Intelligence and Security Act 2017

  • This version was replaced on 16 October 2017 to make corrections to Schedule 4 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.

Reprint as at 22 August 2017

Coat of Arms of New Zealand

Intelligence and Security Act 2017

Public Act
 
2017 No 10
Date of assent
 
28 March 2017
Commencement
 
see section 2
Note

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

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

This Act is administered by the Department of the Prime Minister and Cabinet.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Transitional, savings, and related provisions
6Act binds the Crown
7New Zealand Security Intelligence Service
8Government Communications Security Bureau
9Objectives of intelligence and security agencies
10Intelligence collection and analysis
11Protective security services, advice, and assistance
12Information assurance and cybersecurity activities
13Co-operation with other public authorities to facilitate their functions
14Co-operation with other entities to respond to imminent threat
15Additional functions
16Functions of intelligence and security agencies do not include enforcement
17General duties applying when intelligence and security agency performing functions
18Specific duties of Director-General of an intelligence and security agency
19Activities of intelligence and security agency not to limit freedom of expression
20Director-General of an intelligence and security agency to consult Leader of the Opposition
21Purpose of subpart
22Interpretation
23Assumed identity may be acquired, used, and maintained
24Use of assumed identity
25Request for assistance to acquire, use, and maintain assumed identity
26Assistance to acquire, use, and maintain assumed identity
27Cancellation of evidence of assumed identity
28Provisions do not require destruction of certain information
29Non-compliance with enactments, policies, and practices
30Restrictions on access to information about process for obtaining assistance, etc
31Immunity of persons assisting and of employee of agency in making false documents
32Immunity of authorised persons
33Purpose of subpart
34Interpretation
35Request for corporate identity, status, etc
36Conferring corporate identity, status, etc
37Maintaining corporate identity, status, or capacity
38Dissolution or deregistration, etc, of entity
39Provisions do not require destruction of certain information
40Non-compliance with enactments, policies, and practices
41Restrictions on access to information about process for obtaining assistance, etc
42Entity or officer exempt from complying with legal requirements, etc
43Immunity of persons complying with request or direction
44Immunity of entity
45Register of assumed identities and legal entities created or maintained
46Purpose of Part
47Interpretation
48Authorisation not required to carry out lawful activity
49Authorisation required to carry out otherwise unlawful activity
50Duty to act only as authorised
51Request for assistance to give effect to authorisations
52Types of intelligence warrant
53Type 1 intelligence warrant
54Type 2 intelligence warrant
55Application for issue of intelligence warrant
56Joint application for intelligence warrant
57Issue of Type 1 intelligence warrant
58Issue of Type 1 intelligence warrant to contribute to protection of national security
59Issue of Type 1 intelligence warrant to contribute to New Zealand’s international relations or economic well-being
60Issue of Type 2 intelligence warrant
61Additional criteria for issue of intelligence warrant
62Issue of joint intelligence warrant
63Minister of Foreign Affairs to be consulted in relation to issue of intelligence warrants in certain cases
64Intelligence warrants may be issued subject to restrictions or conditions
65Term of intelligence warrant
66Matters required to be stated in intelligence warrant
67Authorised activities
68Powers of New Zealand Security Intelligence Service acting under intelligence warrant
69Powers of Government Communications Security Bureau under intelligence warrant
70Privileged communications or privileged information
71Urgent issue of Type 1 intelligence warrant
72Urgent issue of Type 2 intelligence warrant
73Reasons for urgent issue of intelligence warrant to be recorded
74Intelligence warrant issued under section 71 revoked unless confirmed
75Intelligence warrant issued under section 72 revoked unless confirmed
76Information to be destroyed if intelligence warrant issued under section 71 or 72 revoked
77Intelligence warrants issued under section 71 or 72 to be referred to Inspector-General
78Very urgent authorisations by Director-General of intelligence and security agency
79Authorisation given under section 78(2)(a) effective as Type 1 intelligence warrant
80Authorisation given under section 78(2)(b) effective as Type 2 intelligence warrant
81Information to be destroyed if authorisation given under section 78 revoked
82Authorisations given under section 78 to be referred to Inspector-General
83Register of intelligence warrants
84Amendment and revocation of intelligence warrants
