Rt Hon John Key
Government Bill
109—2
As reported from the Intelligence and Security Committee
Commentary
Key
1 Title
2 Commencement
Part 1Amendments to Government Communications Security Bureau Act 2003
3 Principal Act
4 Section 3 amended (Purpose)
5 Section 4 amended (Interpretation)
6 Sections 7 and 8 replaced
7 Objective of Bureau
8 Functions of Bureau
8A Information assurance and cybersecurity
8B Intelligence gathering and analysis
8C Co-operation with other entities to facilitate their functions
8CA Principles underpinning performance of Bureau's functions
8D Director has full powers for purpose of performing Bureau's functions
7 Section 9 replaced (Director of Bureau)
9 Appointment of Director
9A Appointment process
9B Remuneration and conditions of appointment of Director
9C Removal from office
9D Review of performance of Director
8 Section 11 amended (Prohibition on unauthorised disclosure of information)
9 Section 12 amended (Annual report)
10 Part 3 heading replaced
11 Section 13 replaced (Purpose of Part)
13 Purpose of Part
12 Section 14 replaced (Interceptions not to target domestic communications)
14 Interceptions not to target New Zealand citizens or permanent residents for intelligence-gathering purposes
13 Section 15 amended (Interceptions for which warrant or authorisation required)
14 New sections 15A to 15F and cross-heading inserted
Authorisations to intercept communications or access information infrastructures
15A Authorisation to intercept communications or access information infrastructures
15B Involvement of Commissioner of Security Warrants
15C Privileged communications
15D Information that interception warrant or access authorisation must contain
15E Warrant or authorisation may authorise persons to assist person giving effect to warrant or authorisation
15F Expiry of warrant or authorisation not to prevent further application
15 Section 16 amended (Certain interceptions permitted without interception warrant or computer access authorisation)
16 Section 17 and cross-heading repealed
17 Section 18 amended (Persons acting under warrant)
17 Section 18 repealed (Persons acting under warrant)
18 Section 19 and cross-heading replaced
Register of interception warrants and access authorisations
19 Register of interception warrants and access authorisations
Urgent issue of warrants and authorisations
19A Urgent issue of warrants and authorisations
19 Section 20 amended (Director’s functions in relation to warrants and authorisations not to be delegated)
20 Section 21 replaced (Action taken in accordance with warrant or authorisation justified)
21 Immunity from civil and criminal liability
21 Section 22 amended (Term of warrant or authorisation)
21 Section 22 repealed (Term of warrant or authorisation)
22 Section 23 amended (Destruction of irrelevant records obtained by interception)
23 Section 24 amended (Duty to minimise impact of interception on third parties)
24 Section 25 replaced (Prevention or detection of serious crime)
25 When incidentally obtained intelligence may be retained and communicated to other persons
25 New sections 25A and 25B and cross-heading inserted
Protection and disclosure of personal information
25A Formulation of policy on personal information
25B Principles to protect personal information
26 Consequential amendments
Part 2Amendments to Inspector-General of Intelligence and Security Act 1996
27 Principal Act
28 Section 2 amended (Interpretation)
29 Section 5 and cross-heading replaced
Inspector-General and Deputy Inspector-General of Intelligence and Security
5 Inspector-General and Deputy Inspector-General of Intelligence and Security
30 Section 6 amended (Term of office)
31 Section 11 amended (Functions of Inspector-General)
32 Section 12 amended (Consultation)
33 Section 15 amended (Jurisdiction of courts and other agencies not affected)
33A New sections 15A to 15F and cross-heading inserted
Advisory panel
15A Advisory panel established
15B Function of advisory panel
15C Membership of advisory panel
15D Remuneration of appointed members of advisory panel
15E Clerical and secretarial services
15F Advisory panel to determine own procedure
33B Section 24 amended (Proceedings privileged)
34 Section 25 amended (Reports in relation to inquiries)
35 New section 25A inserted (Publication of Inspector-General's reports under section 25)
25A Publication of Inspector-General's reports under section 25
35A Section 26 amended (Disclosure)
36 Section 27 amended (Reports by Inspector-General)
36A Section 28 amended (Secrecy)
Part 3Amendments to Intelligence and Security Committee Act 1996
37 Principal Act
38 Section 6 amended (Functions of Committee)
39 New section 7A inserted (Further provisions relating to chairperson and Leader of the Opposition)
7A Further provisions relating to chairperson and Leader of the Opposition
39A Section 13 amended (Meetings of Committee)
40 Section 18 amended (Restrictions on reports to House of Representatives)
ScheduleConsequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: