New Zealand Legislation: Acts

216F Unlawful disclosure

• (1) An unlawful disclosure is—

  • (a) the intentional and unauthorised disclosure of the existence of an interception warrant to be exercised by a constable if the disclosure would, or is likely to, prejudice an investigation; or

  • (b) the intentional and unauthorised disclosure of—

    • (i) any information gained when undertaking maintenance of a communication service; or

    • (ii) any information gained when assisting with the execution of an interception warrant other than to the agency executing the warrant.

  (2) Despite anything in subsection (1)(b)(i), a person may disclose information to any constable if the information appears to relate to the commission of a crime that has caused or could cause serious harm to any person.

  (3) Every person who makes an unlawful disclosure is liable to imprisonment for a term not exceeding 2 years.

  Section 216F: inserted, on 1 October 2003, by section 14 of the Crimes Amendment Act 2003 (2003 No 39).

  Section 216F(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 216F(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).