Intelligence and Security Act 2017

  • not the latest version
4 Interpretation

In this Act, unless the context otherwise requires,—

advisory panel means the advisory panel continued by section 167

Auditor-General means the Controller and Auditor-General appointed under section 7 of the Public Audit Act 2001

Chief Commissioner of Intelligence Warrants means the Chief Commissioner of Intelligence Warrants appointed under section 112(2)

Commissioner of Intelligence Warrants means a Commissioner of Intelligence Warrants appointed under section 112(1)

department

(a)

means a department specified in Schedule 1 of the State Sector Act 1988; and

(b)

includes a departmental agency as defined in section 27A of the State Sector Act 1988

Deputy Inspector-General means the Deputy Inspector-General of Intelligence and Security appointed under section 164

designated terrorist entity has the meaning given to it by section 4(1) of the Terrorism Suppression Act 2002

Director-General of an intelligence and security agency means—

(a)

the Director-General of Security:

(b)

the Director-General of the Government Communications Security Bureau

Director-General of Security means the chief executive of the New Zealand Security Intelligence Service

Director-General of the Government Communications Security Bureau means the chief executive of the Government Communications Security Bureau

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

financial year means a period of 12 months commencing on 1 July and ending with 30 June

foreign organisation means—

(a)

a Government of any jurisdiction other than New Zealand:

(b)

an entity controlled by the Government of any jurisdiction other than New Zealand:

(c)

a 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 body corporate incorporated outside New Zealand:

(d)

an unincorporated body of persons—

(i)

that is not a body 50% or more of whose members are New Zealand citizens or permanent residents of New Zealand; and

(ii)

that carries on activities wholly or in part outside New Zealand:

(e)

an international organisation

foreign person means a person who is not—

(a)

a New Zealand citizen; or

(b)

a permanent resident of New Zealand

foreign public agency means any person or body, wherever situated, that performs any public function, duty, or power conferred on that person or body by or under the laws of a foreign country

Government Communications Security Bureau means the Government Communications Security Bureau continued by section 8

human intelligence activities means activities that involve the use of any person to gather intelligence

Human Rights Commissioners means the members of the Human Rights Commission that is continued by section 4 of the Human Rights Act 1993

Independent Police Conduct Authority means the Authority established under section 4 of the Independent Police Conduct Authority Act 1988

information assurance and cybersecurity activities means activities that are carried out proactively or reactively to ensure the availability, confidentiality, and integrity of communications and information infrastructures

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

Inspector-General of Intelligence and Security or Inspector-General means the Inspector-General of Intelligence and Security holding office under section 157

intelligence and security agency means—

(a)

the New Zealand Security Intelligence Service:

(b)

the Government Communications Security Bureau

Intelligence and Security Committee or Committee means the Intelligence and Security Committee continued by section 192

intelligence warrant has the meaning given to it by section 47

ministerial policy statement means a ministerial policy statement issued under section 206, 207, or 208, and includes any amendments made to a statement under section 212

New Zealand citizen means a person who has New Zealand citizenship as provided in—

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 subparagraphs (i), (ii), or (iv); or

(iv)

a body corporate that 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)

a person acting in his or her capacity as a nominee of an overseas person, whether or not that person is also an overseas person

New Zealand Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7

official information has the meaning given to it by section 2(1) of the Official Information Act 1982, and includes security records

Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975

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

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

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

public authority means a person or body that performs or exercises any public function, duty, or power conferred on that person or body by or under the law, and includes—

(a)

an organisation named in—

(i)

Schedule 1 of the Ombudsmen Act 1975; and

(ii)

Schedule 1 of the Official Information Act 1982; and

(b)

a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987; and

(c)

a foreign public agency

security records

(a)

means papers, documents, and records of any kind, and whether bearing a security classification or not, that are 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, and other things that are security records by virtue of paragraph (a) or (b)

signals intelligence means intelligence gathered or derived from communications and information infrastructures

State Services Commissioner means the State Services Commissioner appointed under section 3 of the State Sector Act 1988

Type 1 intelligence warrant has the meaning given to it by section 47

Type 2 intelligence warrant has the meaning given to it by section 47.