Clause 10 sets out the purpose of subpart 1 of Part 2, which is to allow the Commissioner to authorise members of the Armed Forces to assist the Police (and undertake any training required to do that) for the purposes of this Act. The authorisation may allow assistance during the leaders’ event period and any training periods.

Clauses 11 and 12 provide for the authority and set out the criteria. An authority is in addition to any assistance the Armed Forces may provide under the Defence Act 1990. Clause 13 allows the Commissioner to impose any conditions the Commissioner thinks fit. Clause 14 sets out what information must be stated on an authority.

The effect of an authority is that the authorised member of the Armed Forces has the powers of a constable (for the specified period). This effect is achieved by clause 11(1)(a) and also by the related amendment in clause 126(3) to the Policing Act 2008. This related amendment provides that, during the period the Bill is in force, a reference to the term constable must be read as including a reference to an authorised Armed Forces member.

As with other instruments that may be made under the Bill, the Commissioner may revoke or amend (or replace) an authority as the Commissioner sees fit. That is the effect of section 15 of the Interpretation Act 1999, which provides that the power to make or issue an instrument includes the power to revoke or amend (or replace) it.

Clause 15 provides that an authorised member of the Armed Forces must act in accordance with the lawful instructions and directions of the constable in charge. Clause 15 also provides that the member is subject to all accountability mechanisms applying to constables and to all disciplinary action that may be taken against a member of the Armed Forces. The member remains a member of the Armed Forces under the command of the Chief of Defence Force and will not be a Police employee.

An accountability mechanism for constables will apply to the authorised Armed Forces members via a related amendment to the Independent Police Conduct Authority Act 1988 made in clause 123. The amendment in clause 123 requires the members to be treated as if they were Police employees for the purposes of that Act. This has the effect of enabling complaints about their conduct to the Independent Police Conduct Authority (IPCA). In addition, the IPCA can conduct some investigations of its own motion. The Police code of conduct will apply to authorised Armed Forces members because of the amendment to the Policing Act 2008 in clause 126(5).

Clause 16 allows the Commissioner and the Chief of Defence Force to share information about the actions and conduct of a member of the Armed Forces while the member is authorised under subpart 1 of Part 2.

Clause 17 sets out the purpose of subpart 2 of Part 2, which is to allow the Commissioner to authorise appropriately trained people to assist Police during the leaders’ event period for the purposes of this Bill.

Clauses 18 and 19 provide for this authority and set out the criteria.

Clause 18 provides that the various people who may be authorised are—

• employees of a New Zealand government agency (for example, Customs officers or Avsec staff):

• members of the Australian Police:

• people commonly known as security guards, who are called crowd controllers (or, if employed, crowd control employees) in the Private Security Personnel and Private Investigators Act 2010.

The authority is in addition to the Commissioner’s power to appoint people as Police employees under section 18 of the Policing Act 2008. A Police employee may become a constable in accordance with section 22 of that Act. (For example, a member of the Australian Police could be made a temporary employee and then sworn in as a constable under section 22 rather than being authorised as an APEC security staff member.)

Clause 20 allows the Commissioner to impose any conditions the Commissioner thinks fit. Clause 21 sets out what information must be stated on an authority.

Clause 22 sets out what must be on an identification card.

Clause 23(1) provides that constables may inspect identification cards at any time. Clause 23(2) requires a member of APEC security staff to produce their identification card for inspection before exercising any power given by the Bill (if reasonably practicable). Alternatively, the member must display their identification card so it is clearly visible when exercising the power. Clause 105 also applies, and this requires all people exercising a power under this Bill to identify themselves if requested by an affected person.

Clause 24 requires a member of APEC security staff who ceases to be authorised to immediately destroy their identification card (or, on request, return it).

Clause 25(1) requires an APEC security staff member to always act in accordance with a constable’s lawful instructions and directions and any limits or conditions on their authority.

Clause 25(2) provides that an APEC security staff member is subject to the Police code of conduct applying to Police employees. There is a related amendment to the Policing Act 2008 to this effect in clause 126(5).

The powers of an APEC security staff member that may be given under an authority are set out in subpart 1 of Part 3. The powers are only to be exercised in the leaders’ event period (or any lesser period specified on their authority). The powers may be limited as the Commissioner thinks fit, considering the person’s role or tasks and any training the person requires (clause 19(2)). The powers that may be granted are:

Clause 26 allows the Commissioner and any person employing an APEC security staff member during the relevant period to share information about the actions and conduct of a member during that period.