85Issue of removal warrant to retrieve previously installed devices
86Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases
87Powers of New Zealand Security Intelligence Service acting under removal warrant
88Types of practice warrant
89Testing warrant
90Training warrant
91Application for issue of practice warrant
92Criteria for issue of practice warrant
93Issue of practice warrant
94Minister of Foreign Affairs to be consulted in relation to issue of practice warrants in certain cases
95Practice warrants may be issued subject to restrictions or conditions
96Term of practice warrant
97Matters to be stated in practice warrant
98Authorised activities
99Powers of New Zealand Security Intelligence Service acting under practice warrant
100Powers of Government Communications Security Bureau acting under practice warrant
101Report on practice warrant activities
102Destruction of unauthorised information
103Destruction of irrelevant information
104Retention of incidentally obtained information
105Physical items seized to be returned after search or analysis
106Offence to provide false or misleading information
107Failure to destroy information
108Unlawful use or disclosure of information
109Unlawful disclosure of acquired information
110Immunities from criminal liability in relation to obtaining intelligence warrant
111Immunities from criminal liability in relation to carrying out authorised activity
112Appointment of Commissioners
113Eligibility for appointment
114Functions of Commissioners
115Additional functions of Chief Commissioner of Intelligence Warrants
116Delegation of functions of Chief Commissioner of Intelligence Warrants
117Administrative provisions relating to Commissioners
118Interpretation
119Relationship between this Part and other law relating to information disclosure
120Purpose of subpart
121Requests for information
122Disclosure of information to intelligence and security agency
123Register of section 122 certificates
124Purpose of subpart
125Direct access to certain information
126Matters to which Ministers must have regard before entering into direct access agreement
127Consultation with Privacy Commissioner before entering into direct access agreement
128Consultation with Inspector-General before entering into direct access agreement
129Content of direct access agreements
130Variation of direct access agreement
131Publication of direct access agreements
132Review of agreements
133Relationship between subpart and other law
134Purpose of subpart
135Meaning of restricted information
136Application for permission to access restricted information
137Permission to access restricted information granted on application made under section 136(2)(a)
138Permission to access restricted information granted on application made under section 136(2)(b)
139Further criteria for permitting access to restricted information
140Permission must specify restricted information that may be accessed
141Access to restricted information must be provided if permitted
142Use, retention, and disclosure of restricted information
143Purpose of subpart
144Interpretation
145Application for approval to obtain business records
146Joint application for approval
147Approval to obtain business records
148Duration of approval
149Amendment and revocation of approvals
150Director-General of intelligence and security agency may issue business records direction
151Compliance with business records direction
152Business records to be destroyed if not required by intelligence and security agency
153Register of business records directions
154Subpart does not create any new obligation to create or maintain records
155Relationship between subpart and other law
156Purpose of Part
157Appointment of Inspector-General
158Functions of Inspector-General
159Inspector-General to prepare and publish annual work programme
160Disclosures to Inspector-General or Deputy Inspector-General
161Consultation by Inspector-General
162Jurisdiction of courts and other agencies not affected
163Reviews relating to authorisations and authorised activities
164Appointment of Deputy Inspector-General
165Functions, duties, and powers of Deputy Inspector-General
166Administrative provisions relating to offices of Inspector-General and Deputy Inspector-General
167Advisory panel
168Functions of advisory panel
169Membership of advisory panel
170Administrative provisions relating to advisory panel
171Complaints that may be made to Inspector-General
172Form of complaint
173Procedure on receipt of complaint
174Inspector-General may decide not to inquire or continue to inquire into complaint
175Commencing of inquiry
176Evidence
177Evidence of breach of duty or misconduct by employee of intelligence and security agency
178Power to summon persons
179Power to require information and documents
180Disclosure of information may be required despite obligation of secrecy
181Protection and privileges of witnesses
182Information disclosed to Inspector-General privileged
183Inspector-General, etc, not compellable witnesses
184Power of entry
185Inspector-General to prepare report on completion of inquiry
