Inspector-General of Intelligence and Security Act 1996

  • repealed
  • Inspector-General of Intelligence and Security Act 1996: repealed, on 28 September 2017, by section 242(2) of the Intelligence and Security Act 2017 (2017 No 10).
2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

advisory panel means the advisory panel established by section 15A

chief executive,—

(a)

in relation to the New Zealand Security Intelligence Service, means the Director of Security holding office under the New Zealand Security Intelligence Service Act 1969:

(b)

in relation to the Government Communications Security Bureau, means the Director of that Bureau:

(c)

in relation to an agency that, by virtue of an Order in Council made under subsection (2), is an intelligence and security agency for the purposes of this Act, means the chief executive of that agency

Deputy Inspector-General means the Deputy Inspector-General of Intelligence and Security holding office under section 5

employee, in relation to an intelligence and security agency, means a person employed in any capacity in that agency

Inspector-General means the Inspector-General of Intelligence and Security holding office under section 5

intelligence and security agency means—

(a)

the New Zealand Security Intelligence Service:

(b)

the Government Communications Security Bureau:

(c)

any other agency declared by the Governor-General from time to time by Order in Council as an intelligence and security agency for the purposes of this Act

Intelligence and Security Committee means the Intelligence and Security Committee established by section 5 of the Intelligence and Security Committee Act 1996

Minister means, in relation to an intelligence and security agency, the Minister of the Crown responsible for that intelligence and security agency

New Zealand person

(a)

means any person, being—

(i)

a New Zealand citizen; or

(ii)

a person ordinarily resident in New Zealand; or

(iii)

an unincorporated body of persons, being a body of which more than 50% of the members are New Zealand persons under subparagraph (i) or subparagraph (ii); or

(iv)

a body corporate which is incorporated in New Zealand; but

(b)

does not include—

(i)

any company within the meaning of the Companies Act 1993 that is, for the purposes of that Act, a subsidiary of any body corporate incorporated outside New Zealand; or

(ii)

any company within the meaning of the Companies Act 1993, or building society, in which—

(A)

25% or more of any class of shares is held by any overseas person or overseas persons; or

(B)

the right to exercise or control the exercise of 25% or more of the voting power at any meeting of the company or building society is held by any overseas person or overseas persons; or

(iii)

any nominee of an overseas person, whether or not the nominee is also an overseas person

New Zealand Security Intelligence Service means the New Zealand Security Intelligence Service referred to in section 3 of the New Zealand Security Intelligence Service Act 1969

official information means official information as defined in section 2(1) of the Official Information Act 1982; and includes security records

Ombudsman means an Ombudsman holding office under the Ombudsmen Act 1975

overseas person has the meaning given to it by section 7 of the Overseas Investment Act 2005

Privacy Commissioner means the Privacy Commissioner appointed under section 12 of the Privacy Act 1993

security records

(a)

means all papers, documents, or records of any kind whatsoever, whether bearing a security classification or not, officially made or received—

(i)

by an intelligence and security agency in the conduct of its affairs; or

(ii)

by any employee of an intelligence and security agency in the course of that employee’s official duties; and

(b)

includes registers, books, maps, plans, drawings, photographs, cinematographic films, sound recordings, and electronic storage media made or received by an agency or employee of the kind described in paragraph (a); and

(c)

includes copies of papers, documents, records or other things that are security records by virtue of paragraph (a) or paragraph (b).

(2)

The Governor-General may from time to time by Order in Council declare any agency to be an intelligence and security agency for the purposes of this Act.

(3)

An Order in Council made under subsection (2) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 2(1) advisory panel: inserted, on 26 September 2013, by section 4 of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 2(1) Deputy Inspector-General: inserted, on 26 September 2013, by section 4 of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 2(1) Intelligence and Security Committee: inserted, on 26 September 2013, by section 4 of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 2(1) New Zealand person paragraph (b)(i): replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) New Zealand person paragraph (b)(ii): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) overseas person: amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

Section 2(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).