Intelligence and Security Act 2017

  • not the latest version
202 Meaning of sensitive information

(1)

In sections 203 and 204, sensitive information means information of a kind specified in subsection (2) that, if disclosed, would be likely—

(a)

to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(b)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—

(i)

the Government of any other country or any agency of such a Government; or

(ii)

any international organisation; or

(c)

to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or

(d)

to endanger the safety of any person.

(2)

The kinds of information are as follows:

(a)

information that might lead to the identification of, or contain details of,—

(i)

sources of information available to an intelligence and security agency; or

(ii)

other assistance or operational methods available to an intelligence and security agency; and

(b)

information about particular operations that have been undertaken, or are being or are proposed to be undertaken, in performing any of the functions of an intelligence and security agency; and

(c)

information that has been provided to an intelligence and security agency by another department or agency of the Government of New Zealand and is information that cannot be disclosed by the intelligence and security agency without the consent of the department or agency of the Government of New Zealand that provided that information; and

(d)

information that has been provided to an intelligence and security agency by the Government of any other country or by an agency of such a Government and is information that cannot be disclosed by the intelligence and security agency without the consent of the Government or agency that provided that information.