186Advice on compliance with Inspector-General’s recommendations
187Minister to respond to Inspector-General’s report
188Publication of Inspector-General’s report
189Return of documents, etc, after inquiry
190Proceedings not to be questioned or reviewed
191Offence to publish information relating to inquiry
192Intelligence and Security Committee
193Functions of Committee
194Membership of Committee
195Filling vacancy in membership of Committee
196Endorsement of nominated members
197Committee not to transact business until nominated members endorsed
198Chairperson of Committee
199Privilege
200Administrative provisions relating to Committee
201Attendance before Committee
202Meaning of sensitive information
203Provision of information to Committee
204Secrecy of information disclosed to Committee
205Committee’s records may be copied to House of Representatives
206Issue of ministerial policy statements
207Issue of ministerial policy statements relating to co-operating, etc, with overseas public authorities
208Issue of additional ministerial policy statements
209Effect of ministerial policy statement
210Content of ministerial policy statements
211Consultation on proposed ministerial policy statements
212Amending, revoking, or replacing ministerial policy statements
213Ministerial policy statements applying to both intelligence and security agencies
214Duration of ministerial policy statement
215Publication of ministerial policy statements
216Status of ministerial policy statements
217Powers in relation to security records
218Disclosure of information relating to activities of intelligence and security agency
219Duty of confidentiality
220Use of information provided for security clearance assessment
221Annual reports of intelligence and security agencies
222Annual report of Inspector-General
223Annual report of Intelligence and Security Committee
224Restrictions on reports to House of Representatives
225Obstructing, hindering, resisting, or deceiving Inspector-General
226Personation
227Restriction on publication and broadcasting of information regarding employees
228Employee may make false or misleading representations about employment
229Protections relating to representations about identity
230Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances
231Exceptions to Land Transport (Road User) Rule 2004
232Burden of proof to establish immunity and relationships between immunities
233Functions of Chief Executive of DPMC in relation to intelligence and assessments
234Duty to act independently
235Requirement to hold periodic reviews
236Appointment of reviewers and related matters
237Provision of information
238Report of reviewers
239Remuneration of reviewers
240Provision of administrative and other support
241Reviewers to determine own procedure
242Repeals
243Amendments to Biosecurity Act 1993
244Section 142I amended (Disclosure of personal information in New Zealand)
245Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
246Section 2 amended (Interpretation)
247Section 65 amended (Request for new identity information for certain witnesses, etc)
248Section 75F amended (Searches for certain authorised purposes)
249Section 78 amended (Restrictions on searches relating to new names of certain witnesses, etc)
250Amendments to Corrections Act 2004
251Section 3 amended (Interpretation)
252Section 117 amended (Authorised disclosure of information)
253Amendments to Crimes Act 1961
254New section 78AA inserted (Wrongful communication, retention, or copying of classified information)
78AAWrongful communication, retention, or copying of classified information
255Section 78B amended (Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information)
256Amendments to Customs and Excise Act 1996
257Section 280M replaced (Direct access to database information for counter-terrorism investigation purposes)
280MDirect access to database information for purposes of counter-terrorism and national security
258New section 293A inserted (Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017)
293ASaving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017
259Amendment to Education Act 1989
260Section 346 amended (Offences)
261Amendment to Electronic Identity Verification Act 2012
262Section 12 amended (Exception to section 11 for certain individuals with new identity information)
263Amendment to Employment Relations Act 2000
264New section 172A inserted (Reports from Inspector-General of Intelligence and Security)
172AReports from Inspector-General of Intelligence and Security
265Amendments to Immigration Act 2009
266Section 3 amended (Purpose)
267Section 4 amended (Interpretation)
268Section 9A amended (Meaning of mass arrival group)
269Section 29 amended (Automated decision making in advance passenger processing)
270Section 96 replaced (Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand)
96Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure
271Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand)
272New section 97A inserted (Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand)
