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.
276 New sections 303A to 303C inserted

After section 303, insert:

303A Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security

(1)

The purpose of this section is to enable the disclosure of information by the Department to a specified agency to allow that agency a longer period of time to—

(a)

identify any person of interest who is intending to board a craft for the purpose of travelling from New Zealand; and

(b)

perform any of its functions, or exercise any of its powers, in relation to an identified person of interest before that person departs from New Zealand.

(2)

For the purpose of this section, the chief executive of a specified agency may supply to the chief executive of the Department personal information about a person of interest.

(3)

The chief executive of the Department may compare the information received under subsection (2) about a person of interest with APP information that he or she holds.

(4)

If the chief executive of the Department holds APP information about the person of interest, he or she may, under an agreement entered into in accordance with section 303C,—

(a)

notify the chief executive of the specified agency that the person of interest intends to board a craft for the purpose of travelling from New Zealand; and

(b)

disclose to that chief executive—

(i)

the APP information held by the chief executive of the Department about the person of interest; and

(ii)

any other information held by the chief executive of the Department about the person’s intended travel (for example, when and where the person checked in).

(5)

In this section,—

APP information means advance passenger processing information that the chief executive of the Department has received under section 96(2) about persons intending to board a craft for the purpose of travelling from New Zealand

chief executive of a specified agency means the head of that specified agency

person of interest means a person of interest to the chief executive of a specified agency because the chief executive believes on reasonable grounds that the person may attempt to leave New Zealand and that the person—

(a)

poses a threat or risk to the security of New Zealand or another country because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; or

(b)

is—

(i)

a person under control or supervision (as defined in section 3(1) of the Corrections Act 2004); or

(ii)

on bail with an electronic monitoring condition granted under section 30B of the Bail Act 2000; or

(iii)

liable to be arrested (with or without a warrant) by an employee or agent of a specified agency; or

(iv)

suspected of escaping from lawful custody; or

(v)

suspected of being a perpetrator or victim of an offence under section 98D of the Crimes Act 1961 (trafficking in persons); or

(vi)

suspected of being involved in the unlawful movement of illegal goods; or

(vii)

a person who poses a risk, for any reason, to the safety of other passengers, the crew, or craft

personal information, in relation to a person of interest, includes the following information:

(a)

the person’s—

(i)

full name; and

(ii)

date of birth; and

(iii)

place of birth; and

(iv)

nationality; and

(v)

gender; and

(b)

the details specified in the person’s passport or certificate of identity, if known, including—

(i)

the passport or certificate of identity number; and

(ii)

the expiry date; and

(iii)

the issuer of the person’s certificate of identity (if any), if it is not the person’s country of nationality

specified agency means—

(a)

the New Zealand Police:

(b)

the department of State responsible for the administration of the Corrections Act 2004:

(c)

the department of State responsible for the administration of the Customs and Excise Act 1996:

(d)

the Civil Aviation Authority of New Zealand established under section 72A(1) of the Civil Aviation Act 1990.

303B Direct access to information for purposes of law enforcement, counter-terrorism, and security

(1)

For the purpose of section 303A, the chief executive of the Department may allow the chief executive of a specified agency to access the APP information database or databases to search for information relating to a person of interest.

(2)

Before allowing the chief executive of a specified agency access to the APP information, the chief executive of the Department must enter into an agreement with the specified agency in accordance with section 303C.

(3)

The agreement must specify, in addition to the matters set out in section 303C(2)(d) to (h),—

(a)

the particular information that may be accessed:

(b)

the particular purpose or purposes for which the information may be accessed:

(c)

the positions or designations of the persons in the specified agency who may access the database or databases:

(d)

the records to be kept in relation to each occasion on which a database is accessed:

(e)

the safeguards that are to be applied for protecting personal information that is accessed:

(f)

the requirements relating to storage and disposal of information obtained by the specified agency from the database:

(g)

the requirements for reviewing the agreement.

(4)

In this section,—

access, in relation to a database, includes remote access to the database

APP information, chief executive of a specified agency, specified agency, and person of interest have the meanings given to them by section 303A(5)

APP information database means the database of APP information

database means any information recording system or facility used by the Department to store or process information.

303C Requirements for agreements entered into under section 303, 303A, or 303B

(1)

This section applies to an agreement entered into under section 303, 303A, or 303B.

(2)

An agreement—

Making

(a)

must not be made until the chief executive of the Department has consulted the Privacy Commissioner:

(b)

must be made between the chief executive of the Department and the chief executive of the specified agency:

(c)

must be in writing:

Contents

(d)

must state the criteria for the disclosure under it of information by the Department to the specified agency:

(e)

must state the use that the specified agency may make of the information disclosed to it:

(f)

must—

(i)

state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or

(ii)

state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information:

(g)

may state the form in which the information may be disclosed:

(h)

may state the method by which the information may be disclosed:

Varying

(i)

may be varied:

(j)

must not be varied until the chief executive of the Department has consulted the Privacy Commissioner:

Reviews and reports

(k)

must, if the Privacy Commissioner requires, provide that the agreement, and the arrangements for disclosure under it, be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months.