Radio Regulations 1972

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4 Application
5 Cabinet may establish radio communication systems
6 Delegation of Cabinet’s powers
7 Cabinet may cause inquiry to be made
8 Licence or construction permit required for a station
9 Construction permit may lapse if certain conditions not met
10 Classes of licences that may be granted
11 Transmitting station licence to include both the transmitting and receiving apparatus
12 Superintendent’s decision final
13 Terms, conditions and restrictions, in connection with licence or construction permit
14 Apparatus to comply with technical specifications
15 Period of validity of licence
16 Cabinet may refuse to grant application for licence
17 Transmitting station licences issued only to British subjects
18 Licence for a corporate body
19 Licence personal to licensee
20 Fee payable for licence
21 Commencing date for licensing year
22 Short-term licence
23 Back dating of licence
24 Licence fee for initial period
25 Cabinet may issue licence without payment of prescribed fee
26 Licence subject to respective limitations and restrictions
27 Non-liability of Niue Public Service
28 Application of International Radio Regulations
29 Radiocommunication restricted to services indicated in licence
30 Competition with Government communication services prohibited
31 Station to be used for authorized radiocommunications only
32 Cabinet may grant extension of normal terms of licence
33 Observance of conditions and provisions of licence and of regulations
34 Licensee personally responsible for observance of regulations and other conditions imposed
35 Infringement of copyright or patent
36 Licence exercisable in respect of 1 address only
37 Dismantling or removal of station
38 Proposed alterations to transmitting apparatus to be notified
39 Harmful interference to other stations
40 Harmful interference suffered by reason of deficiencies in receiving apparatus
41 Directive aerials
42 Erection of aerials
43 Levels of spurious emissions
44 No monopoly of allotted frequency
45 Operator of transmitting station to hold valid certificate
46 Allocation of callsign
47 Transmission of callsign
48 Impersonation
49 False, fictitious, or misleading radiocommunication or distress signal or call
50 Seditious, profane, obscene, defamatory, or offensive radiocommunication
51 Penalty for contravention of or noncompliance with regulations 48, 49 or 50
52 Log to be kept
53 Unauthorised use of information
54 Publication of information
55 Penalty for contravention of or noncompliance with regulations 53 or 54
56 Copy of telegram
57 Restricted radiation devices
58 Control of stations in emergency
59 Inspection of stations
60 Licence, permit, or authorisation to be available
61 Duplicate copy of licence
62 Requirements where breach committed against the Act or Regulations
63 Suspension or revocation of licence, permit, certificate, or authorisation
64 Notice of suspension or revocation
65 Failure to surrender licence, permit, certificate, or authorisation
66 Service of notice, request, or consent
67 Penalty where no other penalty provided

68 Classes of certificates
69 Form of certificate or authorisation
70 Terms, conditions and restrictions in connection with certificate or authorisation
71 Cabinet may refuse to grant application for an operator's certificate or authorisation
72 Operators certificates issued only to New Zealand citizens
73 Recognition of Commonwealth operators certificate
74 Conditions for the conduct of examinations
75 Minimum age limit
76 Examination for radiotelegraph operator's special certificate
77 Endorsement of certificate for radiotelegraph service only
78 Examination for radiotelephone operator's certificate
79 Examination for land radiotelephone operator's certificate
80 Examination for amateur operator's certificates
81 Re-examination
82 Recount of marks awarded
83 Declaration of secrecy
84 Duplicate operator's certificate or authorisation

85 Types of licences
86 Limitation applying to ship stations
87 Distress calls and distress messages
88 Station in distress may use any means at its disposal to attract attention
89 Ship stations licensed to engage in public correspondence
90 Ship stations employing radiotelephony not licensed to engage in public correspondence
91 Ship stations employing radiotelephony not licensed to engage in public correspondence
92 Accounts, payments, and retention of records
93 Documents to be carried by ship stations
94 Ship stations operating in bands between 405 kHz and 535 kHz
95 Ship stations operating in bands between 1605 kHz and 2850 kHz
96 Ship stations operating in bands between 156 MHz and 174 MHz
97 Ship stations to keep listening watch on 500 kHz
98 Ship stations to keep listening watch on 2182 kHz
99 Inspection of ship stations
100 Prevention of transmissions from ships in harbour in special circumstances
101 Notice of detention of a ship
102 Qualifications of operators of land mobile stations
103 Penalty where no other penalty provided

104 Types of licences
105 Coast stations operating in bands between 405 kHz and 535 kHz
106 Coast stations operating in bands between 1605 kHz and 2850 kHz
107 Coast stations operating in bands between 156 MHz and 174 MHz
108 Coast stations to keep listening watch on 500 kHz
109 Coast stations to keep listening watch on 2182 kHz
110 Qualifications of operators of coast stations
111 Qualifications of operators of base stations

114 Scope of licences
115 Persons to whom licences may be issued
116 Qualifications of operators
117 Issue of authorisation to non-citizen
118 Temporary operation at a different address
119 Communication permitted with other amateur stations only
120 Handling of third party messages prohibited
121 Licensees not to engage in radiocommunication for hire or material compensation
122 Limitation on class of message
123 Transmission of news, entertainment, or recordings prohibited without prior approval
124 Power permitted
125 Harmful interference to broadcast compensation reception

"aerial" means the electrical conductor or system of conductors used for effecting radiocommunication and includes any pole, insulator, staywire, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any such conductor or system of conductors;

"amateur service" means a radiocommunication service carried on by duly authorised persons interested in radio technique by way of intercommunication and technical investigation solely with a personal aim and without pecuniary interest;

"apparatus" means any apparatus intended for the purpose of effecting radiocommunication, whether by transmission or reception, or both;

"authorised officer" in relation to these Regulations means an officer authorised by Cabinet for the purpose of that provision;

"base station" means a land station in the land mobile service carrying on a service with land mobile stations;

"broadcasting service" means a radiocommunication service in which the transmissions, whether by way of sound, television, or otherwise, are intended for direct reception by the general public;

"Department" means the Telecommunications Department and includes the Superintendent and any authorised officer;