97AChief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand
273Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand)
274Section 102 amended (Obligations of carriers, and persons in charge, of craft to provide information)
275Section 303 amended (Disclosure of information to enable specified agencies to check identity and character)
276New sections 303A to 303C inserted
303ADisclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security
303BDirect access to information for purposes of law enforcement, counter-terrorism, and security
303CRequirements for agreements entered into under section 303, 303A, or 303B
277Section 349 amended (Offences relating to carriers, and persons in charge, of craft)
278Section 366 amended (Evidence in proceedings: certificates in relation to persons)
279Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand)
280Amendments to Land Transport Act 1998
281Section 24A amended (Authorised persons may request driver licences for certain persons)
282Section 200 amended (Restrictions on access to photographic images of driver licence holders)
283Amendments to Passports Act 1992
284Section 2 amended (Interpretation)
285Section 4 amended (Issue of passport)
286Section 4A repealed (Refusal to issue passport on grounds of national security)
287Section 8A repealed (Cancellation of passport on grounds of national security)
288Section 9 amended (Cancellation of passport on other grounds)
289Section 11 amended (Delivery of recalled passport)
290Section 11A amended (Warnings on New Zealand travel document database)
291Section 20 amended (Cancellation of certificate of identity)
292Section 20A repealed (Cancellation of certificate of identity on grounds of national security)
293Section 22 amended (Delivery of recalled certificate of identity)
294Section 23 amended (Issue of emergency travel document)
295Section 25 amended (Cancellation of emergency travel document)
296Section 25A repealed (Cancellation of emergency travel document on grounds of national security)
297Section 27 amended (Delivery of recalled emergency travel document)
298Section 27A amended (Issue of refugee travel document)
299Section 27B repealed (Refusal to issue refugee travel document on grounds of national security)
300Section 27D amended (Cancellation of refugee travel document)
301Section 27E repealed (Cancellation of refugee travel document on grounds of national security)
302Section 27G amended (Delivery of recalled refugee travel document)
303New sections 27GA to 27GF and cross-heading inserted
27GARefusal to issue, or cancellation or retention of, New Zealand travel document on grounds of national or international security
27GBChief Commissioner of Intelligence Warrants to be notified of action taken under section 27GA
27GCPerson to be notified of action taken under section 27GA
27GDPerson not entitled to obtain New Zealand travel document if action taken under section 27GA
27GETemporary suspension of New Zealand travel documents pending decision under section 27GA
27GFReview of Minister’s decision under section 27GA
304Section 27I amended (Electronic cancellation of New Zealand travel documents)
305Section 28 amended (Appeal to High Court)
306Section 29 amended (Appeal to Court of Appeal in certain cases)
307Cross-heading above section 29AA replaced
308Section 29AA amended (Proceedings where national security involved)
309Section 29AB amended (Proceedings involving classified security information)
310New section 37B inserted (Crown liability)
37BCrown liability
311Section 46 repealed (Transitional provision)
312Amendments to Privacy Act 1993
313Section 2 amended (Interpretation)
314Section 6 amended (Information privacy principles)
315Section 57 replaced (Intelligence organisations)
57Exemption for intelligence and security agencies
316Cross-heading above section 81 amended
317Section 81 replaced (Special procedure relating to intelligence organisations)
81Special procedure relating to intelligence and security agencies
318Amendments to Protected Disclosures Act 2000
319Section 3 amended (Interpretation)
320Sections 12 and 13 replaced
12Special rules on procedures of organisations relating to intelligence and security matters
13Special rules on procedures of certain organisations relating to international relations
321Amendments to Public Finance Act 1989
322Section 2 amended (Interpretation)
323Section 15A amended (Main Appropriation Bill: supporting information relating to appropriations)
324Section 45E amended (Application of this Part to intelligence and security departments)
325Amendment to Remuneration Authority Act 1977
326Schedule 4 amended
327Amendments to Search and Surveillance Act 2012
328Subpart 8 heading in Part 2 amended
329Section 25 amended (Warrantless searches if offence against section 78 of Crimes Act 1961 suspected)
330Amendments to State Sector Act 1988
331Section 44 amended (Special provisions in relation to certain chief executives)
332Schedule 1 amended
333Amendment to Tax Administration Act 1994
334Section 81 amended (Officers to maintain secrecy)
335Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: