List of Registered Network Providers under the Telecommunications (Interception Capability and Security) Act 2013
AS Van Wey (Account suspended) made this Official Information request to Ministry of Business, Innovation & Employment
Response to this request is long overdue. By law Ministry of Business, Innovation & Employment should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: AS Van Wey (Account suspended)
Dear Ministry of Business, Innovation & Employment,
I am a New Zealand Citizen.
I am writing to request a complete list of Registered Network Providers, as defined under the Telecommunications (Interception Capability and Security) Act 2013.
If possible, I respectfully request, that the information be provided as follows.
(1) Complete list of Registered Network Providers who have full interception capability, as defined under sections 3, 9 and 10 of the act; and
(2) Complete list of Registered Network Providers who have Lower-level compliance duties; and
(3) List of Government Agencies or State Owned Enterprises that must be compliant with the Act, whether they have registered or not.
Thank you for your assistance.
Kind regards,
AS Van Wey
From: AS Van Wey (Account suspended)
Dear Ministry of Business, Innovation & Employment,
I would like to amend my earlier request to also include copies of all direction and regulations issued under the Telecommunications (Interception Capability and Security) Act 2013, if any exist.
I also ask for a list of network providers or class of network providers who have been granted an exemption from any or all of the requirements under this Act.
Thank you.
AS Van Wey
From: AS Van Wey (Account suspended)
Dear Ministry of Business, Innovation & Employment,
I would like to amend my earlier request to also include copies of all direction and regulations issued under the Telecommunications (Interception Capability and Security) Act 2013, if any exist.
I also ask for a list of network providers or class of network providers who have been granted an exemption from any or all of the requirements under this Act.
Thank you.
AS Van Wey
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2223-0790
Dear AS Van Wey,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your emails of the 16^th of October 2022 requesting under the
Official Information Act 1982 (the Act), the following:
“I am writing to request a complete list of Registered Network Providers,
as defined under the Telecommunications (Interception Capability and
Security) Act 2013. If possible, I respectfully request, that the
information be provided as follows. (1) Complete list of Registered
Network Providers who have full interception capability, as defined under
sections 3, 9 and 10 of the act; and (2) Complete list of Registered
Network Providers who have Lower-level compliance duties; and (3) List of
Government Agencies or State Owned Enterprises that must be compliant with
the Act, whether they have registered or not. On page 8 of the Te koke ki
tçtahi Rautaki Matihiko mô Aotearoa Towards a Digital Strategy for
Aotearoa report, it states that CERT NZ reported they had received 125
complaints of "unauthorized Access" and 203 compliant as "other". Of the
125 reports of "unauthorized access", I respectfully request the copies of
the reports in which the person to have allegedly gained "unauthorized
access" was a government employee. To protect victim, and reputation of
the alleged offender, I do request that information which is considered
personal identification information (e.g., names of individuals or
personal identification numbers) be redacted. However, I respectfully
request that the names of the government agency of the alleged
"unauthorized access" remain visible. For each of the above, I also
request the information on what steps you took to investigate these
alleged breaches and to protect and secure the data which was alleged to
have been accessed wihtout authority. I would like to amend my earlier
request to also include copies of all direction and regulations issued
under the Telecommunications (Interception Capability and Security) Act
2013, if any exist. I also ask for a list of network providers or class of
network providers who have been granted an exemption from any or all of
the requirements under this Act.”
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, or its urgency, feel
free to contact us via email at [1][MBIE request email].
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
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1. mailto:[MBIE request email]
From: *OIA
Ministry of Business, Innovation & Employment
Kia ora,
Thank you for your email regarding the registered network providers under
the Telecommunications (Interception Capability and Security) Act. The
Ministry is working on a response to your request. I am writing to clarify
your request for information on “unauthorised access” reports received by
CERT NZ.
CERT NZ is a business unit tasked with providing cyber security advice and
information to help New Zealanders improve their cyber security. This role
includes receiving reports of incidents and helping those affected to
recover. The reports that are listed as involving “unauthorised access”
are related to cyber security incidents that a business, organisation, or
individual has been affected by. For example, someone obtaining access to
an organisation’s email account and using this to impersonate the
organisation.
As such, any reports that have been received will be about unauthorised
access to a computer system or network. CERT NZ does not monitor or engage
in any assessment of activities undertaken under the Telecommunications
(Interception Capability and Security) Act.
Given that the substance of your request is in relation to the use of
powers contained in the Telecommunications (Interception Security and
Capability) Act, could you please confirm whether you still wish to
request copies of the reports to CERT NZ in which the person to have
allegedly gained "unauthorized access" was a government employee?
If you could please respond to our clarification request at your earliest
convenience, but no later than 2 November 2022, that would be greatly
appreciated. Alternatively, please feel free to contact us at
[1][MBIE request email] to discuss further.
Ngâ mihi
Ministerial Services
Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[2]http://mbieintranet/assets/MBIE-visual-i...
References
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1. mailto:[MBIE request email]
From: *OIA
Ministry of Business, Innovation & Employment
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Kia ora,
Please find attached a letter from the Ministry of Business, Innovation &
Employment’s in response to your Official Information Act request,
notifying you of a partial transfer.
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
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From: Ministerial Services
Tēnā koe AS Van Wey
I acknowledge receipt of your Official Information Act 1982 (OIA) request
(below), received by Police on 27 October 2022.
Police will be responding to questions 1, 2, 3, 6, 7.
Your reference number is IR-01-22-33208.
You can expect a response to your request on or before 24 November 2022
unless an extension is needed.
Ngā mihi
Catherine
Ministerial Services
Police National Headquarters
I am a New Zealand Citizen.
I am writing to request a complete list of Registered Network Providers,
as defined under the Telecommunications (Interception Capability and
Security) Act 2013.
