Security Information in Proceedings (Repeals and Amendments) Act 2022

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  • Section 39, new section 2AA(2) and(3): editorial changes made, on 22 February 2023, under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).
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Security Information in Proceedings (Repeals and Amendments) Act 2022

Public Act
 
2022 No 72
Date of assent
 
28 November 2022
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments relating to national security information in criminal proceedings
Amendments to Criminal Disclosure Act 2008
3Principal Act
4New section 4A inserted (Transitional, savings, and related provisions)
4ATransitional, savings, and related provisions
5Section 6 amended (Interpretation)
6Section 16 amended (Reasons for withholding information)
7New section 26B inserted (National security interests: notification and hearing when non-party is Crown)
26BNational security interests: notification and hearing when non-party is Crown
8Section 28 amended, renumbered as section 26A, and repositioned (Procedure if Judge subsequently satisfied that another person holds information sought)
9Section 29 amended (Determination of court following non-party disclosure hearing)
10New section 30A inserted (National security interests: application for order under section 30)
30ANational security interests: application for order under section 30
11New Schedule 1AA inserted
Amendments to Criminal Procedure Act 2011
12Principal Act
13Section 5 amended (Interpretation)
14Section 5A replaced (Transitional, savings, and related provisions)
5AInterpretation: evidence based on national security information
15Section 78 amended (Court may order pre-trial admissibility hearing if trial to be Judge-alone trial)
16New section 79A inserted (Pre-trial admissibility hearing: national security information)
79APre-trial admissibility hearing: national security information
17Section 84 amended (Persons who may give evidence under assumed name)
18Section 90 amended (Application for oral evidence order)
19Section 91 replaced (Application for leave to question undercover Police officer’s identity must be dealt with by High Court)
91Application for leave to question identity of undercover Police officer or intelligence witness to be determined by High Court
20Section 94 amended (Withdrawal of charge if oral evidence order made for examination of undercover Police officer)
21Section 101 amended (Pre-trial order relating to admissibility of evidence: jury trial)
22New section 101A inserted (National security information: pre-trial hearing and order)
101ANational security information: pre-trial hearing and order
23Section 112 amended (Court must dismiss charge in certain cases)
24New section 113A and cross-heading inserted
Evidence based on national security information
113ANational security information: admissibility hearing in course of trial
25Section 146 amended (Withdrawal of charge)
26New section 146A inserted (Withdrawal of charge due to risk to national security interests)
146AWithdrawal of charge due to risk to national security interests
27Section 147 amended (Dismissal of charge)
28New section 147A inserted (Dismissal of charge when information withheld due to risk to national security interests)
147ADismissal of charge when information withheld due to risk to national security interests
29Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
30Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
31Schedule 1AA amended
Part 2
Amendments relating to classified security information: administrative requirements and proceedings
Amendments to Overseas Investment Act 2005
32Principal Act
33Section 4 amended (Overview)
34Section 6 amended (Interpretation)
35Subpart 3 of Part 3 replaced
Subpart 3—Protection of classified security information
113Proceedings involving classified security information
114Meaning of classified security information
36Schedule 1AA amended
Amendments to Passports Act 1992
37Principal Act
38Section 2 amended (Interpretation)
39New section 2AA inserted (Meaning of classified security information)
2AAMeaning of classified security information
40Section 27GC amended (Person to be notified of action taken under section 27GA)
41New section 27GCA inserted (CSI summary)
27GCACSI summary
42New section 27GFA inserted (Notification to Inspector-General of Intelligence and Security of provision of classified security information)
27GFANotification to Inspector-General of Intelligence and Security of provision of classified security information
43Section 29AA amended (Proceedings where national or international security involved)
44Sections 29AB and 29AC replaced
29ABProceedings involving classified security information
45Schedule 1 amended
Amendments to Telecommunications (Interception Capability and Security) Act 2013
46Principal Act
47Section 3 amended (Interpretation)
48New sections 3A and 3B inserted
3AMeaning of classified security information
3BTransitional, savings, and related provisions
49Section 19 amended (Direction)
50Section 32 amended (Decision-making process)
51Section 36 amended (Decision-making process)
52Section 39 amended (Review)
53Section 40 amended (Direction notice)