"fixed service" means a service of radiocommunication between specified fixed points;

endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating under these Regulations;

"International Radio Regulations" means the radio regulations annexed to the International Telecommunication Convention, Montreux 1965, and includes any regulations made in amendment, addition, or substitution for the said radio regulation;

"land mobile service" means a mobile service between base stations and land mobile stations, or between land mobile stations;

"land mobile station" means a mobile station in the land mobile service capable of surface movement within the geographical limits of the country;

"land station" means a station in the mobile service not intended to be used while in motion or during halts at unspecified points;

"licence" means a licence under these Regulations, for the installation and working of radio stations, or for the erection, construction, establishment, maintenance, or use of radio apparatus capable of transmitting or receiving radiocommunications within Niue or on any Niuean ship;

"licensee" means any person to whom a licence is granted under these Regulations;

"maritime mobile service" means a mobile service between coast stations and ship stations or between ship stations in which survival craft stations may also participate;

"mobile service" means a service of radiocommunication between mobile stations and land stations, or between mobile stations;

"mobile station" means a station in the mobile service intended to be used while in motion or during halts at unspecified points;

"operate" means to be in control of the functioning of radio receiving apparatus, or of radio transmitting apparatus while it is emitting radiations, or in control of the matter radiated by any such apparatus, but does not apply to any person while being the user of the public radiotelephone service; or to any person in respect of announcements made from a broadcasting station;

"operator" means any person duly authorised by these regulations to operate radio transmitting apparatus or radio receiving apparatus;

"premises" means any building, site, vehicle, vessel or structure, or any group of buildings within the same site or boundary and forming part of the same establishment, or any part of any building or site under separate occupation or tenancy;

"public correspondence" means any communication which any station must, by reason of its being operated as a public service for the convenience of the general public, accept for transmission;

"radiocommunication" means any transmission, emission, or reception of signs, signals, impulses, writing, images, sounds, or intelligence of any nature, including pulsed radio-frequency emissions, by the free radiation in space of electromagnetic waves of frequencies between 10 kilohertz and 3,000 gigahertz;

"radio station" and "station" mean one or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radiocommunication service classified by the service in which it operates permanently or temporarily;

"radiotelegraphy" means a system of radiocommunication for the transmission of any kind of information by the use of a signal code; "radiotelephony" means a system of radiocommunicaiton for the

"restricted radiation device" means a device which radiates electromagnetic energy either incidentally to or as an essential element of its operation;

"ship station" means a mobile station in the maritime mobile service located on board a vessel other than a survival craft, which is not permanently moored;

"Superintendent" means the Director of the Telecommunications Department of Government and includes any officer of the Niue Public Service acting for the time being in the place of the Superintendent of Radio, whether during any vacancy in that office or otherwise;

"survival craft" means a lifeboat, liferaft, or other survival equipment intended solely for survival purposes;

"telegram" means any written matter intended to be transmitted by radiotelegraphy or radiotelephony for delivery to an addressee.

Unless otherwise expressly provided herein, these Regulations shall be applicable to all radio stations established on any Niuean ship, and also to all radio stations established on ships or other vessels that are not Niuean ships during the time the ships or other vessels are within the territorial waters or harbours of Niue, and shall similarly be applicable to all aircraft stations on or over Niuean territory notwithstanding that the aircraft may not be registered in Niue.

The Regulations contained in this Part shall apply to every class of radio station except such stations as may be specifically exempted herein.

(1) Nothing in these Regulations shall prejudice or affect the right of Cabinet to establish, extend, maintain and work any system or systems of radiocommunication (whether of a like nature to those licensed hereunder or otherwise) in such manner as it shall think fit.

(2) Nothing in these Regulations shall prejudice or affect the right of Cabinet to enter into agreements for or to grant licences relative to the working and use of radio stations (whether of a like nature to those licensed hereunder or otherwise) for the transmission or reception of messages in any part of Niue by means of radiocommunication, or by any other means, with or to any person or persons whomsoever, upon such terms as Cabinet thinks fit.

(3) Except as expressly provided in these Regulations, nothing herein contained shall be deemed to authorise any licensee to exercise any of the powers or authorities conferred on or acquired by Cabinet by or under the Act.

Any of the powers or authorities given to Cabinet by these Regulations may be delegated by Cabinet to such officer or officers of the Niue Public Service as Cabinet thinks fit.

Cabinet may cause inquiry to be made into any matter connected with these Regulations or arising thereunder, in such manner as he thinks fit, and licensees and operators shall comply strictly with every requirement of Cabinet made pursuant to any such inquiry.

(a) Except as provided in these Regulations, every person who, not being the holder of a licence authorising him to do so, erects, constructs, establishes, maintains, or uses any apparatus capable of transmitting radiocommunications, or is in possession of any apparatus capable of receiving radiocommunications, commits an offence and shall be liable accordingly.

(b) Before the issue of a licence, the Superintendent may issue a permit for the construction and testing of a station for which application for a licence has been made, and which is capable during that construction or testing, or at any time whatsoever, of generating electric waves likely to interfere with radiocommunication, and that subject to regulation 9, for the purposes of this regulation, any such construction permit shall be deemed to be a licence until revoked, or if not revoked, until such time as a licence shall have been issued.

(2) Notwithstanding paragraph (1) that paragraph shall not apply in respect of apparatus for the reception of radiocommunications in the broadcasting service.

Any construction permit issued by the Superintendent under regulation 8 shall, unless extended by the Superintendent, be deemed to have lapsed if construction of the station has not been completed within 6 months from the date of the granting of the permit.

The following classes of licences may be granted, and shall be in such form as Cabinet approves in that behalf –

11 Transmitting station licence to include both the transmitting and receiving apparatus

A transmitting station licence shall cover both transmitting apparatus and receiving apparatus at the station.

The Superintendent shall decide the class of licence and the number of licences to which any person is entitled in respect of any existing or proposed radio station, and his decision shall be final.

13 Terms, conditions, and restrictions, in connection with licence or construction permit

Cabinet may, in connection with any licence or construction permit, impose such terms, conditions, and restrictions, not inconsistent with the Act or these Regulations as it thinks fit.

