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375 posts

Ultimate Geek

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# 261613 6-Dec-2019 10:12
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Is changing in IMEI number really, actually illegal in NZ? I've read plenty of alarmist comments around the web & over time claiming it to be so, but never found evidence of. I've never heard of a prosecution, here or anywhere else.

I've searched the NZ laws & statutes database but cannot find one mention of it & casually enquired twice with lawyers - neither could find reference to such a law. Of course not being able to find a statute doesn't make an action legal.

Having seen it mentioned so many times online, I'd like to know the reality - does anybody have a definitive source for the claim? Or is it just FUD?




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  # 2369472 6-Dec-2019 10:15
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Only 1 reason why someone would need to change a IMEI as the IMEI is black listed

So high chance stolen hardware



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  # 2369477 6-Dec-2019 10:21
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Not entirely true. Finance companies, although it's misuse of the database, will blacklist phones that haven't had finance obligations completed.

Police auctions sell blacklisted handsets - at this point they are no longer stolen.

But please, I'm not asking for reasons why a phone is blacklisted. The question posed is entirely separate.




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  # 2369483 6-Dec-2019 10:39
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1024kb: Is changing in IMEI number really, actually illegal in NZ? I've read plenty of alarmist comments around the web & over time claiming it to be so, but never found evidence of. I've never heard of a prosecution, here or anywhere else.

I've searched the NZ laws & statutes database but cannot find one mention of it & casually enquired twice with lawyers - neither could find reference to such a law. Of course not being able to find a statute doesn't make an action legal.

Having seen it mentioned so many times online, I'd like to know the reality - does anybody have a definitive source for the claim? Or is it just FUD?

 

Would it be a telco decision (ie: supplier of the phone) or manufacturer as well - might be something tucked away in the fine print that says you wont modify the phone in any way.

 

And changing the IMEI would be a breach of that.... but as for being illegal, I wouldnt think so, just a breach in T&C's.

 

 





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  # 2369487 6-Dec-2019 10:47
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1024kb: Is changing in IMEI number really, actually illegal in NZ? I've read plenty of alarmist comments around the web & over time claiming it to be so, but never found evidence of. I've never heard of a prosecution, here or anywhere else.

I've searched the NZ laws & statutes database but cannot find one mention of it & casually enquired twice with lawyers - neither could find reference to such a law. Of course not being able to find a statute doesn't make an action legal.

Having seen it mentioned so many times online, I'd like to know the reality - does anybody have a definitive source for the claim? Or is it just FUD?

 

IANAL bit If it ever went to a court you would likely be charged with "deception" under the Crimes Act,

 

but as others have said it also a likely breech of T+C so a civil action would be more likely as the threshold is lower...

 

http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM330275.html

 

(2) In this section, deception means—

 

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—

 

(i) knows that it is false in a material particular; or

 

(ii) is reckless as to whether it is false in a material particular; or

 

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

 

(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

 

 

 

 

 

 

 

 


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  # 2369558 6-Dec-2019 12:58
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1024kb: Police auctions sell blacklisted handsets - at this point they are no longer stolen. .


No they don't. They don't auction off phones because they're not permitted to as they do/can/could contain personal information.




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  # 2369577 6-Dec-2019 13:47
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sbiddle:
1024kb: Police auctions sell blacklisted handsets - at this point they are no longer stolen. .


No they don't. They don't auction off phones because they're not permitted to as they do/can/could contain personal information.



That's odd, I've purchased phones @ police auctions conducted by Webbs.




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  # 2369589 6-Dec-2019 13:57
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I have seen a lot of crap used phones in the display case at throntons auctions when picking up other stuff, not 100% certain it was from the police auction or one of the others. But there are lots of phones sold at those auctions anyway and its impossible to get the un blacklisted (friend tried) and ended up sending to his brother overseas to use.





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  # 2369592 6-Dec-2019 14:02
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It's not impossible. Change the IMEI & it's not blacklisted any longer. The purpose of the OP is to establish whether or not this is really, actually, illegal in NZ. So far the evidence points towards it not being specifically illegal.

Waiting on more info...




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  # 2369593 6-Dec-2019 14:03
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sbiddle:
1024kb: Police auctions sell blacklisted handsets - at this point they are no longer stolen. .


No they don't. They don't auction off phones because they're not permitted to as they do/can/could contain personal information.

 

 

 

I've seen them at their auctions before and remember this article from earlier in the year. 

 

 

 

https://www.stuff.co.nz/national/113078386/millions-mount-up-at-nzs-lost-phone-graveyard

 

 

 

"If they're not claimed, eventually the phones are either wiped of personal information and sold at auction, given back to the finder or destroyed. "

 

 

 

sorry OP cant answer your question.


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