Clause 27 requires the Commissioner to inform the Minister of Police about the authorisation of APEC security staff. The Commissioner must provide the likely numbers of APEC security staff, the types of any limits or conditions on the authorisations, and the reasons why the authorisations are required.

Clause 28 provides that it is an offence for an APEC security staff member to impersonate a constable, or to imply any power or authority that they do not have in law. Clause 29 provides that it is an offence for a member of the public to impersonate an APEC security staff member. Both offences require an offender to have the intention of misleading someone.

Clause 30 sets out the purpose of subpart 3 of Part 2, which is to authorise certain foreign protection officers to carry, possess, and import specified weapons to protect protected persons during the leaders’ event period.

The meaning of foreign protection officer is given in clause 6. It means any person acting for the government of an APEC economy (other than New Zealand), or an international organisation, to protect a protected person. Nothing in the Visiting Forces Act 2004 applies to the carriage, possession, or importation of weapons by foreign protection officers who are members of a visiting armed force of an APEC economy: clause 128 (in Part 4).

Clause 6 defines firearm, part, pistol, and restricted weapon as having the meanings given in section 2(1) of the Arms Act 1983. Clause 31 provides that, unless the context otherwise requires, any word or expression used in the subpart but undefined has the same meaning as it has in the Arms Act 1983.

Clause 32 provides that a foreign protection officer (or someone on their behalf) may apply to the Commissioner for the authority to carry and possess a specified weapon during the leaders’ event period, along with a permit to import the weapon.

Clause 33 provides for this authority. The power to grant an authority applies despite anything in the Arms Act 1983. Along with the related amendment to the Arms Act 1983 made in clause 118 (in Part 4 of the Bill), the effect is that none of the following provisions of the Arms Act 1983 makes unlawful the carriage or possession of an item described in an authority if the carriage or possession is in accordance with that authority:

• sections 20 to 34 (firearms licences):

• sections 34A and 34B (photographs):

• sections 35 to 38 (permits to possess):

• sections 39 to 41 (miscellaneous obligations).

And none of the offence provisions apply (if the carriage or possession is in accordance with the authority). Relevant offences and other relevant provisions that would otherwise apply include—

• section 42 (offences in respect of licences):

• section 43AA (offence of possessing prohibited ammunition):

• section 45 (offence of carrying or possessing firearms, etc):

• sections 49A to 52 (other offences):

• section 55A (offence to assemble prohibited firearm):

• section 55B (offence of failing to produce firearm, etc):

• sections 62 to 64 (appeals):

• section 65 (restoration).

Clause 34 provides that testing of, and practice with, the authorised weapon, and maintenance, are authorised by an authority (along with carriage and possession). Any testing that involves firing must be under the supervision of a constable and in a location and in a manner that is approved by the Commissioner.

Clause 35 provides that the Commissioner may grant a permit for a foreign protection officer to import specified weapons into New Zealand for that officer (and any other specified foreign protection officer) to carry and possess. The permit must be for a specified time that is during the leaders’ event period.

Again, this ability for the Commissioner to permit importation applies despite anything in the Arms Act 1983 or Arms Regulations 1992. Along with the related amendment to the Arms Act 1983 made in Part 4 of the Bill, the effect is that nothing in the arms legislation makes it unlawful for any foreign protection officer to import into New Zealand a specified weapon if the importation is in accordance with a permit.

Clause 36 provides that the Commissioner must consult the Secretary of Foreign Affairs and Trade before granting an authority or permit. In addition, the Commissioner must have received an assurance from the APEC economy concerned that the foreign protection officer has the necessary knowledge and skills and is adequately trained.

Clauses 37 and 38 set out the information required on an authority or permit.

Clause 39 sets out the general conditions on each permit and authority. Essentially, any authorised weapon must be declared at the border and be produced for inspection under clause 40 at any time required by a constable. In addition, the weapons must be removed from New Zealand on or before the expiry of the authority or permit. The Commissioner may impose any other conditions the Commissioner thinks fit.

Clause 41 requires an authorised weapon to be removed from New Zealand if an authority or permit is revoked.

Clause 42 allows any unauthorised weapon to be seized and detained by a constable (or, if relevant, a Customs officer).

The effect of clause 42 (and the subpart as a whole) is that if the importation of any weapons or their carriage or possession is not authorised by an authority or permit, or if it does not comply with an authority or permit, it is illegal and contravenes the Arms Act 1983.

The effect of the Arms Act 1983 applying to the importation, or to the carriage or possession, means that all offences under that Act would apply. This would mean that a constable could use section 18 of the Search and Surveillance Act 2012 to search the foreign protection officer, or to enter and search a place or vehicle without a warrant and seize any weapons found.