Cabinet may require that any apparatus used in any radiocommunication service shall comply either in whole or in part with any technical specifications issued in that behalf by the Superintendent.

Except where otherwise provided in these Regulations, every licence issued under these Regulations shall be in force from the time of the granting until the date of expiration shown thereon (if any), or until suspended or revoked.

No transmitting licence shall be issued to anyone other than a New Zealand subject except at the discretion of Cabinet and subject to such terms, conditions and restrictions as Cabinet thinks fit.

(1) Where the applicant for a licence is a corporate body, any individual through whom the application is made shall satisfy the Superintendent that he is duly authorised to make the application in the name and on behalf of the corporate body.

(2) Where a licence is sought for a station vested in any person in trust for an association, institute, or other body of unincorporated persons, the applicant shall satisfy the Superintendent that he is or is to be the person to erect, construct, establish, maintain, and use the apparatus or that he is the person in possession of the station or apparatus in respect of which the licence is sought.

(1) Every licence, permit, certificate, or authorisation issued or enuring under these regulations shall be personal to the licensee or holder, and no licensee or the holder of any permit, certificate, or authorisation, shall assign, sublet, transfer, or otherwise dispose of, or for the purpose of profit admit any other person or body to participate in the benefit of any such licence, permit, certificate, or authorisation.

(2) The Superintendent or any person authorised by him in that behalf shall have the power, in any case at his sole and entire discretion to waive this requirement by giving prior consent in writing to any such disposal or admission and such consent shall enure only for the purpose of that disposal and admission and no subsequent disposal or admission.

(1) Except as otherwise provided in these Regulations, the fee payable in respect of any licence under these regulations shall be the appropriate fee prescribed in Schedule 1.

(2) In the case of a station performing the service of both a land station and a fixed station, the fee for the licence for the station shall be the fee prescribed in clause 4 of Schedule 1.

(3) The fee for a receiving station licence under regulation 10 (b) shall be half the fee prescribed for a transmitting station licence of the same class.

Except as provided in these Regulations, the fee payable for any licence described in regulation 10 shall be the fee for the full licensing year, which shall be deemed to commence as follows –

(b) For a land station licence, a land mobile station licence, or a fixed station licence: on the first day of April;

The Superintendent may issue a licence for a station or stations in the fixed service or the land mobile service for a period not exceeding 28 days.

(1) Where a person applies for a licence in respect of any apparatus capable of transmitting or receiving radiocommunications, and before the grant of the licence he, without being the holder of a licence for the time being in force authorising the act, did any act in respect of the apparatus which, in accordance with these regulations, may only be done by the holder of a current licence, the licence applied for may be dated as of the date on which he first did the act.

(2) In any proceedings for an offence against these Regulations a licence shall not be deemed to have been in force before the date on which it was granted.

In the case of a transmitting station licence (other than an amateur station licence) where the period to the end of the licensing year does not exceed 3 months and the licence is also taken out for the ensuing year or part of the year, the fee for the initial period shall be one-fourth of the annual fee and shall be added to the full annual fee for the ensuing licensing year.

Notwithstanding anything in these Regulations, where in the opinion of Cabinet any such action is warranted, Cabinet may issue a licence without payment of the prescribed fee or upon payment of a reduced fee.

Every radio licence shall be deemed to be subject to the respective limitations and restrictions contained in these regulations in respect of a licence of the class concerned as if those limitations and restrictions were set out expressly in the licence.

Neither Cabinet nor the Niue Public Service shall be liable in respect of any action, claim, or demand that may be brought or made by any person in respect of any bodily injury or damage to property or any other circumstances arising from any act permitted by a licence issued under these regulations.

The International Radio Regulations shall, except as may otherwise be provided in these regulations, apply to every licence issued by Cabinet, and every licensee shall observe any such provisions as far as they apply to the particular class of licence held by the licensee.

Subject to these Regulations, a licence issued under these Regulations shall not authorise the licensee to take part in any radiocommunication service other than the services indicated in the licence.

(1) Except with the authority of Cabinet a radio station shall not be used in any way to compete with Government communication services, and shall not transmit or receive radiocommunications the transmission or reception of which is calculated, in the judgment of Cabinet, to cause loss of revenue to the Department.

(2) In an emergency, communications having for their object the preservation of human life, the protection of property, or the detection of crime, may be transmitted or received without reference to Cabinet.

Neither the licensee nor any other person shall use, nor shall the licensee cause or permit any person to use, any radio station for the transmission or reception of radiocommunications except such radiocommunications as are authorised by these Regulations.

Where difficulties inherent to the nature of radiocommunication may be overcome by a reasonable extension of the normal terms of any licence issued under these Regulations Cabinet may grant to the licensee, in writing, such extension of the terms as in the opinion of Cabinet may be necessary in the circumstances.

Every licensee of a radio station shall faithfully observe and cause to be observed all the conditions and provisions of the licence and of these Regulations as far as they are applicable.

34 Licensee personally responsible for observance of regulations and other conditions imposed

Notwithstanding any approval that may be given to the licensee by Cabinet for any person other than the licensee to operate any radio station, the licensee shall be personally responsible for the observance of these Regulations and all other conditions imposed as if the station were operated by the licensee.

The issue of a licence under these Regulations shall not relieve the licensee of responsibility for infringement of copyright or of any patent for an invention, or for compliance with any other Regulations, instructions, or rules which may be applicable.

Subject to the provisions of these Regulations, a radio station licence, except a licence for a mobile station, shall authorise any act covered by the licence only at the particular address stated in the licence and shall not extend to anywhere else.

In the event of a radio station licensed under these Regulations being dismantled, or (except in the case of a mobile station) removed from the particular address stated in the licence, the licensee shall, within 7 days thereafter, notify the Superintendent in writing accordingly.

Any proposed alteration affecting the technical characteristics or the location or the functioning of the transmitting apparatus at any radio station shall be notified in writing to the Superintendent.

The licensee of any radio station shall operate the station in such manner as not to cause harmful interference and shall comply with all such directions and conditions as may be given or made by the Superintendent for that purpose.

40 Harmful interference suffered by reason of deficiencies in receiving apparatus

It shall not be a breach of regulation 39 if any harmful interference is, in the opinion of the Superintendent, suffered by any receiving apparatus by reason of its being of inferior design or construction or being incapable of such minimum technical performance as he may prescribe.

Wherever the nature of the service permits, and if directed by the Superintendent, directive aerials shall be employed.

Aerials shall not, without the consent of Cabinet, be erected above or below any lines erected and maintained by the Department, or sufficiently near any such lines to permit contact with them should any such lines or the aerial fail.

(1) The licensee shall ensure that the levels of spurious emission of a station are kept at the lowest value which the general state of development of radio apparatus permits and in any case the levels of spurious emissions shall be maintained within the limits prescribed by the International Radio Regulations.

(2) The Superintendent may set any limit lower than that prescribed by the International Radio Regulations for the maximum permissible value of any spurious emission in which case the licensee shall ensure that the levels of spurious emissions do not exceed this lower limit so set.

(1) The allocation of any frequency to any transmitting station shall not be held to confer upon the licensee or upon the station so licensed, a monopoly of the use of that frequency.

(2) The Superintendent may, and subject to such terms, conditions, and restrictions as he thinks fit, allocate to any licensee a frequency for the exclusive use of the licensee’s station or stations so licensed.

Except as otherwise provided in these Regulations, or in the case of an emergency involving the safety of life or property, no person shall operate the apparatus at a transmitting station licensed under these Regulations unless he is the holder of a valid certificate of the required class, or an authorisation issued, or in the case of a certificate recognised by Cabinet.

The Superintendent shall allot to every transmitting station licensed under these Regulations a callsign by which the station shall be identified.

Except as otherwise directed by the Superintendent, each transmitting station shall transmit its callsign as frequently as practicable, and in any event at least once in each hour during the course of transmission.

No person shall, by means of a radio station, impersonate any other person, or pass off that radio station to be any other radio station, or use the callsign of another radio station improperly, or without lawful justification.

49 False, fictitious, or misleading radiocommunication or distress signal or call

No person shall transmit or cause or permit to be transmitted any radiocommunicaton of a false, fictitious, or misleading character, and in particular but without prejudice to the foregoing, transmit or cause or permit to be transmitted any false or deceptive distress signal or distress call.

No person shall transmit or cause or permit transmission of any radiocommunication of a seditious, profane, obscene, or defamatory nature, or of an offensive nature or meaning.

51 Penalty for contravention of or non-compliance with regulations 48, 49 or 50

Any person who acts in contravention of or fails to comply with any requirement of regulations 48, 59 or 50 commits an offence against these Regulations, and shall be liable on conviction to a fine not exceeding 1 penalty unit.

(1) The licensee of every transmitting station shall, unless exempted by the Superintendent, keep a log record showing the hours during which the station is in operation, the time of each transmission, the class of emission, the station called, and the power and the frequency used.

(2) In addition, stations of the maritime mobile service and aircraft stations shall record such other particulars as may be required from time to time by the Superintendent.

(3) The log shall be retained for a period of 1 year, and shall be produced for perusal by an authorised officer whenever required.

Every person who, by virtue of any radio station, has access to any radiocommunication not intended for his information, shall preserve the secrecy of that radiocommunication and any information whatsoever derived from it, and shall not except as authorised in these Regulations make use of that radio-communication or any information whatsoever derived from it and shall not reproduce or cause or permit to be reproduced, in a newspaper or elsewhere, or communicate to any third party, any such radiocommunication or any information derived therefrom, nor shall the fact of the existence of the radiocommunication be disclosed.

(1) Except with the authority of Cabinet no licensee or other person shall communicate to a newspaper for publication any radiocommunication by whatever means received.

(2) This regulation shall not apply to the private correspondence of the licensee.

Any person who acts in contravention of or fails to comply with any provision of regulations 53 or 54 commits an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.

Nothing in these Regulations shall be deemed to prohibit a person duly authorised in that behalf from giving a copy of any telegram or information relating to any telegram to the person or persons entitled thereto, or to a properly authorised official of Government, or to a competent legal tribunal.

Notwithstanding anything in these Regulations, restricted radiation devices operated subject to the following conditions need not be licensed under these Regulations –

(a) Operation shall be confined to the frequency range of 10 kHz to 150 kHz, or, in the case of devices used solely for the transmission of the output of musical instruments or of record reproducing devices, to the frequency ranges of 10 kHz to 150 kHz and 525 kHz to 1605 kHz;

(b) The distance over which the operation extends shall not exceed 50 ft; and at this distance the electromagnetic field shall not exceed 15 microvolts per metre in any direction;

(d) The devices shall be operated with the minimum power necessary to accomplish the desired purpose;

(e) The best engineering principles shall be utilised in the generation of radio frequency energy so as not to cause harmful interference to other radiocommunication services; and in the event that such interference is caused, the operator of the device shall promptly take steps to eliminate the interference;

(f) Any harmful interference that may be experienced from the operation of other restricted radiation devices, or from the operation of any other radiocommunication service, must be tolerated.

(1) If and whenever an emergency has arisen in which it is expedient in the public interest that Government shall have control over the radiocommunications of any licensed radio stations, it shall be lawful for any officer of Her Majesty’s armed forces, or for any other person authorised in that behalf by Cabinet to take possession of, or to cause the station or any part thereof to be taken possession of, in the name and on behalf of Her Majesty, and to be used for Her Majesty’s service, and subject thereto, for such other services as the said officer or person may deem fit.

(2) In that event, the officer or any person authorised in that behalf by Cabinet may enter upon any premises at, or on which the station or any part thereof is installed, and take possession of the station or any apparatus comprising the station and use the same as aforesaid.

