Intelligence and Security Bill

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Rt Hon Bill English

Intelligence and Security Bill

Government Bill

158—3

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

	Register of intelligence warrants
89	Register of intelligence warrants
	Amendment and revocation of intelligence warrants
89A	Amendment and revocation of intelligence warrants
	Subpart 2—Removal warrants
90	Issue of removal warrant to retrieve previously installed devices
90A	Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases
90B	Powers of New Zealand Security Intelligence Service acting under removal warrant
	Subpart 3A—Practice warrants
91	Types of practice warrant
91A	Testing warrant
91B	Training warrant
91C	Application for issue of practice warrant
91D	Criteria for issue of practice warrant
91E	Issue of practice warrant
91F	Minister of Foreign Affairs to be consulted in relation to issue of practice warrants in certain cases
91G	Practice warrants may be issued subject to restrictions or conditions
91H	Term of practice warrant
91I	Matters to be stated in practice warrant
91J	Authorised activities
91K	Powers of New Zealand Security Intelligence Service acting under practice warrant
91L	Powers of Government Communications Security Bureau acting under practice warrant
91M	Report on practice warrant activities
	Subpart 3B—Unauthorised, irrelevant, and incidentally obtained information
91N	Destruction of unauthorised information
91O	Destruction of irrelevant information
91P	Retention of incidentally obtained information
	Return of physical items seized
91Q	Physical items seized to be returned after search or analysis
	Subpart 3C—Offences and immunities
91R	Offence to provide false or misleading information
91S	Failure to destroy information
91T	Unlawful use or disclosure of information
91U	Unlawful disclosure of acquired information
91V	Immunities from criminal liability in relation to obtaining intelligence warrant
91W	Immunities from criminal liability in relation to carrying out authorised activity
	Subpart 4—Commissioners of Intelligence Warrants
92	Appointment of Commissioners
93	Eligibility for appointment
94	Functions of Commissioners
95	Additional functions of Chief Commissioner of Intelligence Warrants
95A	Delegation of functions of Chief Commissioner of Intelligence Warrants
96	Administrative provisions relating to Commissioners
	Part 5 Accessing information held by other agencies
97	Interpretation
98	Relationship between this Part and other law relating to information disclosure
	Subpart 1—Request and disclosure of information
99	Purpose of subpart
100	Requests for information
101	Disclosure of information to intelligence and security agency
	Register of section 101 certificates
101A	Register of section 101 certificates
	Subpart 2—Direct access to database information
102	Purpose of subpart
103	Direct access to certain information
104	Matters to which Ministers must have regard before entering into direct access agreement
105	Consultation with Privacy Commissioner before entering into direct access agreement
105A	Consultation with Inspector-General before entering into direct access agreement
106	Content of direct access agreements
106A	Variation of direct access agreement
107	Publication of direct access agreements
108	Review of agreements
109A	Relationship between subpart and other law
	Subpart 3—Access to restricted information
110	Purpose of subpart
111	Meaning of restricted information
112	Application for permission to access restricted information
113	Permission to access restricted information granted on application made under section 112(2)(a)
114	Permission to access restricted information granted on application made under section 112(2)(b)
115	Further criteria for permitting access to restricted information
116	Permission must specify restricted information that may be accessed
117	Access to restricted information must be provided if permitted
118	Use, retention, and disclosure of restricted information
	Subpart 4—Obtaining business records of telecommunications network operators and financial service providers
118A	Purpose of subpart
118B	Interpretation
	Approval to obtain business records
118C	Application for approval to obtain business records
118D	Joint application for approval
118E	Approval to obtain business records
118F	Duration of approval
118G	Amendment and revocation of approvals
	Issue of business records direction
118H	Director-General of intelligence and security agency may issue business records direction
118I	Compliance with business records direction
118J	Business records to be destroyed if not required by intelligence and security agency
	Register of business records directions
118K	Register of business records directions
118L	Subpart does not create any new obligation to create or maintain records
	Relationship with other law
118M	Relationship between subpart and other law
	Part 6 Oversight of intelligence and security agencies
119	Purpose of Part
	Subpart 1—Inspector-General of Intelligence and Security
	Appointment, functions, duties, and powers of Inspector-General
120	Appointment of Inspector-General
121	Functions of Inspector-General
122	Inspector-General to prepare and publish annual work programme
123	Disclosures to Inspector-General or Deputy Inspector-General
124	Consultation by Inspector-General
125	Jurisdiction of courts and other agencies not affected
126	Reviews relating to authorisations and authorised activities
	Appointment, functions, duties, and powers of Deputy Inspector-General
127	Appointment of Deputy Inspector-General
128	Functions, duties, and powers of Deputy Inspector-General