Any use of the weapons (except testing authorised by clause 34) will be governed by the same New Zealand law that applies to New Zealanders in New Zealand (for example, the Arms Act 1983 or the Crimes Act 1961).

Clause 43 sets out the purpose of subpart 1 of Part 3, which is to secure places and transport routes for the leaders’ event period to prevent or respond to risks to security. In relation to transport routes, an additional purpose is to provide for the timely and efficient travel of protected persons.

Clause 44 defines a place closed under clause 47, 48, 49, 50, or 51 as a security area.

Clause 45 sets out examples of what closing a place as a security area may entail. The definitions clause, clause 6, provides that closing a place means using one of the example methods or any other practicable method.

Clause 46 provides that planned closures must be publicly notified at least 24 hours in advance. A reactive closure (under clause 51) may be publicly notified.

Public notification is defined in clause 116 (in Part 4). An obligation to publicly notify requires the Commissioner to ensure a notice is published in the Gazette and on an Internet site maintained by or on behalf of the Commissioner: clause 116(1). However, a failure to comply with the requirement to publicly notify will not affect a decision’s validity: clause 116(4). Clause 116(3) provides that a discretion to publicly notify allows the Commissioner to notify the public by a method described in clause 116(1) or by a method described in clause 116(2), namely by means of a relevant newspaper, any appropriate Internet site (which could include, for example, via a site with up-to-date traffic information or via social media), radio or television, or any sign or traffic control device that may be appropriate.

Clauses 47, 48, 49, and 50 allow the Commissioner to close public places, privately owned places, roads, and marine areas. These closures may all be seen as “planned” in that they must be publicly notified at least 24 hours in advance. The test is the same in each case: the Commissioner may close the place during the leaders’ event period if the Commissioner reasonably believes the closure is required to prevent a risk to security at, or near, a leaders’ event or near a protected person. A secondary reason may be taken into account—that the closure would ensure only accredited or permitted people to enter or remain in the place.

The differences between the planned closures are around the requirements to consult. The differences are—

• public place: the Commissioner must consult any owner of the place or, if there is no owner, the local authority:

• privately owned place: the Commissioner must, to the extent practicable, consult the owner or owners of the place:

• road: the Commissioner must consult the road controlling authority:

• marine area: the Commissioner must consult the harbourmaster and the local authority.

However, a failure to comply with a requirement to consult will not affect a decision’s validity: clause 117 (in Part 4).

For each type of closure, the Commissioner may also consult any persons the Commissioner considers are directly affected more than the public generally. The Commissioner need not consult anyone else.

Clause 51 enables a constable, during the leaders’ event period, to close any place if the constable reasonably believes the closure is required to prevent or respond to a risk of security at, or near, a leaders’ event or near a protected person. Again, the same secondary reason may be taken into account (that the closure would ensure only accredited or permitted people to enter or remain in the place).

Clause 52 defines a road or marine area (or any other place) closed under clause 56 or 57 as a secure transport route.

Clause 53 sets out examples of what closing a secure transport route may entail. The definitions clause, clause 6, provides that closing a place means using one of the example methods or any other practicable method. The examples provided are the same as the examples given for closing a security area, except that a further example is given: providing a non-interference zone around a convoy by means of escorting vehicles or vessels.

Clause 54 defines temporarily as meaning for any part of a day that is reasonably necessary in the circumstances.

Clause 55 provides that a closure of a secure transport route may be publicly notified if the Commissioner thinks it is reasonable to do so, and to the extent appropriate.

Clauses 56 and 57 provide that a constable may temporarily close to traffic any road or marine area if the constable reasonably believes the closure is required to ensure the security of protected persons while travelling to or from an aerodrome, an event, or accommodation. In addition to the route itself, a constable is able to direct that bridges or adjacent areas passing over, under, or in the vicinity of the route may also be closed. A secondary reason may be taken into account: that the closure would enable protected persons to travel in a timely and efficient way.

Clause 58 provides that constables may, in the least disruptive way, train in preparation for closing secure transport routes.

Part 4 of the Bill includes amendments to other enactments relating to secure transport routes. Constables and APEC security staff may exceed the speed limit if conveying or accompanying a protected person travelling on a secure transport route (or training to do so): see the amendment to the Land Transport (Road User) Rule 2004 in clause 124. Australian Police uniforms worn by Australian Police who are sworn in as New Zealand constables may be approved as Police uniforms (see the amendment to the Policing Act 2008 in clause 126(6)). These Australian Police may, for example, be specialist motorcade outriders.

