Supplementary Order Paper No 269

No 269

House of Representatives

Supplementary Order Paper

Wednesday, 15 March 2017

Intelligence and Security Bill

Proposed amendment

Rt Hon Bill English, in Committee, to move the following amendment:

Clause 47

In clause 47, replace the definition of serious crime (page 50, lines 26 to 31) with:

serious crime,—

(a)

for the purposes of section 55A, means,—

(i)

in relation to New Zealand, any offence punishable by 3 or more years’ imprisonment; and

(ii)

in relation to any other country, any offence that, if it occurred in New Zealand, would be an offence punishable by 3 or more years’ imprisonment; and

(b)

for the purposes of section 91P, means,—

(i)

in relation to New Zealand, any offence punishable by 2 or more years’ imprisonment; and

(ii)

in relation to any other country, an offence that, if it occurred in New Zealand, would be an offence punishable by 2 or more years’ imprisonment

Explanatory note

This Supplementary Order Paper amends the Intelligence and Security Bill by replacing the definition of serious crime in clause 47. The definition of serious crime is changed for the purposes of clause 55A to mean an offence punishable by 3 or more years’ imprisonment (rather than 2 or more years’ imprisonment, as currently in clause 47). This increased threshold will apply when relying on the harm in clause 55A(2)(e), for the purposes of applying for the issue of a Type 1 intelligence warrant, or under clause 113, for permission to access restricted information.