	Administrative provisions
129	Administrative provisions relating to offices of Inspector-General and Deputy Inspector-General
	Advisory panel
130	Advisory panel
131	Functions of advisory panel
132	Membership of advisory panel
133	Administrative provisions relating to advisory panel
	Complaints
134	Complaints that may be made to Inspector-General
135	Form of complaint
136	Procedure on receipt of complaint
137	Inspector-General may decide not to inquire or continue to inquire into complaint
	Procedure for inquiries
138	Commencing of inquiry
139	Evidence
140	Evidence of breach of duty or misconduct by employee of intelligence and security agency
141	Power to summon persons
142	Power to require information and documents
143	Disclosure of information may be required despite obligation of secrecy
144	Protection and privileges of witnesses
145	Information disclosed to Inspector-General privileged
145A	Inspector-General, etc, not compellable witnesses
146	Power of entry
	Procedure on completion of inquiry
147	Inspector-General to prepare report on completion of inquiry
148	Advice on compliance with Inspector-General’s recommendations
149	Minister to respond to Inspector-General’s report
150	Publication of Inspector-General’s report
151	Return of documents, etc, after inquiry
152	Proceedings not to be questioned or reviewed
153	Offence to publish information relating to inquiry
	Subpart 2—Intelligence and Security Committee
	Continuation of Intelligence and Security Committee
154	Intelligence and Security Committee
155	Functions of Committee
156	Membership of Committee
157	Filling vacancy in membership of Committee
158	Endorsement of nominated members
159	Committee not to transact business until nominated members endorsed
160	Chairperson of Committee
160A	Privilege
161	Administrative provisions relating to Committee
	Evidence
162	Attendance before Committee
162A	Meaning of sensitive information
163	Provision of information to Committee
164	Secrecy of information disclosed to Committee
164A	Committee’s records may be copied to House of Representatives
	Part 7 Miscellaneous provisions
	Ministerial policy statements
165	Issue of ministerial policy statements
166	Issue of ministerial policy statements relating to co-operating, etc, with overseas public authorities
167	Issue of additional ministerial policy statements
167A	Effect of ministerial policy statement
168	Content of ministerial policy statements
169	Consultation on proposed ministerial policy statements
170	Amending, revoking, or replacing ministerial policy statements
171	Ministerial policy statements applying to both intelligence and security agencies
172	Duration of ministerial policy statement
173	Publication of ministerial policy statements
174	Status of ministerial policy statements
	Security records
175	Powers in relation to security records
176	Disclosure of information relating to activities of intelligence and security agency
	Confidentiality
177	Duty of confidentiality
	Security clearance information
178	Use of information provided for security clearance assessment
	Annual reports
179	Annual reports of intelligence and security agencies
180	Annual report of Inspector-General
181	Annual report of Intelligence and Security Committee
182	Restrictions on reports to House of Representatives
	Offences
183	Obstructing, hindering, resisting, or deceiving Inspector-General
184	Personation
185	Restriction on publication and broadcasting of information regarding employees
	False or misleading representations about employment and identity
186	Employee may make false or misleading representations about employment
187	Protections relating to representations about identity
	Exceptions and immunities
188	Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances
189	Exceptions to Land Transport (Road User) Rule 2004
190	Burden of proof to establish immunity and relationships between immunities
	Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet
191	Functions of Chief Executive of DPMC in relation to intelligence and assessments
192	Duty to act independently
	Periodic reviews
193	Requirement to hold periodic reviews
194	Appointment of reviewers and related matters
195	Provision of information
196	Report of reviewers
197	Remuneration of reviewers
198	Provision of administrative and other support
199	Reviewers to determine own procedure
	Part 8 Repeals and amendments
	Repeals
200	Repeals
	Amendments to Biosecurity Act 1993
200A	Amendments to Biosecurity Act 1993
200B	Section 142I amended (Disclosure of personal information in New Zealand)
	Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
201	Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
202	Section 2 amended (Interpretation)
203	Section 65 amended (Request for new identity information for certain witnesses, etc)
204	Section 75F amended (Searches for certain authorised purposes)
205	Section 78 amended (Restrictions on searches relating to new names of certain witnesses, etc)
	Amendments to Corrections Act 2004
205A	Amendments to Corrections Act 2004
205B	Section 3 amended (Interpretation)
205C	Section 117 amended (Authorised disclosure of information)
	Amendments to Crimes Act 1961
206	Amendments to Crimes Act 1961
207	New section 78AA inserted (Wrongful communication, retention, or copying of classified information)
	78AA	Wrongful communication, retention, or copying of classified information
208	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
208A	Amendments to Customs and Excise Act 1996
208B	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
208C	New section 293A inserted (Saving of agreements made under section 280M before commencement of section 208B of Intelligence and Security Act 2016)
