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.
158 Functions of Inspector-General

(1)

The functions of the Inspector-General are—

(a)

to conduct an inquiry into any matter relating to an intelligence and security agency’s compliance with New Zealand law, including human rights law, if that inquiry is requested by—

(i)

the Minister responsible for the intelligence and security agency; or

(ii)

the Intelligence and Security Committee:

(b)

to conduct an inquiry into any matter where it appears that a New Zealand person has been or may be adversely affected by an act, omission, practice, policy, or procedure of an intelligence and security agency, if that inquiry is requested by—

(i)

the Minister responsible for the intelligence and security agency; or

(ii)

the Intelligence and Security Committee:

(c)

to conduct an inquiry into the propriety of particular activities of an intelligence and security agency, if that inquiry is requested by—

(i)

the Minister responsible for the intelligence and security agency; or

(ii)

the Intelligence and Security Committee; or

(iii)

the Prime Minister:

(d)

to conduct an inquiry of the type referred to in paragraph (a), (b), or (c) on the Inspector-General’s own initiative:

(e)

to deal with complaints received under section 171:

(f)

to conduct reviews, at intervals of not more than 12 months, of the effectiveness and appropriateness of—

(i)

the procedures of each intelligence and security agency to ensure compliance with this Act in relation to the issue and execution of an authorisation; and

(ii)

the compliance systems of each intelligence and security agency for operational activities, including all supporting policies and practices of an intelligence and security agency relating to—

(A)

administration:

(B)

information management:

(C)

risk management:

(D)

legal compliance generally:

(g)

to conduct a review, on the Inspector-General’s own initiative, of any activity carried out by an intelligence and security agency in the performance of its function under section 14:

(h)

to conduct unscheduled audits of the procedures and compliance systems described in paragraph (f):

(i)

to conduct a review in relation to either or both of the following:

(i)

the issue of an authorisation:

(ii)

the carrying out of an authorised activity:

(j)

to conduct a review in relation to a permission granted under section 137 or 138:

(k)

to conduct a review in relation to the issue of—

(i)

approvals under section 147:

(ii)

business records directions under section 150:

(l)

to undertake all work programmes published under section 159:

(m)

to perform any other functions conferred or imposed on the Inspector-General by or under this Act or any other enactment.

(2)

In conducting any inquiry or review, the Inspector-General must take into account—

(a)

any relevant ministerial policy statement; and

(b)

the extent to which an intelligence and security agency has had regard to that statement.

(3)

In this section, authorisation and authorised activity have the meanings given to them by section 47.

Compare: 1996 No 47 s 11(1)(a), (c), (ca), (d), (da), (f), (3)