File No. DOIA 2122-1279
17 December 2021
Cody C
[FYI request #17916 email]
Dear Cody
Thank you for your email of 11 December 2021 requesting the fol owing under the Official Information Act 1982
(the Act):
In the context of “Radiocommunications Regulations (Prohibited Equipment – Unrestricted Two Way Radio)
Notice 2018”, specifical y the fol owing section:
“Radio equipment or part thereof capable of being front panel or computer programmed by the user onto
any frequency outside the frequency range prescribed in the amateur radio licence or replacement thereof
, including, but not limited to, the fol owing makes and models:
Baofeng
Wouxun
Pofung”
Does the inclusion of “including, but not limited to” in the above notice, or more broadly, extend to mean
that a software defined radio (SDR) may also be prohibited?
While Software Defined Radios (SDR) are capable of being computer programmed to a broad range of frequencies,
they are not in the scope of the Radiocommunications Regulations (Prohibited Equipment – Unrestricted Two-Way
Radio) Notice 2018. The intention of the prohibition notice is to limit the supply of radio devices which can easily be
programmed to licensed frequencies via the front panel.
However, suppliers and users of SDRs need to be aware that they must meet the frequency and compliance
requirements as outlined in the Radiocommunications Act 1989, the Radiocommunications Regulations 2001, and
the associated gazette notices. This includes ensuring the equipment only transmits in accordance with the
conditions of a licence and that the equipment meets the applicable radio standard that is prescribed for that use.
Failure to meet these conditions is a breach against the Radiocommunications Act 1989 and may result in
enforcement action taken against the user or supplier.
If you have any further questions, please feel free to contact Radio Spectrum Management on 0508 RSM INFO.
You have the right to seek an investigation and review by the Ombudsman of this response. The relevant details can
be found at
: www.ombudsman.parliament.nz.
Yours sincerely
Fadia Mudafar
National Manager, Radio Spectrum Management
Te Whakatairanga Service Delivery
15 Stout Street, PO Box 1473, Wel ington 6140 New Zealand
E [email address]
T +64 4 472 0030
W www.mbie.govt.nz