Intelligence and Security Act 2017

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Intelligence and Security Act 2017

Public Act		2017 No 10
Date of assent		28 March 2017
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Interpretation
5	Transitional, savings, and related provisions
6	Act binds the Crown
	Part 2 Intelligence and security agencies
7	New Zealand Security Intelligence Service
8	Government Communications Security Bureau
	Objectives
9	Objectives of intelligence and security agencies
	Functions
10	Intelligence collection and analysis
11	Protective security services, advice, and assistance
12	Information assurance and cybersecurity activities
13	Co-operation with other public authorities to facilitate their functions
14	Co-operation with other entities to respond to imminent threat
15	Additional functions
16	Functions of intelligence and security agencies do not include enforcement
	Duties
17	General duties applying when intelligence and security agency performing functions
18	Specific duties of Director-General of an intelligence and security agency
19	Activities of intelligence and security agency not to limit freedom of expression
20	Director-General of an intelligence and security agency to consult Leader of the Opposition
	Part 3 Covert activities of intelligence and security agencies
	Subpart 1—Assumed identities
21	Purpose of subpart
22	Interpretation
23	Assumed identity may be acquired, used, and maintained
24	Use of assumed identity
25	Request for assistance to acquire, use, and maintain assumed identity
26	Assistance to acquire, use, and maintain assumed identity
27	Cancellation of evidence of assumed identity
28	Provisions do not require destruction of certain information
29	Non-compliance with enactments, policies, and practices
30	Restrictions on access to information about process for obtaining assistance, etc
31	Immunity of persons assisting and of employee of agency in making false documents
32	Immunity of authorised persons
	Subpart 2—Corporate identities
33	Purpose of subpart
34	Interpretation
35	Request for corporate identity, status, etc
36	Conferring corporate identity, status, etc
37	Maintaining corporate identity, status, or capacity
38	Dissolution or deregistration, etc, of entity
39	Provisions do not require destruction of certain information
40	Non-compliance with enactments, policies, and practices
41	Restrictions on access to information about process for obtaining assistance, etc
42	Entity or officer exempt from complying with legal requirements, etc
43	Immunity of persons complying with request or direction
44	Immunity of entity
	Subpart 3—Register of assumed identities and legal entities created or maintained
45	Register of assumed identities and legal entities created or maintained
	Part 4 Authorisations
46	Purpose of Part
47	Interpretation
48	Authorisation not required to carry out lawful activity
49	Authorisation required to carry out otherwise unlawful activity
50	Duty to act only as authorised
51	Request for assistance to give effect to authorisations
	Subpart 1—Intelligence warrants
	Types of intelligence warrants
52	Types of intelligence warrant
53	Type 1 intelligence warrant
54	Type 2 intelligence warrant
	Application and issue of intelligence warrants
55	Application for issue of intelligence warrant
56	Joint application for intelligence warrant
57	Issue of Type 1 intelligence warrant
58	Issue of Type 1 intelligence warrant to contribute to protection of national security
59	Issue of Type 1 intelligence warrant to contribute to New Zealand’s international relations or economic well-being
60	Issue of Type 2 intelligence warrant
61	Additional criteria for issue of intelligence warrant
62	Issue of joint intelligence warrant
63	Minister of Foreign Affairs to be consulted in relation to issue of intelligence warrants in certain cases
64	Intelligence warrants may be issued subject to restrictions or conditions
65	Term of intelligence warrant
66	Matters required to be stated in intelligence warrant
	Authorised activities and powers
67	Authorised activities
68	Powers of New Zealand Security Intelligence Service acting under intelligence warrant
69	Powers of Government Communications Security Bureau under intelligence warrant
70	Privileged communications or privileged information
	Urgent intelligence warrants
71	Urgent issue of Type 1 intelligence warrant
72	Urgent issue of Type 2 intelligence warrant
73	Reasons for urgent issue of intelligence warrant to be recorded
74	Intelligence warrant issued under section 71 revoked unless confirmed
75	Intelligence warrant issued under section 72 revoked unless confirmed
76	Information to be destroyed if intelligence warrant issued under section 71 or 72 revoked
77	Intelligence warrants issued under section 71 or 72 to be referred to Inspector-General
	Authorisations by Director-General of intelligence and security agency
78	Very urgent authorisations by Director-General of intelligence and security agency
79	Authorisation given under section 78(2)(a) effective as Type 1 intelligence warrant
80	Authorisation given under section 78(2)(b) effective as Type 2 intelligence warrant
81	Information to be destroyed if authorisation given under section 78 revoked
82	Authorisations given under section 78 to be referred to Inspector-General

	Register of intelligence warrants
83	Register of intelligence warrants
	Amendment and revocation of intelligence warrants
84	Amendment and revocation of intelligence warrants
	Subpart 2—Removal warrants
85	Issue of removal warrant to retrieve previously installed devices
86	Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases
87	Powers of New Zealand Security Intelligence Service acting under removal warrant
	Subpart 3—Practice warrants
88	Types of practice warrant
89	Testing warrant
90	Training warrant
91	Application for issue of practice warrant
92	Criteria for issue of practice warrant
93	Issue of practice warrant
94	Minister of Foreign Affairs to be consulted in relation to issue of practice warrants in certain cases
95	Practice warrants may be issued subject to restrictions or conditions
96	Term of practice warrant
97	Matters to be stated in practice warrant
98	Authorised activities
99	Powers of New Zealand Security Intelligence Service acting under practice warrant
100	Powers of Government Communications Security Bureau acting under practice warrant
101	Report on practice warrant activities
	Subpart 4—Unauthorised, irrelevant, and incidentally obtained information
102	Destruction of unauthorised information
103	Destruction of irrelevant information
104	Retention of incidentally obtained information
	Return of physical items seized
105	Physical items seized to be returned after search or analysis
	Subpart 5—Offences and immunities
106	Offence to provide false or misleading information
107	Failure to destroy information
108	Unlawful use or disclosure of information
109	Unlawful disclosure of acquired information
110	Immunities from criminal liability in relation to obtaining intelligence warrant
111	Immunities from criminal liability in relation to carrying out authorised activity
	Subpart 6—Commissioners of Intelligence Warrants
112	Appointment of Commissioners
113	Eligibility for appointment
114	Functions of Commissioners
115	Additional functions of Chief Commissioner of Intelligence Warrants
116	Delegation of functions of Chief Commissioner of Intelligence Warrants
117	Administrative provisions relating to Commissioners
	Part 5 Accessing information held by other agencies
118	Interpretation
119	Relationship between this Part and other law relating to information disclosure
	Subpart 1—Request and disclosure of information
120	Purpose of subpart
121	Requests for information
122	Disclosure of information to intelligence and security agency
	Register of section 122 certificates
123	Register of section 122 certificates
	Subpart 2—Direct access to database information
124	Purpose of subpart
125	Direct access to certain information
126	Matters to which Ministers must have regard before entering into direct access agreement
127	Consultation with Privacy Commissioner before entering into direct access agreement
128	Consultation with Inspector-General before entering into direct access agreement
129	Content of direct access agreements
130	Variation of direct access agreement
131	Publication of direct access agreements
132	Review of agreements
133	Relationship between subpart and other law
	Subpart 3—Access to restricted information
134	Purpose of subpart
135	Meaning of restricted information
136	Application for permission to access restricted information
137	Permission to access restricted information granted on application made under section 136(2)(a)
138	Permission to access restricted information granted on application made under section 136(2)(b)
139	Further criteria for permitting access to restricted information
140	Permission must specify restricted information that may be accessed
141	Access to restricted information must be provided if permitted
142	Use, retention, and disclosure of restricted information
	Subpart 4—Obtaining business records of telecommunications network operators and financial service providers
143	Purpose of subpart
144	Interpretation
	Approval to obtain business records
145	Application for approval to obtain business records
146	Joint application for approval
147	Approval to obtain business records
148	Duration of approval
149	Amendment and revocation of approvals
	Issue of business records direction
