Radiocommunications Amendment Act 2000

46 New section 133A inserted
  • The principal Act is amended by inserting, after section 133, the following section:

    133A Offence to disclose contents of radiocommunications
    • (1) Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—

      • (a) makes use of the radiocommunication or any information derived from that radiocommunication; or

      • (b) reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or

      • (c) discloses the existence of the radiocommunication.

      (2) Subsection (1) does not apply to any radiocommunications intercepted—

      • (a) by the Secretary for the purpose of ensuring compliance with this Act; or

      • (b) by a member of the police, a Customs officer, or any other class of law enforcement official listed in regulations made under this Act for the purpose of avoiding prejudice to the maintenance of the law, including the detection, prevention, investigation, prosecution, and punishment of offences; or

      • (c) by an officer or employee of—

        • (i) the New Zealand Security Intelligence Service, for the purpose of obtaining intelligence relevant to security; or

        • (ii) the Government Communications Security Bureau, for the purpose of obtaining foreign intelligence; or

      • (d) by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d) of the Defence Act 1990; or

      • (e) by a person acting under, and in accordance with, any authority conferred on him or her by or under—

        • (i) Part I of the Telecommunications Act 1987; or

        • (ii) the New Zealand Security Intelligence Service Act 1969; or

        • (iii) the Misuse of Drugs Amendment Act 1978; or

        • (iv) the International Terrorism (Emergency Powers) Act 1987.

      (3) For the purposes of this section,—

      foreign intelligence means information relating to the capabilities, intentions, or activities of—

      • (a) any foreign state or group of foreign states; or

      • (b) any foreign organisation; or

      • (c) any foreign person

      foreign organisation means—

      • (a) any company or body corporate that is incorporated outside New Zealand; or

      • (b) any company within the meaning of the Companies Act 1955 or the Companies Act 1993, as the case may be, that is, for the purposes of the Companies Act 1955 or the Companies Act 1993, a subsidiary of any company or body corporate incorporated outside New Zealand; or

      • (c) any unincorporated body of persons that carries on activities outside New Zealand (not being an unincorporated body of persons that is a New Zealand person under paragraph (a)(iii) of the definition of New Zealand person in section 2(1) of the Inspector-General of Intelligence and Security Act 1996)

      foreign person means a natural person who is neither—

      • (a) a New Zealand citizen; nor

      • (b) a person ordinarily resident in New Zealand

      ordinarily resident in New Zealand has the meaning given to it by section 4 of the Crimes Act 1961

      security has the same meaning as in section 2 of the New Zealand Security Intelligence Service Act 1969.

      (4) Subsection (2) does not authorise the interception of any private communications within the meaning of section 216A of the Crimes Act 1961 without an interception warrant and in accordance with that section.