New Zealand Security Intelligence Service Act 1969

  • repealed
  • New Zealand Security Intelligence Service Act 1969: repealed, on 28 September 2017, by section 242(3)(a) of the Intelligence and Security Act 2017 (2017 No 10).
4A Issue of intelligence warrant

(1)

The Minister and the Commissioner may jointly issue a domestic intelligence warrant, authorising a person to intercept or seize any communication, document, or thing not otherwise lawfully obtainable by the person, or to undertake electronic tracking, if the Minister and the Commissioner are both satisfied on evidence on oath given by the applicant for the warrant that the conditions specified in subsection (3) apply to the proposed warrant.

(2)

The Minister may issue a foreign intelligence warrant authorising a person to intercept or seize any communication, document, or thing not otherwise lawfully obtainable by the person, or to undertake electronic tracking, if the Minister is satisfied on evidence on oath given by the applicant for the warrant that—

(a)

the conditions specified in subsection (3) apply to the proposed warrant; and

(b)

there are reasonable grounds for believing—

(i)

that no New Zealand citizen or permanent resident is to be identified by the proposed warrant as a person who is to be subject to the warrant; and

(ii)

that any place to be specified in the proposed warrant is occupied by a foreign organisation or a foreign person.

(3)

The conditions referred to in subsections (1) and (2) are that—

(a)

the interception or seizure or electronic tracking to be authorised by the proposed warrant is necessary—

(i)

for the detection of activities prejudicial to security; or

(ii)

for the purpose of gathering foreign intelligence information essential to security; and

(b)

the value of the information sought to be obtained under the proposed warrant justifies the particular interception or seizure or electronic tracking; and

(c)

the information is not likely to be obtained by any other means; and

(d)

any communication sought to be intercepted or seized under the proposed warrant is not privileged in proceedings in a court of law under—

(i)

section 58 or 59 of the Evidence Act 2006; or

(ii)

any rule of law that confers privilege on communications of a professional nature between a lawyer and his or her client.

(3A)

[Repealed]

(3B)

[Repealed]

(3C)

[Repealed]

(3D)

[Repealed]

(3E)

[Repealed]

(4)

An intelligence warrant may be issued only on an application made in writing by the Director or by the person for the time being acting as the Director.

(5)

Before issuing an intelligence warrant in respect of any matter specified in paragraph (b) of the definition of the term security in section 2(1), the Minister must consult the Minister of Foreign Affairs and Trade about the proposed warrant.

(6)

Every person who is an authorised person under an intelligence warrant or a removal warrant, and every person requested under section 4D(2) to assist an authorised person to give effect to a warrant, is justified in exercising any powers conferred on the person by or under this Act for the purpose of giving effect to the warrant, and in taking, or attempting to take, any reasonable action necessarily involved in giving effect to the warrant, in accordance with the terms and conditions of the warrant; and

(a)

no civil or criminal proceedings shall lie against him by reason of his so doing; and

(b)

the issue of the warrant shall not be subject to judicial review under the Judicial Review Procedure Act 2016 or otherwise.

(7)

Where it is necessary to prove in any proceedings in any court that any person was acting at any time pursuant to an intelligence warrant, it shall not be necessary to produce the warrant to the court, but a certificate by the Attorney-General as to any matters specified in the warrant shall be conclusive evidence as to all such matters so certified.

(8)

Subsection (6) is in addition to and not in derogation of any other enactment relating to the execution of warrants.

(9)

This section shall have effect notwithstanding anything to the contrary in any other Act.

(10)

The expiry of an intelligence warrant does not prevent an application under subsection (1) in respect of the same subject matter.

Section 4A: inserted, on 16 November 1977, by section 4 of the New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).

Section 4A heading: amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(1): substituted, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(1): amended, on 13 July 2011, by section 7(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(1): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(2): substituted, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(2): amended, on 13 July 2011, by section 7(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(2): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(2)(b)(i): amended, on 13 July 2011, by section 7(2) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(3): substituted, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(3)(a): amended, on 13 July 2011, by section 7(3) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(3)(b): amended, on 13 July 2011, by section 7(3) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(3)(d)(i): substituted, on 13 July 2011, by section 7(4) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(3A): repealed, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(3B): repealed, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(3C): repealed, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(3D): repealed, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(3E): repealed, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(4): substituted, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(4): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(5): substituted, on 1 September 1999, by section 5 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 4A(5): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(6): amended, on 13 July 2011, by section 7(5) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(6)(b): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).

Section 4A(7): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 4A(10): added, on 1 April 1999, by section 3(8) of the New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

Section 4A(10): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).