Our role in the telecommunications sector

Consultation (now closed): Seeking feedback on telecommunications regulatory and funding frameworks

The Ministry of Business, Innovation and Employment (MBIE) provides advice to the Government on telecommunications policy and regulation. MBIE sought feedback on some regulatory issues, and proposed options for addressing these issues. While the consultation has now closed, you can find out more about the issues we consulted on here:

Seeking feedback on telecommunications regulatory and funding frameworks

The legislation we manage

We manage the following legislation:

• Telecommunications Act 2001(external link) and its associated regulations which together comprise the New Zealand telecommunications regulatory regime. The Telecommunications Act 2001 regulates the supply of some telecommunication services for promoting competition in telecommunication markets to bring long-term benefits to its users in New Zealand.
• Telecommunications (Interception Capability and Security) Act 2013(external link) which establishes obligations for New Zealand’s telecommunications providers in 2 main areas – interception capability and network security.
  • All telecommunications providers must help fulfil interception warrants (or use ongoing statutory authority). In addition, a smaller group of network operators must pre-invest in the necessary equipment and technical resources to carry out interceptions over their networks.
  • The Act sets out a path to identify, and if necessary, address network security risks which may arise from network operators' proposed investments in network equipment. Network operators must engage with the Government Communications Security Bureau (GCSB) about changes to their network equipment where such changes could have an impact on national security.
• Radiocommunications Act 1989(external link) and its associated regulations.
• Postal Services Act 1998(external link) and its associated regulations.
• Part 4 of the Contract and Commercial Law Act 2017 (formerly the Electronic Transactions Act 2002)(external link)
• Unsolicited Electronic Messages Act 2007.(external link)

Our role is also to administer, advise, monitor, enforce and represent as follows:

Administer

We administer:

• the register of telecommunications network operators
• New Zealand Post's information disclosure requirements
• telecommunications service obligations instruments.

Enforce

We enforce:

• the Radiocommunications Act 1989, including assigning licences, and compliance, enforcement, and registration.

Advise

We provide:

• policy advice on regulation of the telecommunications sector, and the social, cultural, environmental and economic impacts of new technology
• advice to the Minister for Media and Communications on the recommendations made by the Telecommunications Commissioner
• policy and technical planning advice on the allocation of the radio and broadcasting spectrums, and issues related to commercial broadcasting.

Monitor

We monitor

• the telecommunications functions of the Commerce Commission.

Represent

We represent:

• New Zealand in international communications forums and trade negotiations.

E-commerce

We also co-ordinate the development of electronic commerce policy across government to ensure the regulations facilitate use of electronic commerce and don't create barriers and cost to business.

E-commerce means online trading, that is, buying and selling goods and services over electronic networks. Although e-commerce refers to all electronic transactions over any electronic network, today we tend to think of it as transactions carried out on the internet.

The governing legislation is Part 4 of the Contract and Commercial Law Act 2017(external link). Its purpose is to:

• facilitate the use of electronic technology by reducing uncertainty regarding the legal effect of information in electronic form or communicated electronically
• allow some paper-based legal requirements to be met with electronic technology that is functionally equivalent to legal requirements.

Note that the Contract and Commercial Law Act 2017(external link) repealed and replaced the Electronic Transactions Act 2002 (in addition to other legislation), but only made non-consequential amendments.

Internet governance

As the government agency responsible for telecommunications policy, we have a focus on developing efficient, reliable and responsive infrastructure, productive and competitive businesses, and a world-class business environment.

This includes ensuring internet resources are managed in a way that supports the interests of New Zealand end-users of telecommunications services.

InternetNZ MOU

InternetNZ is the trustee of the .nz domain name for New Zealand. It is an open membership organisation dedicated to protecting and promoting the Internet for New Zealand.

InternetNZ signed a Memorandum of Understanding with us in May 2016 for the management of the name. Under this MOU, InternetNZ has a duty to manage the domain name in service to the local internet community.

The MOU between the Ministry and InternetNZ on the management of the .nz Country Code Top Level Domain  [PDF, 534 KB]