150	Director-General of intelligence and security agency may issue business records direction
151	Compliance with business records direction
152	Business records to be destroyed if not required by intelligence and security agency
	Register of business records directions
153	Register of business records directions
154	Subpart does not create any new obligation to create or maintain records
	Relationship with other law
155	Relationship between subpart and other law
	Part 6 Oversight of intelligence and security agencies
156	Purpose of Part
	Subpart 1—Inspector-General of Intelligence and Security
	Appointment, functions, duties, and powers of Inspector-General
157	Appointment of Inspector-General
158	Functions of Inspector-General
159	Inspector-General to prepare and publish annual work programme
160	Disclosures to Inspector-General or Deputy Inspector-General
161	Consultation by Inspector-General
162	Jurisdiction of courts and other agencies not affected
163	Reviews relating to authorisations and authorised activities
	Appointment, functions, duties, and powers of Deputy Inspector-General
164	Appointment of Deputy Inspector-General
165	Functions, duties, and powers of Deputy Inspector-General
	Administrative provisions
166	Administrative provisions relating to offices of Inspector-General and Deputy Inspector-General
	Advisory panel
167	Advisory panel
168	Functions of advisory panel
169	Membership of advisory panel
170	Administrative provisions relating to advisory panel
	Complaints
171	Complaints that may be made to Inspector-General
172	Form of complaint
173	Procedure on receipt of complaint
174	Inspector-General may decide not to inquire or continue to inquire into complaint
	Procedure for inquiries
175	Commencing of inquiry
176	Evidence
177	Evidence of breach of duty or misconduct by employee of intelligence and security agency
178	Power to summon persons
179	Power to require information and documents
180	Disclosure of information may be required despite obligation of secrecy
181	Protection and privileges of witnesses
182	Information disclosed to Inspector-General privileged
183	Inspector-General, etc, not compellable witnesses
184	Power of entry
	Procedure on completion of inquiry
185	Inspector-General to prepare report on completion of inquiry
186	Advice on compliance with Inspector-General’s recommendations
187	Minister to respond to Inspector-General’s report
188	Publication of Inspector-General’s report
189	Return of documents, etc, after inquiry
190	Proceedings not to be questioned or reviewed
191	Offence to publish information relating to inquiry
	Subpart 2—Intelligence and Security Committee
	Continuation of Intelligence and Security Committee
192	Intelligence and Security Committee
193	Functions of Committee
194	Membership of Committee
195	Filling vacancy in membership of Committee
196	Endorsement of nominated members
197	Committee not to transact business until nominated members endorsed
198	Chairperson of Committee
199	Privilege
200	Administrative provisions relating to Committee
	Evidence
201	Attendance before Committee
202	Meaning of sensitive information
203	Provision of information to Committee
204	Secrecy of information disclosed to Committee
205	Committee’s records may be copied to House of Representatives
	Part 7 Miscellaneous provisions
	Ministerial policy statements
206	Issue of ministerial policy statements
207	Issue of ministerial policy statements relating to co-operating, etc, with overseas public authorities
208	Issue of additional ministerial policy statements
209	Effect of ministerial policy statement
210	Content of ministerial policy statements
211	Consultation on proposed ministerial policy statements
212	Amending, revoking, or replacing ministerial policy statements
213	Ministerial policy statements applying to both intelligence and security agencies
214	Duration of ministerial policy statement
215	Publication of ministerial policy statements
216	Status of ministerial policy statements
	Security records
217	Powers in relation to security records
218	Disclosure of information relating to activities of intelligence and security agency
	Confidentiality
219	Duty of confidentiality
	Security clearance information
220	Use of information provided for security clearance assessment
	Annual reports
221	Annual reports of intelligence and security agencies
222	Annual report of Inspector-General
223	Annual report of Intelligence and Security Committee
224	Restrictions on reports to House of Representatives
	Offences
225	Obstructing, hindering, resisting, or deceiving Inspector-General
226	Personation
227	Restriction on publication and broadcasting of information regarding employees
	False or misleading representations about employment and identity
