Ref: 2223-0523

 

Dear Cody C,

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 14^th September 2022 requesting under the
Official Information Act 1982 (the Act), the following:

“On 4 August 2020, RSM sent an OIA response to a requesters query
surrounding the applicability of s133A Radiocommunications Act 1989 to the
recording and sharing of Air Traffic Control radio voice communications.
The response from RSM stated "Section 133A of the Radiocommunications Act
1989 (the Act)1 prohibits people who receive a radiocommunication, knowing
it was not intended for them, to use, reproduce or disclose its existence.
In essence, the section protects the confidentiality of
radiocommunications.".

 

I have some questions around the applicability of these sections and how
RSM would approach these. There are three scenarios I am thinking of:

 

1. Many aircraft now transmit digital messages using a technology known as
ADS-B unencrypted and for the receipt of any receiver nearby (aircraft or
otherwise). Would s133A also apply to the recording and sharing of ADS-B
messages? Note - many individuals already share this information to flight
tracking websites, for example flightradar24.com.

 

2. Many ships now transmit digital messages using a technology known as
AIS unencrypted and for the receipt of any receiver nearby (ships or
otherwise). Would s133A also apply to the recording and sharing of AIS
messages? Noting that many individuals already share this information to
ship tracking websites, for example vesselfinder.com.

 

3. Some ADS-B & AIS tracking websites procure the above information using
satellite receivers (as opposed to terrestrial receivers). Would s133A
also apply to sattelite receivers?

 

4. It is likely that the satellite receivers would not be operated or
owned by an entity in New Zealand. Would s133A also apply in this
circumstance?

 

5. Can you please clarify if this would mean that in any of the
circumstances documented above RSM would be more likely than not to serve
an infringement notice or file a charging document?”

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.

 

Nâku noa, nâ

 

Ministerial Services

 

Ngâ Pou o te Taumaru

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

NZBN 9429000106078

 

References

Visible links
1. mailto:[MBIE request email]

Tçnâ koe Cody

 

Please find attached the Ministry of Business, Innovation & Employment’s
response to your information request.

 

Ngâ mihi

 

Ministerial Services

Te Whakatairanga Service Delivery

Ministry of Business, Innovation and Employment

15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140

[1]http://mbieintranet/assets/MBIE-visual-i...

 

References

Visible links