notice. Any such letter must be personally signed.
You have a right to request a hearing. If you deny liability for the offence and request a hearing, the Ministry of Business, Innovation, and Employment will serve you with a notice of hearing that sets out the place and time at which the matter will be heard by the court (unless it decides not to start court proceedings).
If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.
be delivered before, or within 28 days after, service on you of a reminder notice.
set out the written submissions you wish to be considered by the court.
The Ministry of Business, Innovation, and Employment will then file your letter with the court (unless it decides not to commence court proceedings). There is no provision for an oral hearing before the court if you follow this course of action.
Costs will be imposed in addition to any penalty.
If you do not pay the infringement fee and do not request a hearing within 28 days after the issue of this notice, you will be served with a reminder notice (unless the Ministry of Business, Innovation, and Employment decides otherwise).
If you do not pay the infringement fee and do not request a hearing within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the Ministry of Business, Innovation, and Employment decides not to commence proceedings against you).
All queries and all correspondence regarding this infringement must be directed to the Ministry of Business, Innovation, and Employment at the address shown on the front page of this notice.
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Schedule 5 Part 1 form: amended, on 1 February 2015, by regulation 26(1) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 5 Part 1 form: amended, on 10 October 2006, by regulation 4(a) of the Radiocommunications Amendment Regulations 2006 (SR 2006/271).
Schedule 5 Part 1 form: amended, on 10 October 2006, by regulation 4(b) of the Radiocommunications Amendment Regulations 2006 (SR 2006/271).
Schedule 5 Part 2: replaced, on 1 February 2015, by regulation 26(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 6: replaced, on 1 October 2017, by regulation 10 of the Radiocommunications Amendment Regulations 2017 (LI 2017/120).
I, [full name], chief executive of the Ministry of Business, Innovation, and Employment, 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 Business, Innovation, and Employment.
. dBW at . MHz to . dBW at . MHz.
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.
The conditions that apply to licences created in relation to the record of management rights are [specify the conditions].
The commencement date of the record of management rights is [specify date].
The expiry date of the record of management rights is [specify date].
Note: This application must be signed in duplicate.
Schedule 7 form 1: amended, on 1 February 2015, by regulation 27(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 1: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
the part of the range of frequencies that are specified in the Schedule.
Frequencies in respect of which management rights are transferred: [specify range of frequencies].
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.
Schedule 7 form 2: amended, on 1 February 2015, by regulation 27(3) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 2: amended, on 1 July 2005, by regulation 9(1) of the Radiocommunications Amendment Regulations 2005 (2005 No 171).
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.
Schedule 7 form 3: amended, on 1 February 2015, by regulation 27(4) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 3: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
We, [full name], chief executive of the Ministry of Business, Innovation, and Employment, 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.
The date from which the modified power floor level will apply is [specify date].
Schedule 7 form 4: amended, on 1 February 2015, by regulation 27(5) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 4: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
We, [full name], chief executive of the Ministry of Business, Innovation, and Employment, 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.
The date from which the modified protection limit will apply is [specify date].
Schedule 7 form 5: amended, on 1 February 2015, by regulation 27(5) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 5: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
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.
The record of management rights to which the modified adjacent frequencies emission limits are to apply is [specify reference number].
The record of management rights of the adjacent manager is [specify reference number].
The date from which modified adjacent frequencies emission limits will apply is [specify date].
Schedule 7 form 6: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
*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).
*the right to transmit radio waves on the frequencies specified in clause 3 of the Schedule (Type B licence).
*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).
The terms and conditions of the licence are set out in the Schedule.
The commencement date of this licence is [specify date].
The expiry date of this licence is [specify date].
the frequency band is [specify the lower boundary frequency and the upper boundary frequency in MHz].
over . degrees up to . degrees: . dBW.
the antenna height [if at a fixed location] is [specify in metres above ground level].
the maximum permitted interfering signal or signals that apply to the protection location or locations or the protection area are [specify in dBuV/m] [specify the reference bandwidth* on which the signals are based if the reference bandwidth is not the bandwidth specified in paragraph 5(b)].
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.
The conditions applying to the exercise of the rightholder's rights under this licence are [specify conditions].
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.
Schedule 7 form 7: amended, on 1 February 2015, by regulation 27(6) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 7: amended, on 1 July 2005, by regulation 9(1) of the Radiocommunications Amendment Regulations 2005 (2005 No 171).
*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.
*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.
*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.
*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.
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)].
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 signed in duplicate.
Schedule 7 form 8: amended, on 31 August 2012, by section 7(2) of the Radiocommunications Amendment Act 2012 (2012 No 65).
Schedule 7 form 8: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
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].
This notice must be accompanied by a consent from all relevant managers if section 56(2) or (3) of the Radiocommunications Act 1989 applies.
Schedule 7 form 9: amended, on 1 February 2015, by regulation 27(7) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 9: amended, on 1 July 2003, by regulation 14(3) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
*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.
*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.
*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.
The date from which the cancellation will apply is [specify date].
Schedule 7 form 10: amended, on 31 August 2012, by section 7(3) of the Radiocommunications Amendment Act 2012 (2012 No 65).
Schedule 7 form 10: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Mortgage number: [specify reference number].
mortgagee: [specify full name, address, and occupation].
Interest mortgaged: [specify the interest to be mortgaged, ie, record of management rights number (specify reference number) or spectrum licence number (specify reference number)].
Date of advance: [specify date].
Interest rate: [specify agreed rate].
How interest is to be paid: [specify whether yearly, monthly, or otherwise as the case may be].
How and when principal sum will be repaid: [specify date and mode of payment agreed upon].
