Intelligence and Security Bill

  • enacted

Annual reports

179 Annual reports of intelligence and security agencies

(1)

As soon as practicable after the end of each financial year, the Director-General of each intelligence and security agency must provide to the Minister responsible for that intelligence and security agency a report (an annual report) on the activities of the agency during that year.

(2)

An annual report must contain the information required by section 45 of the Public Finance Act 1989 and, additionally, include—

(aa)

a statement as to the number of occasions on which the agency has provided assistance under section 16(1)(b) to—

(i)

the New Zealand Police; and

(ii)

the New Zealand Defence Force; and

(ab)

a statement as to the number of occasions on which the agency has provided assistance under section 17; and

(a)

a statement as to the number of applications made by the agency for the following:

(i)

a Type 1 intelligence warrant; and

(ii)

a Type 2 intelligence warrant; and

(iii)

the urgent issue of a Type 1 intelligence warrant under section 69; and

(iv)

the urgent issue of a Type 2 intelligence warrant under section 70; and

(v)

a joint Type 1 intelligence warrant under section 54; and

(vi)

a joint Type 2 intelligence warrant under section 54; and

(b)

a statement as to the number of applications referred to in each of subparagraphs (i) to (vi) of paragraph (a) that were—

(i)

approved; and

(ii)

declined; and

(c)

a statement as to the number of authorisations given by the Director-General under section 77; and

(d)

a statement as to the number of applications made by the agency under section 112 for permission to access restricted information; and

(e)

a statement as to the number of applications referred to in paragraph (d) that were—

(i)

approved; and

(ii)

declined; and

(ea)

a statement as to the number of business records directions issued by the agency to business agencies under section 118Gsection 118H; and

(f)

a statement setting out—

(i)

a summary of the agency’s equal employment opportunities programme for the year; and

(ii)

an account of the extent to which the agency was, during the year, able to meet that programme.

(3)

As soon as practicable after receiving an annual report, the Minister must give a copy to the Intelligence and Security Committee.

(4)

Within 30 working days after receiving an annual report, the Minister must present a copy of the report to the House of Representatives in which—

(a)

the financial statements are replaced with a statement recording the total of the actual expenses and capital expenditure incurred by the agency for the year against the agency’s appropriation for that financial year; and

(b)

information may be deleted in accordance with a direction of the Minister under subsection (5).

(5)

Before presenting a copy of an annual report to the House of Representatives, the Minister may direct that any information (other than the statements referred to in subsections (2) and (4)(a)) be deleted excluded from the report if the Minister considers that the information, if publicly disclosed, would be likely—

(a)

to prejudice the security or defence of New Zealand or international relations of the Government of New Zealand; or

(b)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of any other country or any agency of such a Government; or

(c)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by any international organisation; or

(d)

to endanger the safety of any person; or

(e)

to prejudice the privacy of an individual.

(6)

As soon as practicable after an annual report has been presented to the House of Representatives, the agency must make a copy of the report (as presented to the House of Representatives) publicly available on an Internet site maintained by or on behalf of the agency.

(7)

In this section,—

equal employment opportunities programme has the meaning given to it by section 58(3) of the State Sector Act 1988

working day has the meaning given to it by section 2(1) of the Public Finance Act 1989.

Compare: 1969 No 24 s 4J; 1989 No 44 ss 44(4), 45E(1)(c)(ii); 2003 No 9 s 12