228	Employee may make false or misleading representations about employment
229	Protections relating to representations about identity
	Exceptions and immunities
230	Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances
231	Exceptions to Land Transport (Road User) Rule 2004
232	Burden of proof to establish immunity and relationships between immunities
	Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet
233	Functions of Chief Executive of DPMC in relation to intelligence and assessments
234	Duty to act independently
	Periodic reviews
235	Requirement to hold periodic reviews
236	Appointment of reviewers and related matters
237	Provision of information
238	Report of reviewers
239	Remuneration of reviewers
240	Provision of administrative and other support
241	Reviewers to determine own procedure
	Part 8 Repeals and amendments
	Repeals
242	Repeals
	Amendments to Biosecurity Act 1993
243	Amendments to Biosecurity Act 1993
244	Section 142I amended (Disclosure of personal information in New Zealand)
	Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
245	Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
246	Section 2 amended (Interpretation)
247	Section 65 amended (Request for new identity information for certain witnesses, etc)
248	Section 75F amended (Searches for certain authorised purposes)
249	Section 78 amended (Restrictions on searches relating to new names of certain witnesses, etc)
	Amendments to Corrections Act 2004
250	Amendments to Corrections Act 2004
251	Section 3 amended (Interpretation)
252	Section 117 amended (Authorised disclosure of information)
	Amendments to Crimes Act 1961
253	Amendments to Crimes Act 1961
254	New section 78AA inserted (Wrongful communication, retention, or copying of classified information)
	78AA	Wrongful communication, retention, or copying of classified information
255	Section 78B amended (Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information)
	Amendments to Customs and Excise Act 1996
256	Amendments to Customs and Excise Act 1996
257	Section 280M replaced (Direct access to database information for counter-terrorism investigation purposes)
	280M	Direct access to database information for purposes of counter-terrorism and national security
258	New section 293A inserted (Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017)
	293A	Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017
	Amendment to Education Act 1989
259	Amendment to Education Act 1989
260	Section 346 amended (Offences)
	Amendment to Electronic Identity Verification Act 2012
261	Amendment to Electronic Identity Verification Act 2012
262	Section 12 amended (Exception to section 11 for certain individuals with new identity information)
	Amendment to Employment Relations Act 2000
263	Amendment to Employment Relations Act 2000
264	New section 172A inserted (Reports from Inspector-General of Intelligence and Security)
	172A	Reports from Inspector-General of Intelligence and Security
	Amendments to Immigration Act 2009
265	Amendments to Immigration Act 2009
266	Section 3 amended (Purpose)
267	Section 4 amended (Interpretation)
268	Section 9A amended (Meaning of mass arrival group)
269	Section 29 amended (Automated decision making in advance passenger processing)
270	Section 96 replaced (Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand)
	96	Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure
271	Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand)
272	New section 97A inserted (Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand)
	97A	Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand
273	Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand)
274	Section 102 amended (Obligations of carriers, and persons in charge, of craft to provide information)
275	Section 303 amended (Disclosure of information to enable specified agencies to check identity and character)
276	New sections 303A to 303C inserted
	303A	Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security
	303B	Direct access to information for purposes of law enforcement, counter-terrorism, and security
	303C	Requirements for agreements entered into under section 303, 303A, or 303B
277	Section 349 amended (Offences relating to carriers, and persons in charge, of craft)
278	Section 366 amended (Evidence in proceedings: certificates in relation to persons)
279	Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand)
	Amendments to Land Transport Act 1998
280	Amendments to Land Transport Act 1998
281	Section 24A amended (Authorised persons may request driver licences for certain persons)
282	Section 200 amended (Restrictions on access to photographic images of driver licence holders)
	Amendments to Passports Act 1992
283	Amendments to Passports Act 1992
284	Section 2 amended (Interpretation)
