Government Communications Security Bureau Act 2003

Reprint as at 26 September 2013

Government Communications Security Bureau Act 2003

Public Act2003 No 9
Date of assent1 April 2003
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Government Communications Security Bureau.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Interpretation

5 Act binds the Crown

5A Transitional provisions relating to amendments to Act

Part 2
Organisation, objectives, and functions of Bureau

6 Bureau continued and established as department

7 Objective of Bureau

8 Functions of Bureau

8A Information assurance and cybersecurity

8B Intelligence gathering and analysis

8C Co-operation with other entities to facilitate their functions

8D Principles underpinning performance of Bureau's functions

8E Director has full powers for purpose of performing Bureau's functions

9 Appointment of Director

9A Appointment process

9B Remuneration and conditions of appointment of Director

9C Removal from office

9D Review of performance of Director

10 Acting Director

11 Prohibition on unauthorised disclosure of information

12 Annual report

Part 3
Intercepting communications and accessing information infrastructures

Purpose of Part

13 Purpose of Part

Restrictions imposed on interceptions

14 Interceptions not to target New Zealand citizens or permanent residents for intelligence-gathering purposes

15 Interceptions for which warrant or authorisation required

Authorisations to intercept communications or access information infrastructures

15A Authorisation to intercept communications or access information infrastructures

15B Involvement of Commissioner of Security Warrants

15C Privileged communications

15D Information that interception warrant or access authorisation must contain

15E Warrant or authorisation may authorise persons to assist person giving effect to warrant or authorisation

15F Expiry of warrant or authorisation not to prevent further application

16 Certain interceptions permitted without interception warrant or access authorisation

Interception warrants

[Repealed]

17 Issue of interception warrant [Repealed]

18 Persons acting under warrant [Repealed]

Register of interception warrants and access authorisations

19 Register of interception warrants and access authorisations

Urgent issue of warrants and authorisations

19A Urgent issue of warrants and authorisations

Provisions applicable to warrants, authorisations, and powers under section 16

20 Director’s functions in relation to warrants and authorisations not to be delegated

21 Immunity from civil and criminal liability

22 Term of warrant or authorisation [Repealed]

23 Destruction of irrelevant records obtained by interception

24 Duty to minimise impact of interception on third parties

25 When incidentally obtained intelligence may be retained and communicated to other persons

Protection and disclosure of personal information

25A Formulation of policy on personal information

25B Principles to protect personal information

Part 3A
Transitional provisions relating to amendments to Act

25C Transitional provisions relating to amendments to Act

Part 4
Provisions relating to other enactments

26 Amendment to Crimes Act 1961

27 Amendment to Higher Salaries Commission Act 1977

28 Amendment to Inspector-General of Intelligence and Security Act 1996

29 Amendment to New Zealand Security Intelligence Service Act 1969

30 Amendment to Official Information Act 1982

31 Amendment to Public Finance Act 1989

32 Amendment to Radiocommunications Act 1989

33 Amendments to State Sector Act 1988

34 Certain provisions of State Sector Act 1988 not to apply

35 Revocation

Schedule
Transitional provisions relating to amendments made to Act after 1 January 2013

Reprint notes