54New subpart 7 of Part 2 inserted
Subpart 7—Provisions that apply when classified security information used in decisions
44AApplication and interpretation
44BWritten notice and summary of classified security information
55Section 56 amended (Review by Commissioner of Intelligence Warrants)
56Section 57 amended (Minister may make direction)
57New section 57A inserted (Provisions that apply when classified security information used or provided for decisions)
57AProvisions that apply when classified security information used or provided for decisions
58Subpart 8 of Part 4 replaced
Subpart 8—Classified security information in proceedings
101Proceedings involving classified security information
59Section 123 amended (Consequential amendments)
60New Schedule 1AA inserted
61Schedule amended
Amendments to Terrorism Suppression Act 2002
62Principal Act
63Section 4 amended (Interpretation)
64New section 4A inserted (Classified security information defined)
4AClassified security information defined
65Section 21 amended (Further provisions relating to interim designation)
66Section 23 amended (Further provisions relating to final designation)
67Section 26 amended (Content of notice to designated entity)
68Section 27 amended (Content of notice to public and others)
69Section 29A amended (Changes of description of designated entities)
70New cross-heading above section 29B (as renumbered and repositioned by section 78 of this Act) inserted
Expiry, renewal, and revocation of designations
71New section 29D inserted (Notification of decisions about expiry or revocation of designations)
29DNotification of decisions about expiry or revocation of designations
72Cross-heading above section 30 replaced
Material on which designations, renewals, or revocations may be based
73Section 30 amended (Information available to Prime Minister)
74New sections 31 and 31A and cross-heading inserted
Additional requirements where classified security information used in certain decisions
31Provision of summary of classified security information
31ANotification to Inspector-General of Intelligence and Security of provision of classified security information
75Section 32 repealed (Classified security information defined)
76Cross-heading above section 33 replaced
Proceedings arising out of designations, renewals, and revocations
77Section 34 renumbered as section 29C and repositioned (Revocation of designations)
78Section 35 renumbered as section 29B and repositioned (Designations under section 22 to expire after 3 years unless renewed by Prime Minister)
79Section 38 replaced (Procedure in proceedings involving classified security information)
38Proceedings involving classified security information
80Section 40 repealed (Ancillary general practices and procedures to protect classified security information)
81Section 42 amended (Notification of revocation, expiry, or invalidity of designations)
82Section 58 amended (Appeal against decision on application under section 55)
83Section 59 amended (Discharge of order under section 55 on appeal)
84Schedule 1AA amended
Part 3
Amendments to other related Acts
Amendment to Crown Proceedings Act 1950
85Principal Act
86Section 27 replaced (Discovery)
27Interrogatories and discovery
Amendments to Employment Relations Act 2000
87Principal Act
88Section 133 amended (Jurisdiction concerning penalties)
89Section 178 amended (Removal to court)
90New section 178AA inserted (Removal to court of proceeding involving national security information)
178AARemoval to court of proceeding involving national security information
91Section 187 amended (Jurisdiction of court)
Amendments to Evidence Act 2006
92Principal Act
93Section 70 amended (Discretion as to matters of State)
94Section 102 amended (Application)
95New sections 109A and 109B and cross-heading inserted
Giving of evidence by intelligence officers and intelligence sources
109ACertificates relating to intelligence officers and intelligence sources
109BEffect of certificate under section 109A
96Section 120 amended (Persons who may sign statements by assumed name)
97Schedule 1AA amended
Amendments to Health and Safety at Work Act 2015
98Principal Act
99Section 162 repealed (Proceedings involving classified security information)
100Schedule 4 repealed
Amendment to Outer Space and High-altitude Activities Act 2017
101Principal Act
102Section 55 amended (Minister must consult security Ministers about national security)
Amendment to Terrorism Suppression (Control Orders) Act 2019
103Principal Act
104Section 36 repealed (Additional requirements for decisions that supporting information is not disclosable)
Schedule 1
New Schedule 1AA inserted into Criminal Disclosure Act 2008
Schedule 2
New Part 3 inserted into Schedule 1AA of Criminal Procedure Act 2011
Schedule 3
New Part 7 inserted into Schedule 1AA of Overseas Investment Act 2005
Schedule 4
New Part 2 inserted into Schedule 1 of Passports Act 1992
Schedule 5
New Schedule 1AA inserted into Telecommunications (Interception Capability and Security) Act 2013
Schedule 6
New Part 2 inserted into Schedule 1AA of Terrorism Suppression Act 2002
Schedule 7
New Part 2 inserted into Schedule 1AA of Evidence Act 2006
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: