facilitating the ability of that intelligence and security agency to carry out its activities while maintaining the secrecy of those activities:

protecting the identity of the employee.

a record is publicly available if an agency, in the ordinary course of its activities, makes the record available to the public for inspection or searching; but

a record is not to be treated as publicly available merely because it is or may be required to be made available under the Official Information Act 1982.

acquire an assumed identity:

use an assumed identity:

maintain an assumed identity.

the making and use of the false document are necessary for a purpose specified in section 21; and

the document is of a kind that is not ordinarily issued or given by a Minister or government agency.

to acquire, or take steps towards acquiring, evidence of the assumed identity (with or without assistance under section 26):

to establish, maintain, and operate a legal entity (with or without assistance under section 36 or 37).

acquire an assumed identity:

use an assumed identity:

maintain an assumed identity.

provide details of—

confirm that the request is made for either or both of the purposes specified in section 21.

grant the request; or

decline the request in accordance with subsections (2) and (3).

it is not satisfied that an authorised person will use the assumed identity appropriately; or

it otherwise considers that it is appropriate to decline the request.

the purpose of this subpart; and

every relevant ministerial policy statement, to the extent that it is known to the agency; and

the protections that are or will be in place for the purpose of ensuring that an authorised person will use the assumed identity appropriately; and

any other matters the agency thinks relevant.

issuing or giving to the authorised person evidence of the assumed identity that is of a kind ordinarily issued or given by the agency; and

omitting, amending, replacing, or inserting any information in any register or other publicly available records (including making changes to an assumed identity and, if necessary, creating other identities to support an assumed identity); and

omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the evidence or information described in paragraphs (a) and (b).

omitting, amending, replacing, or inserting information in a register or other publicly available records:

preventing or restricting access to any information in a register or other publicly available records:

omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the actions under paragraphs (a) and (b).

do not require an agency to destroy information if the agency is under an obligation to retain the information; and

do not require or authorise the disposal of a record for the purposes of the Public Records Act 2005.

criteria or standards:

requirements:

process or procedure.

person A is an authorised person; or

person A is the Director-General of an intelligence and security agency; or

person A is the Inspector-General of Intelligence and Security; or

it is necessary for person A to have access to the information in order for the assistance to be given or for the direction to be complied with; or

an authorised person has given the agency written consent to person A having access to the information; or

the Director-General of the intelligence and security agency who made the request or gave the direction has given the agency written consent to person A having access to the information; or

a court has ordered that person A be permitted access to the information for any specified purpose (for example, for the purposes of a prosecution in relation to the making of a false statement).

the date and time of the access request:

the name, address, and contact details (if known) of the person who made the access request:

the information sought to be accessed.

a request made under section 25; or

a direction given under section 27.

in the course of acquiring, using, or maintaining an assumed identity in accordance with an authorisation given under section 23; and

in accordance with any protections referred to in section 26(3)(c).

anything done, or not done, by an authorised person in breach of any contractual arrangement (unless the breach is a necessary consequence of using or maintaining the assumed identity); or

anything done by an authorised person if a particular qualification is needed to do the thing and the person does not have that qualification (for example, a person who is not qualified to fly a plane is not authorised to fly even though he or she has acquired a pilot’s licence under an assumed identity).

a record is publicly available if an agency, in the ordinary course of its activities, makes the record available to the public for inspection or searching; but

a record is not to be treated as publicly available merely because it is or may be required to be made available under the Official Information Act 1982.

confer a legal identity by forming or incorporating an entity (for example, incorporate a company or a charitable trust board):

confer on an entity any legal status or capacity (for example, register an entity as a charitable entity or financial service provider):

allocate to an entity a unique identifier (for example, allocate an entity a New Zealand Business Number or a goods and services tax registration number):

provide evidence of—

perform any action that is ancillary to, or consequential on, any of the actions specified in paragraphs (a) to (d).

provide details of—

confirm that the request is made for the purpose specified in section 33.

grant the request; or

decline the request in accordance with subsections (2) and (3).

it is not satisfied that the intelligence and security agency will use appropriately—

it otherwise considers that it is appropriate to decline the request.

the purpose of this subpart; and

every relevant ministerial policy statement, to the extent that it is known to the agency; and

the protections that are or will be in place for the purpose of ensuring that the intelligence and security agency will use appropriately—

any other matters the agency thinks relevant.

omitting, amending, replacing, or inserting any information in any register or other publicly available records (including, if necessary, creating assumed identities to support the action); and

omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the information in paragraph (a).

