Government Communications Security Bureau Act 2003

  • repealed
  • Government Communications Security Bureau Act 2003: repealed, on 28 September 2017, by section 242(3)(c) of the Intelligence and Security Act 2017 (2017 No 10).
4 Interpretation

In this Act, unless the context otherwise requires,—

access, in relation to any information infrastructure, means instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of, the information infrastructure

access authorisation means an authorisation issued under section 15A(1)(b)

Bureau means the Government Communications Security Bureau continued by section 6

communication includes signs, signals, impulses, writing, images, sounds, information, or data that a person or machine produces, sends, receives, processes, or holds in any medium

Director means the chief executive of the Bureau; and includes a person who, under section 10, exercises or performs the functions, duties, or powers of the Director

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 consisting principally of foreign organisations or foreign persons that carry on activities wholly outside New Zealand:

(e)

an international organisation:

(f)

a person acting in his or her capacity as an agent or a representative of any Government, body, or organisation referred to in any of paragraphs (a) to (e)

foreign person means an individual who is neither a New Zealand citizen nor a permanent resident; and includes a person acting in his or her capacity as an agent or a representative of such an individual

incidentally obtained intelligence means intelligence—

(a)

that is obtained in the course of gathering intelligence about the capabilities, intentions, or activities of foreign organisations or foreign persons; but

(b)

that is not intelligence of the kind referred to in paragraph (a)

information infrastructure includes electromagnetic emissions, communications systems and networks, information technology systems and networks, and any communications carried on, contained in, or relating to those emissions, systems, or networks

intercept includes hear, listen to, record, monitor, acquire, or receive a communication, or acquire its substance, meaning, or sense

interception device means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept communications

interception warrant means a warrant issued under section 15A(1)(a)

medium means any form in which communications may be produced, sent, received, processed, or held; and includes electromagnetic, acoustic, or other energy

Minister means the Minister of the Crown who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the Bureau

permanent resident means a person who is, or who is deemed to be, the holder of a residence class visa under the Immigration Act 2009

private communication

(a)

means a communication between 2 or more parties made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

(b)

does not include a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so

serious crime means,—

(a)

in relation to New Zealand, any offence punishable by 2 or more years’ imprisonment; and

(b)

in relation to an overseas country, any offence that, if it occurred in New Zealand, would be an offence punishable by 2 or more years’ imprisonment.

Section 4 access: amended, on 26 September 2013, by section 5(4) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 access authorisation: inserted, on 26 September 2013, by section 5(3) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 communication: amended, on 26 September 2013, by section 5(5) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 computer access authorisation or authorisation: repealed, on 26 September 2013, by section 5(2) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 computer system: repealed, on 26 September 2013, by section 5(2) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 foreign communications: repealed, on 26 September 2013, by section 5(2) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 foreign intelligence: repealed, on 26 September 2013, by section 5(2) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 foreign organisation paragraph (d): amended, on 26 September 2013, by section 5(6) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 incidentally obtained intelligence: inserted, on 26 September 2013, by section 5(3) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 information infrastructure: inserted, on 26 September 2013, by section 5(3) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 interception warrant: amended, on 26 September 2013, by section 5(7) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 network: repealed, on 26 September 2013, by section 5(2) of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 4 permanent resident: amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 4 serious crime paragraph (a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 4 serious crime paragraph (b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).