New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  Commissioner means the Commissioner of Security Warrants holding office under section 5A

  Commissioner: this definition was amended, as from 16 November 1977, by section 2(2)(a) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50) by substituting the words “holding office” for the word “appointed”.

  Commissioner: this definition was repealed, as from 2 July 1996, by section 2(1)(a) New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

  Commissioner: a new definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Copy includes to copy by any electronic, optical, photographic, or other process

  Copy: this definition was inserted, as from 1 April 1999, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

  Director means the Director of Security holding office under this Act

  Document has the meaning given to it by section 2(1) of the Official Information Act 1982

  Document: this definition was inserted, as from 1 April 1999, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

  Domestic interception warrant means a warrant issued under section 4A(1)

  Domestic interception warrant: this definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Employee, in relation to the Security Intelligence Service, means a person employed as an employee of the Service under paragraph (b) of subsection (1) of section 6 of this Act; and includes a person to whom paragraph (b) of section 9 of this Act applies

  Espionage means any offence against section 78 of the Crimes Act 1961

  Espionage: this definition was substituted, as from 1 July 1983, by section 50 Official Information Act 1982 (1982 No 156).

  Foreign,—

  • (a) In relation to capabilities, intentions, or activities, means controlled, entertained, or undertaken by 1 or more foreign organisations or foreign persons:

  • (b) In relation to intelligence, means intelligence relating to 1 or more foreign organisations or foreign persons:

  Foreign: this definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Foreign interception warrant means a warrant issued under section 4A(2)

  Foreign interception warrant: this definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Foreign organisation means—

  • (a) A government of any country other than New Zealand:

  • (b) An entity controlled by the government of any country other than New Zealand:

  • (c) A company or body corporate that is incorporated outside New Zealand, or any company within the meaning of the Companies Act 1993 that is, for the purposes of the Companies Act 1993, a subsidiary of any company or body corporate incorporated outside New Zealand:

  • (d) An unincorporated body of persons—

    • (i) That is not a body 50% or more of whose members are New Zealand citizens or permanent residents; and

    • (ii) That carries on activities wholly or in part outside New Zealand:

  Foreign organisation: this definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Foreign person means an individual who is neither a New Zealand citizen nor a permanent resident

  Foreign person: this definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Intercept, in relation to any communication not otherwise lawfully obtainable by the person making the interception, includes hear, listen to, record, monitor, or acquire the communication, or acquire the substance, meaning, or purport thereof; and interception has a corresponding meaning

  Intercept: this definition was inserted, as from 16 November 1977, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).

  Interception warrant means a domestic interception warrant or a foreign interception warrant

  Interception warrant: this definition was inserted, as from 16 November 1977, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).

  Interception warrant: this definition was substituted, as from 1 April 1999, by section 2(2) New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

  Interception warrant: this definition was substituted, as from 1 September 1999, by section 2(2) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Minister means the Minister in charge of the New Zealand Security Intelligence Service

  New Zealand Intelligence Council

  [Repealed]

  New Zealand Intelligence Council: this definition was inserted, as from 16 November 1977, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).

  New Zealand Intelligence Council: this definition was repealed, as from 2 July 1996, by section 2(1)(b) New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

  Officer, in relation to the Security Intelligence Service, means a person employed as an officer of the Service under paragraph (a) of subsection (1) of section 6 of this Act; and includes a person to whom paragraph (a) of section 9 of this Act applies

  Officials Committee for Domestic and External Security Coordination means the committee established by the Cabinet on the 23rd day of August 1993

  Officials Committee for Domestic and External Security Coordination: this definition was inserted, as from 2 July 1996, by section 2(2) New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

  Permanent resident means a person who is, or who is deemed to be, the holder of a residence permit under the Immigration Act 1987

  Permanent resident: this definition was inserted, as from 1 September 1999, by section 2(1) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Place includes any land, building, premises, dwellinghouse, vehicle, vessel, or aircraft

  Place: this definition was inserted, as from 1 April 1999, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

  Sabotage means any offence against section 79 of the Crimes Act 1961

  Security means—

  • (a) The protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed within New Zealand:

  • (b) The identification of foreign capabilities, intentions, or activities within or relating to New Zealand that impact on New Zealand's international well-being or economic well-being:

  • (c) The protection of New Zealand from activities within or relating to New Zealand that—

    • (i) Are influenced by any foreign organisation or any foreign person; and

    • (ii) Are clandestine or deceptive, or threaten the safety of any person; and

    • (iii) Impact adversely on New Zealand's international well-being or economic well-being:

  • (d) the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act.

  Security: this definition was amended, as from 16 November 1977, by section 2(2)(b) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50) by inserting the word “terrorism”.

  Security: this definition was substituted, as from 2 July 1996, by section 2(3) New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

  Security: this definition was substituted, as from 1 September 1999, by section 2(2) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).

  Security: paragraph (a) of this definition was amended, as from 31 October 2003, by section 3(1)(a) New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108) by omitting the expression “terrorism,”.

  Security: paragraph (d) of this definition was inserted, as from 31 October 2003, by section 3(1)(b) New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

  Seize, in relation to any communication, document, or thing not otherwise lawfully obtainable by the person making the seizure, includes the taking, removal, or copying of the communication, document, or thing; and seizure has a corresponding meaning

  Seize: this definition was inserted, as from 1 April 1999, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

  State services means the State services as defined in section 2 of the State Sector Act 1988

  State Services: this definition was amended, as from 16 November 1977, by section 2(2)(c) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50) by substituting the words “Armed Forces” for the words “Armed Services”.

  State Services: this definition was substituted, as from 2 July 1996, by section 2(4) New Zealand Security intelligence Service Amendment Act 1996 (1996 No 48).

  Subversion means attempting, inciting, counselling, advocating, or encouraging—

  • (a) The overthrow by force of the Government of New Zealand; or

  • (b) The undermining by unlawful means of the authority of the State in New Zealand:

  Terrorism

  [Repealed]

  Terrorism: this definition was inserted, as from 16 November 1977, by section 2(1) New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).

  Terrorism: this definition was repealed, as from 31 October 2003, by section 3(2) New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

  terrorist act has the same meaning as in of the section 5(1)Terrorism Suppression Act 2002.

  terrorist act: this definition was inserted, as from 31 October 2003, by section 3(2) New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

  The Security Intelligence Service or the Service means the New Zealand Security Intelligence Service.

  (2) Nothing in this Act limits the right of persons to engage in lawful advocacy, protest, or dissent in respect of any matter, and, accordingly, the exercise of that right does not, of itself, justify the Security Intelligence Service in instituting surveillance of any person or entity or any class of person or entity within New Zealand.

  Subsection 2 was inserted, as from 1 September 1999, by section 2(3) New Zealand Security Intelligence Service Amendment (No 2) Act 1999 (1999 No 91).