If possible, I respectfully request, that the information be provided as
follows.
(1) Complete list of Registered Network Providers who have full
interception capability, as defined under sections 3, 9 and 10 of the act;
and
(2) Complete list of Registered Network Providers who have Lower-level
compliance duties; and
(3) List of Government Agencies or State Owned Enterprises that must be
compliant with the Act, whether they have registered or not.
(4) On page 8 of the Te koke ki tētahi Rautaki Matihiko mō Aotearoa
Towards a Digital Strategy for Aotearoa report, it states that CERT NZ
reported they had received 125 complaints of "unauthorized Access" and 203
compliant as "other". Of the 125 reports of "unauthorized access", I
respectfully request the copies of the reports in which the person to have
allegedly gained "unauthorized access" was a government employee. To
protect victim, and reputation of the alleged offender, I do request that
information which is considered personal identification information (e.g.,
names of individuals or personal identification numbers) be redacted.
However, I respectfully request that the names of the government agency of
the alleged "unauthorized access" remain visible.
(5) For each of the above, I also request the information on what steps
you took to investigate these alleged breaches and to protect and secure
the data which was alleged to have been accessed wihtout authority.
I would like to amend my earlier request to also include:
(6) copies of all direction and regulations issued under the
Telecommunications (Interception Capability and Security) Act 2013, if any
exist.
(7) I also ask for a list of network providers or class of network
providers who have been granted an exemption from any or all of the
requirements under this Act.
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
From: AS Van Wey (Account suspended)
Dear Ministerial Services,
You had asked if I still wanted the information requested in 4 & 5. Yes, I do.
Again, in terms of the 125 reports of "unauthorized access"; I only request those where the "unauthorized access" was allegedly done by a government employee. For instance, not the unknown hacker of Waikato DHB. I also requested that all personal identifying information, such as the alleged victim and offender, be redacted to protect the individuals.
To clarify my request (5), in the event that CERT NZ did not investigate the alleged "unauthorized access", then I request the name of the agency who did.
Yours sincerely,
AS Van Wey
From: Ministerial Services
Tēnā koe AS Van Wey
The Ministry of Business, Innovation and Employment (MBIE) emailed you (27 October 2022 - MBIE reference DOIA 2223-0790) notifying you that they had transferred questions 1, 2, 3, 6, 7 to New Zealand Police (Police) in accordance with section 14 of the Act. This transfer is occurring because the Ministry believes that the information requested is more closely aligned with the functions of Police.
This being so, Police will respond to those specific questions and you will likely hear from MBIE regarding the others.
Apologies for the confusion.
Kind regards
Catherine
Advisor: Ministerial Services
Police National Headquarters
show quoted sections
From: AS Van Wey (Account suspended)
Dear Ministerial Services,
Thank you for your response; however, it has not addressed my request numbers 4 & 5.
Yours sincerely,
AS Van Wey
From: Ministerial Services
Kia ora
Questions 4 & 5 will be responded to by MBIE (reference DOIA 2223-0790) as explained below. You will need to contact MBIE in relation to question 4 & 5,
Kind regards
Catherine
Advisor: Ministerial Services
Police National Headquarters
show quoted sections
From: AS Van Wey (Account suspended)
Dear Ministerial Services,
My initial request was submitted to MBIE.
Yours sincerely,
AS Van Wey
From: *OIA
Ministry of Business, Innovation & Employment
Kia ora AS Van Wey,
Please find attached the Ministry of Business, Innovation & Employment’s
response to your Official Information Act 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
From: Ministerial Services
Tēnā koe As
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 27 October 2022.
Please accept our apologies for the delay in providing you with this
response.
Ngā mihi
Dylan
Dylan
Advisor | Ministerial Services | Police National Headquarters
[1]wordmark transparent
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
References
Visible links
From: AS Van Wey (Account suspended)
Dear Ministerial Services,
I was quite confused by one of your responses, and would like to give you an opportunity to seek further information to ensure you have give me and the public accurate information. I placed two complaints about a government employee gaining unauthorized and unlawful access to my private communications, as they were intercepting these communications without my consent or the consent of the intended recipient. I also am aware of one other person who had lodged a complaint with the Ministry of Health, and have copies of letters from the agency to the NZ Police about the matter. However, in that correspondence, the lawyer for the agency misled the police in their response.
Since there have been at least two people who have complained, your answer of zero is inaccurate. Now the question is how many other people have had their personal communications intercepted unlawfully (i.e, intercepted without their consent or the consent of the intended recipient or a lawful warrant). I have also made multiple complaints of unauthorized accesses to my medical information, including multiple employees of Health NZ accessing my medical records without my consent when I had not received care at their facilities and wasn't even present in NZ.
Thus, I ask that you please amend your response to include accurate information.
Yours sincerely,
AS Van Wey
From: Ministerial Services
The Police Ministerial Services mailbox will not be monitored between 24
December 2022 - 5 January 2023.
For emergencies, please contact 111.
From: Ministerial Services
Morena,
I have forwarded your query to the workgroup that responded to the request and have asked that they contact you directly with further clarification.
Kind regards, Michelle
Ministerial Services Advisor
NZ Police National Headquarters Wellington
show quoted sections
From: Ministerial Services
Kia ora Ms Van Wey
I have forwarded your query to the workgroup that wrote the OIA response, who advise they have nothing further to add regarding the response provided.
If you are unhappy with the response provided, you have the right to seek an investigation and review by the Ombudsman. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
If your complaint relates to activity of Police staff, you can express your dissatisfaction or make a complaint at the following link https://www.police.govt.nz/contact-us/gi....
Kind regards, Michelle
Ministerial Services Advisor
NZ Police National Headquarters Wellington
show quoted sections
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