(3) Any such officer or authorised person may in such event as aforesaid, instead of taking possession of the station, direct and authorise such persons as he may think fit to assume the control of the radiocommunications of the station, either wholly or partly, to such extent and in such manner as he may direct, and any such persons may enter upon any station accordingly, or the said officer or person authorised by Cabinet in that behalf may –

(a) Direct the licensee or his servants or agents to submit to him, or any person authorised by him, all messages tendered for transmission or received by the licensed station, or any class or classes of any such messages; or

(b) Direct the licensee or his servants or agents to stop or delay the transmission of any messages, or deliver the same to the said officer or person or his agent, and generally to obey all such directions relating to the reception and transmission of messages as the said officer or person may prescribe; or

(c) Dismantle or order the dismantling of the said station – and the licensee and his servants or agents shall obey and conform to all such directions or orders.

Cabinet or any agent duly authorised by it, may at any time inspect any station other than a station for the reception of radiocommunications in the broadcasting service, and may inspect the working and use of any such station, and for that purpose, or for the purpose of determining whether the qualifications of any operators employed conform to the requirements of these regulations, may enter upon any property or premises on which any such station is established, and the licensee shall afford Cabinet or its agent all reasonable facilities therefor.

Except as otherwise provided in these Regulations, the licensee of any radio station shall cause the licence, permit, or authorisation, as the case may be covering the station, to be available at the station at all times for inspection by an authorised officer.

(1) A duplicate copy of a licence shall be issued only on production of satisfactory evidence that the original has been lost, mutilated, or destroyed.

(2) The fee for any duplicate copy of a licence shall be that prescribed in Schedule 1.

If, in the opinion of the Superintendent or other officer duly authorised by Cabinet a breach of the Act or of these Regulations has been committed in respect of the installation or operation of any radio apparatus, the Superintendent or authorised officer may require the licensee or operator or other person responsible for the alleged breach to cease to operate or to dismantle the apparatus pending the determination of Cabinet in respect of the alleged breach, and may take into custody the whole or part of any such apparatus or in other manner render the said apparatus inoperative, and any such direction or action shall subsist until countermanded by Cabinet.

63 Suspension or revocation of licence, permit, certificate, or authorisation

(1) Any licence, permit, certificate, or authorisation issued or enuring under these Regulations may at any time be suspended or revoked by Cabinet in the event of misconduct or of a breach on the part of the holder of the International Radio Regulations, or of these Regulations, or of any conditions, directions, or rules prescribed by Cabinet for the guidance of operators or for the working of the licensed station, or of any conditions, directions, or rules subject to which the licence, permit, certificate, or authorisation was issued, or where it appears to Cabinet to be in the public interest, or upon the grounds that an emergency has arisen in which it is expedient that Government shall have control over radiocommunication.

(2) The licensee shall not be entitled to compensation for any suspension or revocation of a licence, permit, certificate, or authorisation under this regulation.

(3) Any such suspension or revocation shall be effected by notice serviced on the licensee, or holder of the permit, certificate, or authorisation, personally, or sent by registered post addressed to him at his usual or last known place of abode or business in Niue, or at any address stated in the licence, permit, certificate, or authorisation or in any application for a licence, permit, certificate, or authorisation, or publicly notified as provided by regulation 64 and shall be deemed to have been given, if sent by post, at the time when it would be received at its address in the ordinary course of registered post, and, if publicly notified, on the day following the first publication of the notice.

(4) Any licence, permit, certificate, or authorisation revoked under this regulation shall be forthwith surrendered to Cabinet.

Cabinet may publicly notify the suspension or revocation of any licence, permit, certificate, or authorisation and may give notice to any person of the suspension or revocation.

Any person who, without reasonable cause, fails to surrender any licence, permit, certificate, or authorisation so revoked as aforesaid, after having been required in writing or otherwise by Cabinet or by any person acting on its behalf, so to do, commits an offence against these Regulations.

(1) Any notice, request, or consent (whether required to be in writing or not) given by Cabinet under these Regulations may be under the hand of the Superintendent or other authorised officer of the Department, and may be served by sending the same in a registered letter addressed to the person concerned at his office or place of residence for the time being, or, if any such notice, request, or consent relates to any particular ship station, by delivering the same to the master or other person responsible for the ship upon which the station is installed.

(2) Any notice to be given by any licensee or any other person under these Regulations may be served by sending the same in a registered letter addressed to the Superintendent, Radio Station, Niue.

Any person who acts in contravention of, or commits an offence against, any of these regulations for which a penalty is not otherwise provided, or who commits any breach of the conditions of a licence, permit, certificate, or authorisation of which he is the holder, and for which a penalty is not otherwise provided, shall be liable on conviction to a fine not exceeding 0.5 penalty units.

(1) The classes of operator's certificates of competency which may be granted are the following –

(2) The fee payable in respect of the entry for the examination for any such certificate shall be the appropriate fee prescribed in the Schedule 2.

Any certificate or authorisation shall be in such form and subject to such conditions, directions, or rules as Cabinet may approve in that behalf.

70 Terms, conditions and restrictions in connection with certificate or authorisation

Cabinet may, in connection with any certificate of authorisation impose such terms, conditions, and restrictions, not inconsistent with the act or these Regulations, as it thinks fit.

71 Cabinet may refuse to grant an application for an operator's certificate or authorisation

Cabinet may refuse to grant an application for any class of operator's certificate or authorisation.

No operator's certificate shall be issued to anyone other than a New Zealand citizen except at the discretion of Cabinet and subject to such terms, conditions, and restrictions as Cabinet thinks fit.

The Superintendent may at his discretion recognise as the equivalent of an operators certificate issued under these Regulations an operators certificate of similar class issued by a country of the Commonwealth or by the Republic of Ireland.

The Superintendent may prescribe the conditions for the conduct of any examination under these Regulations.

(1) No operator's certificate shall be issued under these Regulations to a person less than 18 years of age.

(a) An amateur operators certificate may be issued to a person not less than 16 years of age; and

(b) At the discretion of the Superintendent a restricted radiotelephone operator's certificate or a land radiotelephone operator's certificate may be issued to a person not less than 16 years of age.

To qualify for a radiotelegraph operator's special certificate a candidate shall pass the appropriate examination prescribed in the International Radio Regulations together with a test in the exchanging of traffic, and a practical test to determine the candidate’s ability to send correctly and to receive correctly by telephone.