Other terms of the mortgage: [specify any special covenants or conditions].
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.
Note: This memorandum must be signed in duplicate.
Schedule 7 form 11: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
*Record of management rights number: [specify reference number].
*Spectrum licence number: [specify reference number].
Mortgagor: [specify full name and address].
Mortgagee: [specify full name and address].
is *increased [or] *reduced to $[specify amount], from the date of this memorandum.
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.
Schedule 7 form 12: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
is *increased [or] *reduced to [specify new rate] per annum from the date of this memorandum.
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.
Schedule 7 form 13: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
is *renewed [or] *shortened [or] *extended to: [specify date].
Schedule 7 form 14: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
are varied from the date of this memorandum as follows: [specify variations].
Schedule 7 form 15: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
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.
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.
Schedule 7 form 16: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Mortgage number: [specify mortgage number].
To [full name and last-known residential or business address of mortgagor].
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].
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].
by [specify what action is required to remedy each default].
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].
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].
Schedule 7 form 18: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
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].
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].
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.
Schedule 7 form 19: amended, on 1 July 2005, by regulation 9(2) of the Radiocommunications Amendment Regulations 2005 (2005 No 171).
by virtue of *an unregistered agreement [or] an instrument [or] *an express or implied trust [or as the case may be].
the management rights for the radio frequencies relating to record of management rights number [specify reference number].
spectrum licence number [specify reference number].
*charging, modifying, or transferring the management rights relating to this caveat, or creating any licence under those management rights.
*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.
Note: This caveat must be signed in duplicate.
Schedule 7 form 20: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Caveat number: [specify reference number].
*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].
Note: This withdrawal of caveat must be signed in duplicate.
Schedule 7 form 21: amended, on 1 July 2003, by regulation 14(2) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
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].
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.
Schedule 7 form 22: amended, on 1 July 2005, by regulation 9(3) of the Radiocommunications Amendment Regulations 2005 (2005 No 17).
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.
Record of management rights number: [specify reference number].
Transferee: [specify full name and address of transferee].
*the grant of the spectrum licence *attached [or] *as specified in the Schedule.
*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.
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)].
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].
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 Business, Innovation, and Employment refer the matter described below to arbitration under section 109 of that Act.
The respondent's name is [specify full name of respondent].
The respondent is the rightholder for spectrum licence number [specify reference number] (or the holder of radio licence number [specify reference number]).
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.
The action specified in the notice has not been taken within 10 working days of the notice being properly given.
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.
I continue to believe that the action that is specified in the notice is justified.
The matters that the chief executive of the Ministry of Business, Innovation, and Employment 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 Business, Innovation, and Employment 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].
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.
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.
The chief executive of the Ministry of Business, Innovation, and Employment has made the following directions under section 108(3) of the Radiocommunications Act 1989: [briefly describe the directions].
My address for service is [specify address].
Note: This request must be accompanied by a copy of the notice given under section 108(1) of the Radiocommunications Act 1989. This request (together with any supporting documentation) should be sent, as soon as practicable, to the respondent by the claimant.
Schedule 7 form 26: amended, on 1 February 2015, by regulation 27(8) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).
Schedule 7 form 26: added, on 1 July 2003, by regulation 14(4) of the Radiocommunications Amendment Regulations 2003 (SR 2003/145).
Date of notification in Gazette: 13 September 2001.
These regulations are the Radiocommunications Amendment Regulations 2003.
In these regulations, the Radiocommunications Regulations 2001 (SR 2001/240) are called "the principal regulations" .
These regulations come into force on 1 July 2003.
Subclause (2) applies to a person who, before the commencement of these regulations, has paid a fee under regulation 38(1) of the principal regulations (as in force immediately before the commencement of these regulations) but has not yet paid a fee under regulation 38(2)(a) of the principal regulations (as in force immediately before the commencement of these regulations).
The person must, instead of paying the fee under regulation 38(1) of the principal regulations (as substituted by these regulations), pay the fee under regulation 38(2)(a) of the principal regulations (as in force immediately before the commencement of these regulations).
Regulations 38(4) and 39(5) of the principal regulations (as in force immediately before the commencement of these regulations) continue to apply to the fees payable before the commencement of these regulations under regulations 38 and 39 of the principal regulations.
Date of notification in Gazette: 26 June 2003.
Pursuant to sections 116 and 134 of the Radiocommunications Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Radiocommunications Amendment Regulations 2004.
Every person who, immediately before the commencement of these regulations, is the holder of a limited amateur operator's certificate must be treated, on and after the commencement of these regulations, as being a holder of a general amateur operator's certificate.
Date of notification in Gazette: 20 May 2004.
Pursuant to sections 116, 134, and 135 of the Radiocommunications Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Radiocommunications Amendment Regulations 2005.
These regulations (except regulation 7) come into force on 1 July 2005.
Regulation 7 comes into force on 1 December 2005.
If a licensee of a radio licence has paid a fee under regulation 38(1) of the principal regulations (as in force immediately before the commencement of this regulation), the licensee is not liable to pay the fee under regulation 38(1)(a) of the principal regulations as substituted by regulation 6 of these regulations for that licence.
If a rightholder of a spectrum licence has paid a fee under regulation 39(2) of the principal regulations (as in force immediately before the commencement of this regulation), the rightholder is not liable to pay the fee under regulation 39(2)(a) of the principal regulations as substituted by regulation 6 of these regulations for that licence.
Sections 38(4) and 39(6) of the principal regulations (as in force immediately before the commencement of this regulation) continue to apply to fees payable before the commencement of these regulations.
Date of notification in Gazette: 23 June 2005.
This is a reprint of the Radiocommunications Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.