285	Section 4 amended (Issue of passport)
286	Section 4A repealed (Refusal to issue passport on grounds of national security)
287	Section 8A repealed (Cancellation of passport on grounds of national security)
288	Section 9 amended (Cancellation of passport on other grounds)
289	Section 11 amended (Delivery of recalled passport)
290	Section 11A amended (Warnings on New Zealand travel document database)
291	Section 20 amended (Cancellation of certificate of identity)
292	Section 20A repealed (Cancellation of certificate of identity on grounds of national security)
293	Section 22 amended (Delivery of recalled certificate of identity)
294	Section 23 amended (Issue of emergency travel document)
295	Section 25 amended (Cancellation of emergency travel document)
296	Section 25A repealed (Cancellation of emergency travel document on grounds of national security)
297	Section 27 amended (Delivery of recalled emergency travel document)
298	Section 27A amended (Issue of refugee travel document)
299	Section 27B repealed (Refusal to issue refugee travel document on grounds of national security)
300	Section 27D amended (Cancellation of refugee travel document)
301	Section 27E repealed (Cancellation of refugee travel document on grounds of national security)
302	Section 27G amended (Delivery of recalled refugee travel document)
303	New sections 27GA to 27GF and cross-heading inserted
		National and international security
	27GA	Refusal to issue, or cancellation or retention of, New Zealand travel document on grounds of national or international security
	27GB	Chief Commissioner of Intelligence Warrants to be notified of action taken under section 27GA
	27GC	Person to be notified of action taken under section 27GA
	27GD	Person not entitled to obtain New Zealand travel document if action taken under section 27GA
	27GE	Temporary suspension of New Zealand travel documents pending decision under section 27GA
	27GF	Review of Minister’s decision under section 27GA
304	Section 27I amended (Electronic cancellation of New Zealand travel documents)
305	Section 28 amended (Appeal to High Court)
306	Section 29 amended (Appeal to Court of Appeal in certain cases)
307	Cross-heading above section 29AA replaced
308	Section 29AA amended (Proceedings where national security involved)
309	Section 29AB amended (Proceedings involving classified security information)
310	New section 37B inserted (Crown liability)
	37B	Crown liability
311	Section 46 repealed (Transitional provision)
	Amendments to Privacy Act 1993
312	Amendments to Privacy Act 1993
313	Section 2 amended (Interpretation)
314	Section 6 amended (Information privacy principles)
315	Section 57 replaced (Intelligence organisations)
	57	Exemption for intelligence and security agencies
316	Cross-heading above section 81 amended
317	Section 81 replaced (Special procedure relating to intelligence organisations)
	81	Special procedure relating to intelligence and security agencies
	Amendments to Protected Disclosures Act 2000
318	Amendments to Protected Disclosures Act 2000
319	Section 3 amended (Interpretation)
320	Sections 12 and 13 replaced
	12	Special rules on procedures of organisations relating to intelligence and security matters
	13	Special rules on procedures of certain organisations relating to international relations
	Amendments to Public Finance Act 1989
321	Amendments to Public Finance Act 1989
322	Section 2 amended (Interpretation)
323	Section 15A amended (Main Appropriation Bill: supporting information relating to appropriations)
324	Section 45E amended (Application of this Part to intelligence and security departments)
	Amendment to Remuneration Authority Act 1977
325	Amendment to Remuneration Authority Act 1977
326	Schedule 4 amended
	Amendments to Search and Surveillance Act 2012
327	Amendments to Search and Surveillance Act 2012
328	Subpart 8 heading in Part 2 amended
329	Section 25 amended (Warrantless searches if offence against section 78 of Crimes Act 1961 suspected)
	Amendments to State Sector Act 1988
330	Amendments to State Sector Act 1988
331	Section 44 amended (Special provisions in relation to certain chief executives)
332	Schedule 1 amended
	Amendment to Tax Administration Act 1994
333	Amendment to Tax Administration Act 1994
334	Section 81 amended (Officers to maintain secrecy)
	Consequential amendments
335	Consequential amendments
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Databases accessible to intelligence and security agencies
	Schedule 3 Administrative provisions
	Schedule 4 Consequential amendments
	Legislative history
	Administrative information

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Intelligence and Security Act 2017

Intelligence and Security Act 2017

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