grant the request; or

decline the request if it is not satisfied that it is appropriate to provide the assistance.

the purpose of this subpart; and

every relevant ministerial policy statement, to the extent that it is known to the agency; and

the impact on any members of the public; and

any other matters the agency thinks relevant.

omitting, amending, replacing, or inserting any information in any register or other publicly available records (including making changes to the legal identity, status, or capacity and, if necessary, creating assumed identities to support a legal identity, status, or capacity); and

omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the information described in paragraph (a).

negate the effect of the earlier action (for example, remove a company from the register of companies); and

expunge any record of that earlier action having been taken.

omitting, amending, replacing, or inserting information in a register or any other publicly available records:

preventing or restricting access to any information in a register or any other publicly available records:

omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the actions under paragraphs (a) and (b).

do not require an agency to destroy information if the agency is under an obligation to retain the information; and

do not require or authorise the disposal of a record for the purposes of the Public Records Act 2005.

criteria or standards:

requirements:

process or procedure.

person A is the entity; or

person A is the Director-General of an intelligence and security agency; or

person A is the Inspector-General of Intelligence and Security; or

it is necessary for person A to have access to the information in order for the assistance to be given, for the exemption to be granted, or for the direction to be complied with; or

the Director-General of an intelligence and security agency who made the request or gave the direction has consented in writing to person A having access to the information; or

a court has ordered that person A be permitted access to the information for any specified purpose (for example, for the purposes of proceedings relating to a transaction entered into by the entity).

the date and time of the access request; and

the name, address, and contact details (if known) of the person who made the access request; and

the information sought to be accessed.

by—

on a request made by the Director-General of an intelligence and security agency.

will not have a significant negative impact on any members of the public; and

is otherwise appropriate.

whether, in the circumstances, compliance with the enactment referred to in subsection (1)—

whether the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption; and

the purposes of the enactment referred to in subsection (1); and

any other matters the agency thinks relevant.

a legislative instrument for the purposes of the Legislation Act 2012; or

a disallowable instrument for the purposes of the Legislation Act 2012.

a director within the meaning of section 6(1) of the Financial Markets Conduct Act 2013; and

a person who is not a director but who occupies a position that allows the person to exercise significant influence over the management or administration of the entity (for example, a chief executive or a chief financial officer).

a request made under section 35, 37, or 42; or

a direction given under section 38.

in the course of carrying out its activities; and

in accordance with any protections referred to in section 36(3)(c).

anything done, or not done, by an entity in breach of any contractual arrangement (unless the breach is a necessary consequence of creating or maintaining the relevant legal identity, status, or capacity); or

anything done by an entity if a particular qualification is needed to do the thing and the entity does not have that qualification (for example, an entity that is not qualified to provide a financial service is not authorised to provide that service even though it has acquired a licence to perform that service).

for each authorisation given by the Director-General under section 23, details of—

for each request for assistance under section 25, details of—

for each direction given under section 27, details of—

for each request made under section 35, details of—

for each request made under section 37, details of—

for each direction given under section 38, details of—

for each request made under section 42, details of—

the Minister responsible for the intelligence and security agency:

the Inspector-General.

Type 1 intelligence warrants:

Type 2 intelligence warrants.

any person who is—

a class of persons that includes a person who is—

state the type of intelligence warrant applied for; and

set out details of the activity proposed to be carried out under the warrant; and

set out the grounds on which the application is made (including the reasons why the legal requirements for issuing the warrant are believed to be satisfied); and

contain a statement in which the Director-General making the application confirms that all of the information set out in the application is true and correct.

the authorising Minister; and

the Chief Commissioner of Intelligence Warrants.

the authorising Minister; and

a Commissioner of Intelligence Warrants.

that the issue of the Type 1 intelligence warrant will enable the intelligence and security agency to carry out an activity that—

that the additional criteria in section 61 are met.

terrorism or violent extremism:

espionage or other foreign intelligence activity that—

sabotage (within the meaning of section 79 of the Crimes Act 1961):

proliferation of weapons of mass destruction:

anything that may be relevant to serious crime and that—

threats to, or interference with, information (including communications) or information infrastructure of importance to the Government of New Zealand:

threats to—

that the issue of the Type 1 intelligence warrant will enable the intelligence and security agency to carry out an activity that will contribute to—

that there are reasonable grounds to suspect that—

that the additional criteria in section 61 are met.