Clause 59 provides that a person or thing may enter or remain in a security area or secure transport route only with the permission of a constable. An APEC security staff member must be treated as acting on a constable’s behalf.

Clause 60 provides that the effect of closing a security area or secure transport route is that constables, and others permitted by constables, may enter, remain in, and use it. However, this does not apply to a home or marae.

Clause 61 sets out the rights of owners and occupiers of a privately owned place or a public place closed under subpart 1 of Part 3. With one important exception, they will have the same legal rights to exclude or reject members of the public as if the Bill had not been passed. The exception is that they may not exclude or reject people who are permitted by a constable to enter or remain in the place. This would mean, for example, that an owner or occupier could exclude any unwanted guest except for one that a constable permits to enter or remain. This ensures that an owner or occupier could not exclude an accredited person or a person who a constable permits to enter (for example) to urgently repair facilities.

Clause 61(4) provides that owners and occupiers may themselves be excluded, or removed, from a closed place. The effect of this is that a person could be removed from their own home (or prevented from entering it).

Clause 62 provides that a constable or a member of APEC security staff may prevent entry to, or remove a person or thing from, a security area or secure transport route. As mentioned, the member of APEC security staff must act, as always under this Bill, in accordance with the lawful instructions and directions of a constable and any conditions or limits on their authorisation as APEC security staff (clause 25).

Clause 63 creates a power for a constable or an APEC security staff member to require a person’s accreditation and other identification details along with the person’s reason to enter or remain (and evidence of those things). This power applies in relation to a person in, or seeking entry to, a security area or secure transport route.

Clause 64 creates a power for a constable or an APEC security staff member to direct someone in, or seeking entry to, a security area or secure transport route to stop or limit any activity that may cause a risk to security.

Clause 65 creates a power for a constable to signal or require a driver of a vehicle or person in charge of a vessel in, or seeking entry to, a security area or secure transport route to stop the vehicle or vessel. The person must remain stopped for as long as is reasonably necessary for the powers in subpart 1 of Part 3 to be exercised.

Clause 66 provides that a constable may enter and search a security area or secure transport route without warrant to search for any risk item or substance or other risk to security. However, any home or marae in a security area or secure transport route may be entered and searched only with the consent of an occupier or under a warrant.

Clause 67 sets out the meaning of screening, which is essentially the use of a device, a technique, or other means where the use does not require the touching of a person or thing.

Clauses 68 and 69 provide that consent is usually required before a screen or search is conducted under clause 70. An exception applying inside a security area or secure transport route is that a person or thing may be screened without consent using a trained dog under the control of its usual handler. The other exception is that no consent is necessary if the constable has reasonable grounds to suspect that there is a risk to security requiring an immediate response (clause 68(4)).

If no consent is given, clause 69 enables a constable or an APEC security staff member to prevent entry or remove a person (or any relevant thing the person is in charge of).

Clauses 70 and 71 set out the rules about screening and searching people and things. Any search involving touching a person may only be conducted by a constable. Searches of things may be done by both constables and APEC security staff, and screening (of things and people) may be done by both constables and APEC security staff. Clause 70 applies to screening and searches within a security area or secure transport route, and also as follows:

• people seeking entry may be screened:

• people at an entrance may be searched:

• things at an entrance may be screened or searched.

Clause 71 sets out requirements and additional incidental powers relating to screening and searching.

Clause 72 provides that an item or substance found during a screen or search may be seized if the screener or searcher has reasonable grounds to suspect the item is a risk item or substance.

Clause 73 imposes various obligations on people to comply with requirements given, made, or imposed under subpart 1 of Part 3. If someone does not comply with an obligation, a constable or an APEC security staff member may exercise the power in clause 62 to prevent them from entering a security area or secure transport route or may remove them.

Clauses 74 to 77 provide for offences penalising non-compliance with the obligations in subpart 1 of Part 3.

Clause 78 sets out the purpose of subpart 2 of Part 3, which is to secure airspace during APEC events and leaders’ events in order to prevent potential and actual risks to security.

Clauses 79 and 81 provide that Civil Aviation Act 1990 rules and emergency rules may be made about risks to security at APEC. A recommendation from the Commissioner must be taken into account.

Clause 80 provides that a designation of special use airspace may be made under, and in accordance with, civil aviation rules. It may designate any portion of, or all, airspace over certain types of areas as APEC security airspace. Essentially, the areas that may be designated are those in which an APEC event or a leaders’ event will be held. The designations must be for a specified period of time during the relevant event. The area may or may not be a security area or secure transport route. Again, a recommendation from the Commissioner must be taken into account.

