What is registration?
Part 4, Subpart 1 of the Telecommunications Interception Capability and Security Act 2013 (TICSA) requires network operators to apply to the Registrar for registration. Network operators must provide the Registrar with their ‘registration information’ (as detailed in section 62 of the Act) which includes contact details, information about services, and information about customers (including any customers of infrastructure-level services, if applicable). This information will be securely kept in a register to assist the surveillance agencies in the exercise or performance of their powers, functions and duties under the TICSA.
When do I register?
Section 60 of the TICSA provides that any network operator to whom the TICSA applied when the section commenced on 11 February 2014 must register within 3 months of that date. Any person that becomes a network operator after 11 February 2014 must be registered within 3 months of becoming a network operator.
How do I register?
Please contact us to request a registration application. The application should be made on the registration form provided and be accompanied by a certificate signed by the chief executive (or the person who performs substantially the same function) confirming that the information provided is true and correct. Completed registration forms and certifications can be directed to the office of the Registrar.
Do I have to provide any additional information?
Key ‘relevant changes’ must be notified 20 days before (or as soon as reasonably practicable) any changes to the information take effect. Relevant changes include the name of the network operator, contact details, geographical coverage, the telecommunications services offered by the network operator, and outsourcing arrangements (for the purpose of meeting any interception capability requirements).
Key ‘threshold changes’ must be notified no later than 10 working days after the change is identified. Threshold changes refer to a change in the level of interception capability duties that apply to you.
I’m a service provider – do I need to register?
Telecommunications service providers are not obligated to register under the TICSA, but are still encouraged to do so voluntarily. A service provider as defined in the Act is anyone who “provides or makes available in New Zealand a telecommunications service to an end-user”, but “does not include a network operator”. If you are unsure whether you fall under the definition of a network operator or a service provider, please contact the Registrar for guidance. Please note that service providers have a ‘duty to assist’ in some circumstances, as detailed in section 24 of the Act.