Telecommunications (Interception Capability and Security) Act 2013

102 Classified security information and other terms defined

(1)

In this subpart, classified security information means information—

(a)

that is relevant to any proceedings in a court that relate to the administration or enforcement of this Act (or to any intended proceedings); and

(b)

that is held by a surveillance agency; and

(c)

that the head of the surveillance agency certifies in writing cannot be disclosed except to the extent provided in this subpart because, in the opinion of the head of the surveillance agency,—

(i)

the information is information of a kind specified in subsection (2); and

(ii)

disclosure of the information would be disclosure of a kind specified in subsection (3).

(2)

Information falls within subsection (1)(c)(i) if it—

(a)

might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the surveillance agency; or

(b)

is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the surveillance agency; or

(c)

has been provided to the surveillance agency by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the surveillance agency because the government or agency or organisation by which the information has been provided will not consent to the disclosure.

(3)

Disclosure of information falls within subsection (1)(c)(ii) if the disclosure would be likely—

(a)

to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(b)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or

(c)

to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

(d)

to endanger the safety of any person.

(4)

In this subpart,—

non-Crown party, in relation to proceedings, means a person (other than the Crown) that is a party to the proceedings

intended party has the meaning set out in section 105(1)(a)(i)

intended proceedings means the proceedings that an intended party intends to commence as notified under section 105(1)(a)(ii)

representative includes a barrister or solicitor engaged to act on behalf of a party

special advocate means a person appointed under section 105(2).