Tauranga man Elvis Johnstone fined $2250 for for using illegal radio transmitter on police channels

A Baofeng UV-5R two-way radio.

A Tauranga man has been fined $2250 in the Tauranga District Court for offences relating to the possession of unlicensed radiocommunication equipment, which he set to a frequency used by police, MBIE's Radio Spectrum Management says.

Elvis Johnstone was stopped by Police in Whangarei on August 24 last year.

On searching Johnstone's car, police located a Baofeng UV-5R two-way radio. When switched on, the device was set to the same frequency as the Northland Police channel.

Charges were laid by Radio Spectrum Management (RSM) under sections 113 and 114 of the Radiocommunications Act 1989.

Judge Harding imposed a fine of $3000, discounted by 25% for early guilty plea resulting in a fine of $2250 plus court costs.

National Manager for Radio Spectrum Management Fadia Mudafar said that disregard of the licensing framework has the potential to cause serious harm to radio communications.

"It is particularly important that Radio Spectrum Management protects safety and enforcement agencies' communication networks. Malicious and harmful interference by unlicensed transmitters is very serious and we hope that this prosecution highlights the consequences of not following rules."

Since this event, Radio Spectrum Management has taken further steps to stop unlicensed radio use. In October 2018 the Radiocommunications Regulations (Prohibited Equipment – Unrestricted Two Way Radio) Notice 2018 was introduced.

This notice prohibits the import, sale, and distribution of unrestricted two-way radio equipment, other than by a permitted person.