Explanatory note

This Supplementary Order Paper inserts a requirement that the Bill may not be assented to without first holding an independent review of New Zealand’s security agencies and incorporating those recommendations into the Bill prior to the third reading.

This Supplementary Order Paper also makes a number of amendments to the definitions in clause 3. The definition of national security is deleted as it is redundant. The Bill as drafted places onerous obligations upon network operators and may capture many who it may not have intended to capture. The definition of network operator is amended so that blogs, sites such as (but not limited to) newspaper websites, and other sites such as TradeMe are not captured by this legislation. The definition of service provider is amended to return it to the wording as it was at the Bill's introduction. The definition of surveillance agency is replaced to clarify that this term only applies to New Zealand agencies.

This Supplementary Order Paper inserts a new clause 35A that establishes a Technical Advisory Board to which matters must be referred in instances where the Minister will be required to exercise their discretion or prescribe an additional area of specified security interest.

A new definition of network operator is inserted in clause 46(4). This limits the network operators to whom these sections apply to a class of network operators positively identified, rather than providing blanket coverage of all network providers from which exemptions may be sought.

Clause 48 is deleted as it relates to exemptions and is redundant as the presumption with amendments to clauses 46 and 47 is for specific inclusion rather than blanket coverage.