Where a candidate for the examination for a radiotelegraph operator's special certificate is unable to pass a test in sending and receiving messages by telephone but passes in all other subjects, an appropriate certificate endorsed to apply exclusively to the radiotelegraph service may be issued.

To qualify for a general or restricted radiotelephone operators certificate a candidate shall pass the appropriate examination prescribed in the International Radio Regulations.

To qualify for a land radiotelephone operators certificate a candidate shall pass an examination comprising a knowledge of the rules and regulations applicable to the particular class of station or service in respect of which that certificate is required.

(2) To qualify for a certificate of Grade 1 a candidate shall pass an examination comprising –

(a) A written examination in the elementary principles of electricity, radiotelegraphy, and radiotelephony, and in the adjustment and operation of radio apparatus used in a typical amateur station; and

(b) A knowledge of such of these regulations as are applicable to the amateur service; and

(3) To qualify for a certificate of Grade II a candidate shall pass an examination comprising –

(b) A morse operating test, both sending and receiving, at a speed of 12 words a minute.

(4) To qualify for a certificate of Grade III a candidate shall pass an examination comprising the examination prescribed in subclause (2) (a) and (b).

(1) In circumstances in which any such action is deemed to be necessary or desirable in the public interest, the Superintendent may require any person to whom any class of operators certificate or authorisation under these Regulations has been issued to submit himself for re-examination in any or all of the subjects required for examination for the class of certificates or authorisation concerned.

(2) Where any person fails to submit himself for re-examination in accordance with this regulation when so required by the Superintendent, or fails to qualify at the re-examination, the certificate or authorisation issued to that person may be suspended or revoked for such period as Cabinet shall determine.

(1) In circumstances in which any such action appears desirable the Superintendent may approve a recount being made of the marks awarded to a candidate in respect of any written examination prescribed by these regulations.

(2) The fee in respect of each paper for which a recount of marks is undertaken shall be that prescribed in Schedule 2.

Before any operator's certificate or authorisation under these Regulations is issued a written declaration that he will preserve the secrecy of any radiocommunication not intended for his information shall be made by the applicant.

(1) A duplicate copy of an operator's certificate or authorisation shall be issued only on production of satisfactory evidence that the original has been lost, mutilated, or destroyed.

The following licences may be issued for the categories of mobile stations mentioned –

Except as provided in regulation 88, ship stations are authorised to communicate only with other stations of the maritime mobile service or with aircraft stations.

Mobile stations of the maritime mobile service and aircraft stations shall accept, with absolute priority, distress calls and distress messages regardless of their origin and the operator shall immediately convey any such calls and messages to the master or other person responsible for the ship or aircraft and take such other action in regard thereto as may be required.

88 Station in distress may use any means at its disposal to attract attention

No provision in these Regulations shall be so construed as to hinder a ship or aircraft station in distress using any means at its disposal to attract attention, indicate its position, and obtain assistance.

(1) There shall be 4 categories of ship stations licensed to engage in public correspondence and the category of any such ship station shall be as determined by Cabinet.

(2) The licensee of a ship station shall provide a service at least during the hours of service for the category of ship station in which that ship is placed prescribed as follows –

First category: ship stations of the first category shall maintain a continuous service; Second category: ship stations of the second category shall maintain a service for 16 hours a day; Third category: ship stations of a third category shall maintain a service for 8 hours a day;

Fourth category: ship stations of the fourth category shall maintain a service the duration of which may, if not otherwise prescribed by the International Radio Regulations, be less than that of stations in the third category.

(3) The class of operator for each category of ship station shall be as prescribed by the International Radio Regulations for ship stations of the appropriate category participating in the international public correspondence service.

90 Ship stations employing radiotelephony not licensed to engage in public correspondence

The minimum qualification to be held by each operator of a ship station employing radiotelephony and not licensed to engage in public correspondence shall be a general radiotelephone operator's certificate or a restricted radiotelephone operator's certificate as determined by Cabinet.

91 Ship stations employing radiotelegraphy not licensed to engage in public correspondence

Ship stations employing radiotelegraphy and not licensed to engage in public correspondence shall be manned by an operator holding a radiotelegraph operators special certificate or a radiotelegraph operator's certificate of higher grade.

(1) The licensee of a ship station open for public correspondence shall keep full accounts, records and registers of all radiotelegrams transmitted by him. Each radiotelegram shall be identified by a number and date, full particulars of its place of origin and of ultimate destination, and such further particulars as the Superintendent may require to be shown.

(2) The licensee shall preserve all used radiotelegram forms whether written or printed, and transcripts of radiotelegrams and all other papers relating thereto, for such period as is prescribed by the International Radio Regulations, and these shall accompany any account or inquiry submitted by the licensee to the Superintendent.

(3) The originals of radiotelegrams, and documents relating to radiotelegams retained by the licensee, shall be held, with all necessary precautions to maintain privacy as to their contents, for 6 months from the month in which the accounts were submitted.

(4) The licensee shall pay to the Superintendent, at such times and in such manner as the Superintendent shall direct, all sums due from the licensee for radiotelegrams exchanged between the licensed station and coast stations in accordance with the charges due under the International Radio Regulations as the Superintendent may direct.

(5) When requested by a coast station for particulars of how or by whom accounts are to be settled the licensee of the ship station shall, as a matter of regular procedure, furnish to the coast station the necessary particulars.

Ship stations shall carry such documents relating to the operation of the station as the Superintendent may require.

Every ship station licensed to use a radiotelegraph installation in the authorised bands between 405 kHz and 535 kHz shall be able to transmit class A2 or class A2H emissions and receive class A2 and class A2H emissions on the international calling and distress carrier frequency of 500 kHz.

Every ship station licensed to use a radiotelephone installation in the authorised bands between 1605 kHz and 2850 kHz shall be able to transmit class A3 or class A3H emissions and receive class A3 and class A3H emissions on the international calling and distress carrier frequency of 2182 kHz.

Every ship station licensed to use a radiotelephone installation in the authorised bands between 156 MHz and 174 MHz shall be able to transmit and receive class F3 emissions on the international calling and safety frequency of 156.80 MHz and on the primary internship frequency of 156.30 MHz.

(1) All ship stations licensed to use radiotelegraph installations in the authorised bands between 405 kHz and 535 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 500 kHz twice each hour for 3 minutes commencing at 15 minutes and 45 minutes past the hour, Greenwich Mean Time.

(2) During these periods all transmissions in the bands between 485 kHz and 515 kHz except for distress, urgent, or safety transmissions, shall cease.

(1) All ship stations licensed to use radiotelephone installations in the authorised bands between 1605 kHz and 2850 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 2182 kHz twice each hour, for 3 minutes commencing on the hour and half hour, Greenwich Mean Time.

(2) During these periods all transmissions between the frequencies of 2173.5 kHz and 2190.5 kHz, except for distress, urgency or safety transmissions, shall cease.

(1) If on inspection under regulation 59, any ship station is found to be not so equipped or provided for as prescribed in these Regulations, or in the International Radio Regulations where those Regulations are applicable, a notice in writing pointing out the deficiency shall be given to the master or licensee of the station, and a copy of that notice shall be given to an authorised representative of the Marine Department at the port where the inspection is carried out.

(2) Upon receipt of any such notice the master or other person responsible for the station shall take immediate steps to rectify the deficiency.

100 Prevention of transmissions from ships in harbour in special circumstances

(1) If and whenever the Government shall deem any such action necessary in the interests of the State, Cabinet may, by public notice, prohibit the use of radio by ship stations in harbour and notify that the provisions of this regulation shall be in force until further notification, and thereafter and until a countermanding notice has been similarly published, the following provisions shall apply in respect of ships entering or in any harbour –

(a) The radio transmitting apparatus shall be rendered inoperative to the Customs Officer boarding the vessel, and the room or rooms housing the apparatus shall be locked by the Customs Officer and the keys handed to the master who shall be responsible for their custody. The master shall ensure that all portable transmitters are rendered inoperative by being made subject to the same procedure;

(b) During the stay of the vessel in harbour, access to the radio transmitting apparatus will be allowed only if it is necessary for the radio staff to have such access in order to carry out maintenance work, or other essential duties;

(c) The master shall ensure that no transmissions are made while the radio transmitting apparatus is so accessible and that the cabin is relocked as soon as all maintenance work or other essential duties have been done;

(i) In the case of any foreign ship all radio transmitting apparatus shall be sealed by the Customs Officer boarding the vessel before locking the room or rooms housing the apparatus under paragraph (a) and the master shall be responsible for ensuring that the seals are not broken during the vessel’s stay in harbour;

(ii) Access to radio transmitting apparatus shall be allowed only for essential maintenance purposes upon the master notifying the Customs Officer when access is required and the said officer arranging for the breaking of the seals. The master shall ensure that no transmissions are made while the apparatus is so accessible.

(2) An entry shall be made in the ship’s station log of any action taken under paragraph (1).

(3) No radar installation shall be used by any ship while in harbour except when the ship is under way and no radio transmissions shall be made at any time while the ship is in harbour.

(4) If at any time while the provisions of this regulation are in force there is in respect of any ship in harbour a failure to comply with any of the provisions of this regulation the owner and master shall be guilty of an offence, and the owner and master and any other person committing a breach of paragraph (3) shall be guilty of an offence, and shall be severally liable on conviction to a fine not exceeding 20 penalty units.

(1) Whenever Cabinet has reasonable cause to believe or suspect that any breach of regulation 100 (3) has been committed on board any merchant ship while in harbour, it may give notice in writing to the Financial Secretary to detain the ship until the sum of $2,000 or such smaller sum as may be specified in the notice, has been deposited with the Financial Secretary by or on behalf of the person liable.

(2) If on receipt of that notice, or at any time within 3 months thereafter, the ship is found within port, the Financial Secretary shall withhold the certificate of clearance of the ship under section 72 of the Customs Act 1966, until and unless the aforesaid sum is deposited with him or the aforesaid notice of detention is withdrawn.

(3) If within 6 months after the date of the offence in respect of which the ship has been detained a conviction for that offence is obtained against any person, the sum so deposited shall be available for the satisfaction of any fine and costs imposed and awarded by the conviction, and the residue, if any, shall be returned to the person by whom or on whose behalf the deposit is made.

(4) If within the period of 6 months aforesaid no such conviction is obtained, the sum so deposited shall be returned to the person by whom or on whose behalf it was deposited.

(5) The countermanding of a notice that the provisions of this regulation are in force shall not affect the liability of any person for an offence committed before the publication of the countermanding notice.

(1) The minimum qualification to be held by each operator of a land mobile station shall be a radiotelegraph operator's special certificate or a land radio telephone operator's certificate as the case may require.

(2) If the frequency of emission of a radiotelephone transmitter is above 30 MHz no operator's certificate shall be required.

Any person who commits a breach of any of the regulations in this Part for which a penalty is not otherwise provided in this Part commits an offence and shall be liable on conviction to a fine not exceeding 2 penalty units for each such breach.

Land station licences may be issued for the following categories of land stations –

Every coast station licensed to use a radiotelegraph installation in the authorised bands between 405 kHz and 535 kHz shall be able to transmit class A2 or class A2H emissions and receive class A2 and class A2H emissions on the international calling and distress carrier frequency of 500 kHz.

Every coast station licensed to use a radiotelephone installation in the authorised bands between 1605 kHz and 2850 kHz and capable of transmitting on the international calling and distress carrier frequency of 2182 kHz shall be able to transmit class A3 or class A3H emissions and receive class A3 and class A3H emissions on that carrier frequency.

Every coast station licensed to use a radiotelephone installation in the authorised bands between 156 MHz and 174 MHz shall be able to transmit and receive class F3 emissions on the international calling and safety frequency of 156.80 MHz.

(1) All coast stations licensed to use a radiotelegraph installation in the authorised bands between 405 kHz and 535 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 500 kHz twice each hour for 3 minutes, commencing at 15 minutes and 45 minutes past the hour, Greenwich Mean Time.

