78AA Wrongful communication, retention, or copying of classified information

(1)

Every person specified in subsection (2) is liable to imprisonment for a term not exceeding 5 years if the person, within or outside New Zealand,—

(a)

knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any classified information to any other person; or

(b)

knowing that he or she is acting without proper authority, retains or copies any classified information; or

(c)

knowingly fails to comply with any directions issued by a lawful authority for the return of any classified information that is in his or her possession or under his or her control.

(2)

Subsection (1) applies to—

(a)

a person who holds, or has held, a government-sponsored national security clearance to access classified information; or

(b)

a person to whom classified information has been disclosed in confidence if—

(i)

the disclosure is authorised; and

(ii)

the person knows that the disclosure is in respect of classified information.

(3)

In this section,—

classified information means—

(a)

information that—

(i)

is, or was, official information; and

(ii)

is classified under the New Zealand Government Security Classification System as being accessible only to persons who have a national security clearance:

(b)

foreign government information that is—

(i)

classified in a foreign country; and

(ii)

accessible only to persons having a government-sponsored national security clearance

New Zealand Government Security Classification System means the security classification system applying to official information that is published (and from time to time amended) on an Internet site maintained by or on behalf of the New Zealand Security Intelligence Service

official information has the meaning given to it by section 78A(2).

Section 78AA: inserted, on 28 September 2017, by section 254 of the Intelligence and Security Act 2017 (2017 No 10).