New Zealand Security Intelligence Service Act 1969

Before its repeal, this Act was administered by: New Zealand Security Intelligence Service
  • repealed
  • New Zealand Security Intelligence Service Act 1969: repealed, on 28 September 2017, by section 242(3)(a) of the Intelligence and Security Act 2017 (2017 No 10).
2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

authorised person, in relation to a warrant, means the Director, or the person for the time being acting as the Director, or a delegate of the Director

Commissioner means the Commissioner of Security Warrants holding office under section 5A

copy includes to copy by any electronic, optical, photographic, or other process

delegate of the Director, in relation to any function or power conferred by a provision of this Act or by a warrant, means a person to whom that function or power has been delegated under section 5AA

Director means the Director of Security holding office under this Act

document has the meaning given to it by section 2(1) of the Official Information Act 1982

domestic intelligence warrant means a warrant issued under section 4A(1)

electronic tracking means the use of electronic means for the purpose of ascertaining the location, or tracking the movement, of a person or thing

employee, in relation to the Security Intelligence Service, means a person employed as an employee of the Service under paragraph (b) of subsection (1) of section 6; and includes a person to whom paragraph (b) of section 9 applies

espionage means any offence against section 78 of the Crimes Act 1961

facility—

(a)

means an electronic address, phone number, account, electronic identifier or similar identifier, or device that enables—

(i)

communications to take place between individuals; or

(ii)

communications to be sent to or from an identified individual; or

(iii)

documents to be processed, stored, or accessed; and

(b)

includes, without limitation, any of the following:

(i)

a unique device identifier:

(ii)

a user account identifier:

(iii)

an Internet Protocol address:

(iv)

an email address:

(v)

an Internet storage account

foreign,—

(a)

in relation to capabilities, intentions, or activities, means controlled, entertained, or undertaken by 1 or more foreign organisations or foreign persons:

(b)

in relation to intelligence, means intelligence relating to 1 or more foreign organisations or foreign persons

foreign intelligence warrant means a warrant issued under section 4A(2)

foreign organisation means—

(a)

a government of any country other than New Zealand:

(b)

an entity controlled by the government of any country other than New Zealand:

(c)

a company or body corporate that is incorporated outside New Zealand, or any company within the meaning of the Companies Act 1993 that is, for the purposes of the Companies Act 1993, a subsidiary of any company or body corporate incorporated outside New Zealand:

(d)

an unincorporated body of persons—

(i)

that is not a body 50% or more of whose members are New Zealand citizens or permanent residents; and

(ii)

that carries on activities wholly or in part outside New Zealand

foreign person means an individual who is neither a New Zealand citizen nor a permanent resident

identity, in relation to a person, includes the identification of the person by an alias assumed by the person or given to the person by another person (for example, an Internet provider) or assigned to the person by an automated electronic system

intelligence warrant means a domestic intelligence warrant or a foreign intelligence warrant

intercept, in relation to any communication not otherwise lawfully obtainable by the person making the interception, includes hear, listen to, record, monitor, or acquire the communication, or acquire the substance, meaning, or purport thereof; and interception has a corresponding meaning

Minister means the Minister in charge of the New Zealand Security Intelligence Service

officer, in relation to the Security Intelligence Service, means a person employed as an officer of the Service under paragraph (a) of subsection (1) of section 6; and includes a person to whom paragraph (a) of section 9 applies

Officials Committee for Domestic and External Security Coordination means the committee established by the Cabinet on 23 August 1993

permanent resident means a person who is in New Zealand and who is the holder, or is deemed to be the holder, of a residence class visa under the Immigration Act 2009

place includes any land, building, premises, dwellinghouse, vehicle, vessel, or aircraft

removal warrant means a warrant issued under section 4I

sabotage means any offence against section 79 of the Crimes Act 1961

security means—

(a)

the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed within New Zealand:

(b)

the identification of foreign capabilities, intentions, or activities within or relating to New Zealand that impact on New Zealand’s international well-being or economic well-being:

(c)

the protection of New Zealand from activities within or relating to New Zealand that—

(i)

are influenced by any foreign organisation or any foreign person; and

(ii)

are clandestine or deceptive, or threaten the safety of any person; and

(iii)

impact adversely on New Zealand’s international well-being or economic well-being:

(d)

the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act

the Security Intelligence Service or the Service means the New Zealand Security Intelligence Service

seize, in relation to any communication, document, or thing not otherwise lawfully obtainable by the person making the seizure, includes the taking, removal, or copying of the communication, document, or thing; and seizure has a corresponding meaning

State services means the State services as defined in section 2 of the State Sector Act 1988

subversion means attempting, inciting, counselling, advocating, or encouraging—

(a)

the overthrow by force of the Government of New Zealand; or

(b)

the undermining by unlawful means of the authority of the State in New Zealand

terrorist act has the same meaning as in section 5(1) of the Terrorism Suppression Act 2002

warrant means an intelligence warrant or a removal warrant.

(2)

Nothing in this Act limits the right of persons to engage in lawful advocacy, protest, or dissent in respect of any matter, and, accordingly, the exercise of that right does not, of itself, justify the Security Intelligence Service in instituting surveillance of any person or entity or any class of person or entity within New Zealand.

Section 2(1) authorised person: inserted, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) Commissioner: inserted, on 1 September 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 2(1) copy: inserted, on 1 April 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

Section 2(1) delegate of the Director: inserted, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) document: inserted, on 1 April 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

Section 2(1) domestic intelligence warrant: inserted, on 13 July 2011, by section 5(3) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) domestic interception warrant: repealed, on 13 July 2011, by section 5(2) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) electronic tracking: inserted, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) espionage: substituted, on 1 July 1983, by section 50 of the Official Information Act 1982 (1982 No 156).

Section 2(1) facility: inserted, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) foreign: inserted, on 1 September 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 2(1) foreign intelligence warrant: inserted, on 13 July 2011, by section 5(3) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) foreign interception warrant: repealed, on 13 July 2011, by section 5(2) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) foreign organisation: inserted, on 1 September 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 2(1) foreign person: inserted, on 1 September 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 2(1) identity: inserted, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) intelligence warrant: inserted, on 13 July 2011, by section 5(3) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) intercept: inserted, on 16 November 1977, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).

Section 2(1) interception warrant: repealed, on 13 July 2011, by section 5(2) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) New Zealand Intelligence Council: repealed, on 2 July 1996, by section 2(1)(b) of the New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

Section 2(1) Officials Committee for Domestic and External Security Coordination: inserted, on 2 July 1996, by section 2(2) of the New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

Section 2(1) permanent resident: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(1) place: inserted, on 1 April 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

Section 2(1) removal warrant: inserted, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(1) security: substituted, on 1 September 1999, by section 2(2) of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 2(1) security paragraph (a): amended, on 31 October 2003, by section 3(1)(a) of the New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

Section 2(1) security paragraph (d): added, on 31 October 2003, by section 3(1)(b) of the New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

Section 2(1) seize: inserted, on 1 April 1999, by section 2(1) of the New Zealand Security Intelligence Service Amendment Act 1999 (1999 No 14).

Section 2(1) State services: substituted, on 2 July 1996, by section 2(4) of the New Zealand Security Intelligence Service Amendment Act 1996 (1996 No 48).

Section 2(1) terrorism: repealed, on 31 October 2003, by section 3(2) of the New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

Section 2(1) terrorist act: inserted, on 31 October 2003, by section 3(2) of the New Zealand Security Intelligence Service Amendment Act 2003 (2003 No 108).

Section 2(1) warrant: added, on 13 July 2011, by section 5(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 2(2): added, on 1 September 1999, by section 2(3) of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).