(2) During these periods all transmissions in the bands between 485 kHz and 515 kHz, except for distress, urgency or safety transmissions, shall cease.

All coast stations licensed to use a radiotelephone installation in the authorised bands between 1605 kHz and 2850 kHz shall, during their hours of service, observe a listening watch on the international distress carrier frequency of 2182 kHz twice each hour for 3 minutes, commencing on the hour and half hour, Greenwich Mean Time. During these periods all transmissions between the frequencies of 2173.5 kHz and 2190.5 kHz, except for distress, urgency, or safety transmissions, shall cease.

The minimum qualification to be held by each operator of a coast station shall be a radiotelegraph operator's special certificate or a restricted radiotelephone operator's certificate as the case may require.

(1) The minimum qualification to be held by each operator of a base station shall be a radiotelegraph operator's special certificate or a land radiotelephone operator's certificate as the case may require.

(2) Where the frequency of emission of a radiotelephone transmitter is above 30 MHz no operators certificate shall be required.

A fixed station licence may be issued for a fixed station and shall specify fixed points between which radiocommunications are authorised for that station.

(1) The minimum qualification to be held by each operator of a fixed station shall be a radiotelegraph operator's special certificate or a land radiotelephone operator's certificate, as the case may require.

(2) Where the frequency of emission of a radiotelephone transmitter is above 30 MHz no operators certificate shall be required.

Amateur station licences shall authorise the establishment of stations in the amateur service.

(1) Amateur station licences shall be issued only to the holders of amateur operators certificates, and shall be issued only to individuals.

(2) In the case of any society having as its sole or principal object the pursuit by its members of an interest in amateur radio a licence may be issued to an authorised official of the society as trustee therefor.

(1) No person shall operate an amateur station unless he holds an amateur operators certificate nor shall the licensee of any such station cause or permit any person not being the holder of such a certificate to operate the said station.

(2) Any person not ordinarily resident in Niue who, in the country in which he is ordinarily resident, is the holder of an amateur station licence or an amateur operator's certificate may operate an amateur station under the direct supervision of the licence.

(1) Cabinet may and subject to such terms, conditions, and restrictions as it may prescribe in that behalf, issue an authorisation to permit any person who is not a New Zealand subject, and who is licensed by his Government as an amateur radio operator, to operate the amateur station licensed by his Government, in Niue.

(2) No authorisation shall be issued under paragraph (1) unless Cabinet is satisfied that the applicant’s Government is willing to make reciprocal arrangements for the benefit of amateur radio operators holding amateur operators certificates issued by Cabinet.

(3) Cabinet may refuse to issue any authorisation under this regulation notwithstanding that the applicant’s Government may be willing to make reciprocal arrangements as aforesaid, or may suspend or revoke an authorisation under this regulation.

(4) The holder of an authorisation under this regulation shall, subject to the terms and conditions of the authorisation, have in Niue all the rights and obligations of the holder of an amateur operators certificate issued by Cabinet.

An amateur station licence shall authorise the establishment of an amateur station at the licensee’s usual address or, during such times as the licensee may be temporarily absent from his usual address, the establishment by him of a station at a different address.

Except in the case of emergency or where otherwise approved by the Superintendent, amateur stations shall be used for the purpose of communicating with other stations of the amateur service only.

Licensees of amateur stations shall not engage in radiocommunication for any third party.

121 Licensees not to engage in radiocommunication for hire or material compensation

Licensees of amateur stations shall not engage in radiocommunication for hire or material compensation, direct or indirect, paid or promised.

All radiocommunications from amateur stations, whether by speech or in Morse code, shall be conducted in plain language and shall be limited to messages of a technical nature relating to radio experiments and to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified.

123 Transmission of news, entertainment, or recordings prohibited without prior approval

Except with the prior written approval of the Superintendent, the licensee of an amateur station shall not transmit matter by way of national or international news, or any matter by way of public entertainment, or which by virtue of its significance would be of concern, to the public generally, or any body of the public, and shall not transmit recordings of any kind.

(1) Except as may be authorised by Cabinet, the power permitted to be used in transmitting apparatus at an amateur station shall not exceed 150 watts direct current input to the final radio frequency stage or stages delivering power to the aerial.

(2) In those cases where the power input varies with the modulating component the measurement of the direct current input shall be made with the transmitter fully modulated and using meters of a type in which full-scale current causes 63 percent of full-scale reading in one quarter of a second or less.

(1) In the event of the operation of an amateur station causing harmful interference to broadcast reception by receiving apparatus which, in the opinion of the Superintendent or other authorised officer, is of reasonable selectivity, the licensee of the amateur station concerned shall when so required by the Superintendent or other authorised officer, forthwith cease to operate the station on the frequency or frequencies which cause interference until the interference is removed.

(2) Should the complete elimination of the interference be impossible, the operation of the station may be resumed only with the permission of the Superintendent or other authorised officer on such conditions and at such times as may be prescribed.

1 For ship station licence if the ship is required by any enactment to be equipped with a radio transmitting installation	$10 per annum
2 For ship station licence if the ship is not required by any enactment to be equipped with a radio transmitting installation, or for a land mobile station licence other than a short-term licence	$6 per annum
3 For a fixed station licence other than a short-term licence	$6 per annum
4 For a land station licence other than a short-term licence for a base station	$6 per annum
5 For a short-term licence for a base station, a fixed station, or a land mobile station	$ 1 for each station
6 For an amateur station licence	$3 per annum
7 For a duplicate copy of any licence	$1

FEES PAYABLE IN RESPECT OF CERTIFICATES ISSUED UNDER PART 2 OF THE RADIO REGULATIONS 1972 1

1. For examination
(a) Radiotelegraph operators special certificate	$2
(b) General radiotelephone operators certificate	$2
(c) Restricted radiotelephone operators certificate	$1.50
(d) Land radiotelephone operators certificate	$1
(e) Amateur operators certificate	$0.75
(f) Morse operating only	$0.50
2 For each examination paper in respect of which a recount of marks is undertaken	$0.50
3. For a duplicate copy of a certificate	$0.50

Niue Consolidated Subsidiary Legislation

Radio Regulations 1972