Acts and regulations

The radiocommunications environment in New Zealand is managed, on behalf of the Crown, by the Ministry of Business, Innovation and Employment (MBIE) through Radio Spectrum Management (RSM). All legislative requirements for the management of the radio spectrum are covered by the Radiocommunications Act 1989 and the Radiocommunications Regulations 2001.

The Radiocommunications Act is a permissive, flexible regulatory regime designed to enable the use of spectrum whilst minimising any administrative, enforcement and transaction costs. Flexibility in the regulatory regime is needed to allow the up-take of new technology and changing demand patterns. Management rights, whilst providing exclusive rights to use frequencies, are technology flexible to avoid predetermining or limiting the range of the services for which they must be used.

Other relevant legislation is the Broadcasting Act 1989 which deals with issues generally related to the content of broadcasting services, the Search and Surveillance Act 2012 and the Telecommunications Act 2001 which deals with matters relating to telecommunications services. Management rights and spectrum licences are considered business assets for the purposes of the Commerce Act 1986 which deals with generic market and competition matters.