	293A	Saving of agreements made under section 280M before commencement of section 208B of Intelligence and Security Act 2016
	Amendment to Education Act 1989
209	Amendment to Education Act 1989
210	Section 346 amended (Offences)
	Amendment to Electronic Identity Verification Act 2012
211	Amendment to Electronic Identity Verification Act 2012
212	Section 12 amended (Exception to section 11 for certain individuals with new identity information)
	Amendment to Employment Relations Act 2000
213	Amendment to Employment Relations Act 2000
214	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
215	Amendments to Immigration Act 2009
216	Section 3 amended (Purpose)
217	Section 4 amended (Interpretation)
218	Section 9A amended (Meaning of mass arrival group)
219	Section 29 amended (Automated decision making in advance passenger processing)
220	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
221	Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand)
222	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
223	Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand)
224	Section 102 amended (Obligations of carriers, and persons in charge, of craft to provide information)
225	Section 303 amended (Disclosure of information to enable specified agencies to check identity and character)
226	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
227	Section 349 amended (Offences relating to carriers, and persons in charge, of craft)
228	Section 366 amended (Evidence in proceedings: certificates in relation to persons)
229	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
230	Amendments to Land Transport Act 1998
231	Section 24A ~~replaced~~ amended (Authorised persons may request driver licences for certain persons)
232	Section 200 amended (Restrictions on access to photographic images of driver licence holders)
	Amendments to Passports Act 1992
233	Amendments to Passports Act 1992
234	Section 2 amended (Interpretation)
235	Section 4 amended (Issue of passport)
236	Section 4A repealed (Refusal to issue passport on grounds of national security)
237	Section 8A repealed (Cancellation of passport on grounds of national security)
238	Section 9 amended (Cancellation of passport on other grounds)
239	Section 11 amended (Delivery of recalled passport)
240	Section 11A amended (Warnings on New Zealand travel document database)
241	Section 20 amended (Cancellation of certificate of identity)
242	Section 20A repealed (Cancellation of certificate of identity on grounds of national security)
243	Section 22 amended (Delivery of recalled certificate of identity)
244	Section 23 amended (Issue of emergency travel document)
245	Section 25 amended (Cancellation of emergency travel document)
246	Section 25A repealed (Cancellation of emergency travel document on grounds of national security)
247	Section 27 amended (Delivery of recalled emergency travel document)
248	Section 27A amended (Issue of refugee travel document)
249	Section 27B repealed (Refusal to issue refugee travel document on grounds of national security)
250	Section 27D amended (Cancellation of refugee travel document)
251	Section 27E repealed (Cancellation of refugee travel document on grounds of national security)
252	Section 27G amended (Delivery of recalled refugee travel document)
253	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
254	Section 27I amended (Electronic cancellation of New Zealand travel documents)
255	Section 28 amended (Appeal to High Court)
256	Section 29 amended (Appeal to Court of Appeal in certain cases)
257	Cross-heading above section 29AA replaced
258	Section 29AA amended (Proceedings where national security involved)
259	Section 29AB amended (Proceedings involving classified security information)
260	New section 37B inserted (Crown liability)
	37B	Crown liability
261	Section 46 repealed (Transitional provision)
	Amendments to Privacy Act 1993
262	Amendments to Privacy Act 1993
262A	Section 2 amended (Interpretation)
263	Section 6 amended (Information privacy principles)
264	Section 57 replaced (Intelligence organisations)
	57	Exemption for intelligence and security agencies
264A	Cross-heading above section 81 amended
264B	Section 81 replaced (Special procedure relating to intelligence organisations)
	81	Special procedure relating to intelligence and security agencies
	Amendments to Protected Disclosures Act 2000
265	Amendments to Protected Disclosures Act 2000
266	Section 3 amended (Interpretation)
267	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
268	Amendments to Public Finance Act 1989
269	Section 2 amended (Interpretation)
270	Section 15A amended (Main Appropriation Bill: supporting information relating to appropriations)
271	Section 45E amended (Application of this Part to intelligence and security departments)
	Amendment to Remuneration Authority Act 1977
271A	Amendment to Remuneration Authority Act 1977
271B	Schedule 4 amended
	Amendments to Search and Surveillance Act 2012
272	Amendments to Search and Surveillance Act 2012
273	Subpart 8 heading in Part 2 amended
274	Section 25 amended (Warrantless searches if offence against section 78 of Crimes Act 1961 suspected)
	Amendments to State Sector Act 1988
275	Amendments to State Sector Act 1988
276	Section 44 amended (Special provisions in relation to certain chief executives)
277	Schedule 1 amended
	Amendment to Tax Administration Act 1994
278	Amendment to Tax Administration Act 1994
279	Section 81 amended (Officers to maintain secrecy)
	Consequential amendments
280	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

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