Part 71 of the Civil Aviation Rules contains the current rules about the designation of airspace under sections 28, 29, 29A, and 30 of the Civil Aviation Act 1990. Part 71 provides for notification to the relevant users of the airspace along with others as required in that rule. The ordinary processes of that rule (or any replacement of that rule made after this Bill is passed) will apply to the designation.

In addition to any notification that occurs in accordance with Part 71, clause 80(5) adds a discretion for the Commissioner to publicly notify the designation as well.

Clause 82 provides that a constable may take various actions if the constable has reasonable grounds to suspect that an unauthorised aircraft without a person on board is, has just been, or will be in APEC security airspace in breach of the airspace’s designation or a rule. The constable may seize or detain the aircraft (or any remote control), or may take control of it, disable or destroy it, or prevent it from taking off by any means. The example means provided include using W-ECMs in accordance with subpart 3 of Part 3.

Clause 83 provides that if the constable has reasonable grounds to suspect that an unauthorised aircraft with a person on board is, or has just been, or will be in APEC security airspace in breach of the airspace’s designation or a rule, the constable may seize or detain it (or any remote control).

Clause 84 provides that any detention or seizure under clause 82 or 83 may be maintained only to prevent a risk to security. (However, if the items are required for evidence in any prosecution, they may be retained for that purpose.)

Clause 85 provides that, in certain circumstances, a constable may prohibit or impose conditions on any activity or the operation of any relevant aircraft. And the constable may direct anybody to stop or limit any activity that may cause a risk to security.

Clause 86 provides a constable with the power to enter and search without warrant an aircraft, aerodrome, vehicle, vessel, building, or place. The constable must have reasonable grounds to suspect that there is or will be in an activity in APEC security airspace that constitutes a risk to security and that the cause of that risk is in that place or thing. The constable may then take any actions described in clauses 82, 83, and 85. Additionally, the constable may require the surrender of an item connected to the activity or the production or surrender of any document or manual connected to the activity.

Clause 87 enables a constable to require personal details in certain circumstances in relation to APEC security airspace.

Clauses 88 and 89 set out offences penalising non-compliance with the obligations in subpart 2 of Part 3.

Clause 90 sets out the purpose of subpart 3 of Part 3, which is to authorise the use of W-ECMs during APEC events and leaders’ events to counter potential and actual risks to security.

W-ECM is defined in clause 6 to mean any equipment or device that does any or all of the following: detect, intercept, disable, disrupt, or interfere with radiocommunications. W-ECM is an acronym for wireless electronic countermeasure.

Clause 92 provides for the authorisation of W-ECM use in relation to a leaders’ event or an APEC event if certain criteria are met. Testing is also authorised in certain circumstances (clause 92(3)(c)), along with supply, importation, and exportation (clause 95). The Commissioner must first consult the Radiocommunications Secretary (clause 91(a)) and, if a proposed W-ECM user will act for a foreign security agency, the Secretary of Foreign Affairs and Trade (clause 91(b)).

Clauses 93 and 94 describe what planned use and reactive use of W-ECMs means.

Clause 96 provides for general conditions on all authorisations. These include secure storage and transportation and secure disposal. Additionally, any planned use of a W-ECM must be notified to the providers of existing services that may be affected. For example, suppliers of mobile services would be told about any expected outages that may affect their customers. Any reactive use of a W-ECM must be reported to the Commissioner and to the Radiocommunications Secretary, along with details of the use.

Clause 97 creates the powers to use an authorised W-ECM and any information derived from a radiocommunication via a W-ECM. There is also a very limited power to disclose the radiocommunication or any information derived from it. Unless authorised by another Act or required for the purposes of this Bill, an authorised W-ECM user must not disclose something that is a private communication or personal information.

Clause 97 also provides several examples of possible uses of W-ECMs.

Activities carried out by an authorised user using a W-ECM, which may be a surveillance device under the Search and Surveillance Act 2012, will not require a warrant under that Act. That is because those activities are authorised by this Bill: see also section 47 of the Search and Surveillance Act 2012.

Nothing in the Radiocommunications Act 1989 applies to the use, supply, importation, or exportation of W-ECMs in accordance with subpart 3 of Part 3: clause 127 (in Part 4). Provisions that would otherwise apply include section 133A of that Act. Section 133A provides that it is an offence to make use of a radiocommunication (or any information derived from it) if a person intercepts it knowing the radiocommunication was not intended for that person. It is also an offence to disclose the radiocommunication’s existence.

The amendments in clause 120 (Part 4) provide that authorised use, supply, or importation of W-ECMs under subpart 3 of Part 3 are not interception device offences under the Crimes Act 1961.