that the issue of the Type 2 intelligence warrant will enable the intelligence and security agency to carry out an activity that—

that the activity is not in respect of a person, or class of persons, for which a Type 1 warrant is required; and

that the additional criteria in section 61 are met.

the carrying out of the otherwise unlawful activity (a proposed activity) by an intelligence and security agency is necessary to enable the agency to perform a function under section 10 or 11; and

the proposed activity is proportionate to the purpose for which it is to be carried out; and

the purpose of the warrant cannot reasonably be achieved by a less intrusive means; and

there are satisfactory arrangements in place to ensure that—

carry out all of the activities authorised by a joint intelligence warrant; and

exercise all of the powers under a joint intelligence warrant.

New Zealand’s foreign policy; or

New Zealand’s international relations.

the authorising Minister and a Commissioner of Intelligence Warrants, in the case of a Type 1 intelligence warrant:

the authorising Minister, in the case of a Type 2 intelligence warrant.

the type of intelligence warrant issued:

the Director-General to whom the warrant is issued or, if the warrant is issued on a joint application made under section 56, that it is issued to the Director-General of Security and the Director-General of the Government Communications Security Bureau:

the objective in section 9 to which the warrant relates:

the purpose for which the warrant is issued:

the person or class of persons (if any) in respect of whom the otherwise unlawful activity is being carried out:

the particular activity or activities authorised to be carried out:

any restrictions or conditions imposed under section 64:

the term of the warrant:

the date of issue of the warrant.

conducting surveillance in respect of 1 or more—

intercepting any private communications or classes of private communications:

searching 1 or more—

seizing—

requesting the government of, or an entity in, another jurisdiction to carry out an activity that, if carried out by an intelligence and security agency, would be an unlawful activity:

taking any action to protect a covert collection capability:

any human intelligence activity to be carried out for the purpose of collecting intelligence, not being an activity that—

enter—

install, use, maintain, or remove—

access an information infrastructure or a class of information infrastructures:

open (by any means) or interfere with a vehicle, container, receptacle, or other thing:

take photographs, sound recordings, video recordings, or drawings of the place, vehicle, or other thing entered or searched, and of any item found in or on that place or thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the activity:

bring into and use in or on a place, vehicle, or other thing searched any equipment:

use any equipment found in or on the place, vehicle, or other thing searched:

extract and use, in the course of carrying out activities allowed by the warrant, any electricity from a place or thing:

bring into and use in or on a place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching or other intelligence duties and that is under the control of its usual handler):

use any force in respect of any property or thing that is reasonable for the purposes of carrying out a search or seizure:

do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the warrant and to keep the activities of the intelligence and security agency covert:

do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.

access an information infrastructure, or a class of information infrastructures:

install, use, maintain, or remove a visual surveillance device to maintain the operational security of any activity authorised to be carried out:

install, use, maintain, or remove an interception device:

extract and use, in the course of carrying out activities allowed by the warrant, any electricity from a place or thing:

do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the warrant and to keep the activities of the intelligence and security agency covert:

do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.

instructing, communicating with, storing data in, retrieving data from, or otherwise making use of the resources or features of the infrastructure:

making photographs, videos, and sound recordings, or using the infrastructure or any part of it.

a New Zealand citizen; or

a permanent resident of New Zealand.

the authorising Minister and a Commissioner of Intelligence Warrants may, if satisfied that a situation of urgency exists and that it is necessary to do so,—

the authorising Minister may, if satisfied that a situation of urgency exists and that it is necessary to do so without the involvement of a Commissioner of Intelligence Warrants,—

the authorising Minister must immediately notify the Chief Commissioner of Intelligence Warrants; and

the Chief Commissioner of Intelligence Warrants may, at any time before an application required by section 74 is determined, revoke the warrant.

allow the application to be made orally (for example, by a telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application in writing; and

issue urgently in accordance with section 60 a Type 2 intelligence warrant.

the authorising Minister; or

the authorising Minister and the Commissioner of Intelligence Warrants, in the case of a warrant issued under section 71(2)(a)(ii).

confirm the urgent intelligence warrant, and that warrant must then be treated as a Type 1 intelligence warrant issued under section 58 or 59 (as the case may be) on the date on which the urgent intelligence warrant was issued; or

revoke the intelligence warrant issued under section 71.

confirm the urgent intelligence warrant, and that warrant must then be treated as a Type 2 intelligence warrant issued under section 60 on the date on which the urgent intelligence warrant was issued; or