Security Information in Proceedings Legislation Bill

not the latest version

Search within this Bill

Hon Kris Faafoi

Security Information in Proceedings Legislation Bill

Government Bill

97—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Overview
4	Interpretation
5	Transitional, savings, and related provisions
6	Act binds the Crown
7	Act does not apply to proceedings under Immigration Act 2009
	Part 2 Procedures to protect security information in proceedings
	Preliminary
8	Application of special procedures to certain proceedings
9	Court may make special procedures order applying special procedures to proceeding
	Special procedures generally
10	Entitlement to special advocate
11	Hearing closed while security information considered
12	Obligation to give court, special advocate, and special adviser access to security information
13	Summary to be given to authorised court and relevant participants
14	Waiver or further modification
15	Appointment of special advisers
	Special advocate: appointment
16	Lawyers who may be appointed as special advocates
17	Process for appointing special advocate
18	Reappointment of special advocate for related specified proceedings
	Special advocate: role, powers, and functions
19	Role of special advocate
20	Functions of special advocate related to role
	Special advocate: access to and communications about security information
21	Duty to maintain confidentiality of security information
22	Communication between special advocate and other persons about security information
	Special advocate: liability and costs
23	Protection of special advocates from liability
24	Costs of special advocate
	Special advisers
25	Person appointed as special adviser
26	Duty to maintain confidentiality of security information
27	Costs of special adviser
	Agreed general practices and procedures
28	Agreed general practices and procedures
	Part 3 Security information in civil proceedings
	Application, overview of Part, and definitions
29	Application of Part
30	Overview of SI application process
31	Security information orders: definitions
	Making of SI application
32	Making of SI application
33	SI application made in substantive proceeding
34	SI application to Court of Appeal or Supreme Court
	Consideration of SI application
35	Dismissal of SI application if order not necessary
36	Power to make security information order
37	Dismissal of SI application if information is not security information
38	Matters for consideration when determining type of security information order
39	Court need not make security information order if substantive proceeding cannot be fairly determined
	Certification supporting SI application relating to classified security information
40	Requirement to submit certification supporting SI application relating to classified security information
	Certificate supporting SI application relating to NSI
41	Power to issue NSI certificate
42	Submission of certificate
43	Application of sections 9A and 9C of Constitution Act 1986
	Withdrawal of SI application
44	Withdrawal of SI application
	Further matters: role of Attorney-General and removal to High Court
45	Notice by non-Crown party to Attorney-General of possible disclosure of security information
46	Removal of proceeding not commenced in High Court
47	Right of Attorney-General to intervene
	Part 4 Amendments to other legislation
	Subpart 1—Amendments relating to national security information in criminal proceedings
	Amendments to Criminal Disclosure Act 2008
48	Principal Act
49	New section 4A inserted (Transitional, savings, and related provisions)
	4A	Transitional, savings, and related provisions
50	Section 6 amended (Interpretation)
51	Section 16 amended (Reasons for withholding information)
52	New section 26B inserted (National security interests: notification and hearing when non-party is Crown)
	26B	National security interests: notification and hearing when non-party is Crown
53	Section 28 amended, renumbered as section 26A, and repositioned (Procedure if Judge subsequently satisfied that another person holds information sought)
54	Section 29 amended (Determination of court following non-party disclosure hearing)
55	New section 30A inserted (National security interests: application for order under section 30)
	30A	National security interests: application for order under section 30
56	New Schedule 1AA inserted
	Amendments to Criminal Procedure Act 2011
57	Principal Act
58	Section 5 amended (Interpretation)
59	Section 5A replaced (Transitional, savings, and related provisions)
	5A	Interpretation: evidence based on national security information
60	Section 78 amended (Court may order pre-trial admissibility hearing if trial to be Judge-alone trial)
61	New section 79A inserted (Pre-trial admissibility hearing: national security information)
	79A	Pre-trial admissibility hearing: national security information
62	Section 84 amended (Persons who may give evidence under assumed name)
63	Section 90 amended (Application for oral evidence order)
64	Section 91 replaced (Application for leave to question undercover Police officer’s identity must be dealt with by High Court)
	91	Application for leave to question identity of undercover Police officer or intelligence witness to be determined by High Court
65	Section 94 amended (Withdrawal of charge if oral evidence order made for examination of undercover Police officer)
66	Section 101 amended (Pre-trial order relating to admissibility of evidence: jury trial)
67	New section 101A inserted (National security information: pre-trial hearing and order)
	101A	National security information: pre-trial hearing and order
68	Section 112 amended (Court must dismiss charge in certain cases)
69	New section 113A and cross-heading inserted
		Evidence based on national security information
	113A	National security information: admissibility hearing in course of trial
70	Section 146 amended (Withdrawal of charge)
71	New section 146A inserted (Withdrawal of charge due to risk to national security interests)
	146A	Withdrawal of charge due to risk to national security interests
72	Section 147 amended (Dismissal of charge)
73	New section 147A inserted (Dismissal of charge when information withheld due to risk to national security interests)
	147A	Dismissal of charge when information withheld due to risk to national security interests
74	Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
75	Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
76	Schedule 1AA amended
	Subpart 2—Amendments relating to classified security information: administrative requirements and proceedings
	Amendments to Overseas Investment Act 2005
77	Principal Act
78	Section 4 amended (Overview)
79	Section 6 amended (Interpretation)
80	Subpart 3 of Part 3 replaced
		Subpart 3—Protection of classified security information
	113	Proceedings involving classified security information
	114	Meaning of classified security information
81	Schedule 1AA amended
	Amendments to Passports Act 1992
82	Principal Act
83	Section 2 amended (Interpretation)
84	New section 2AA inserted (Meaning of classified security information)
	2AA	Meaning of classified security information
85	Section 27GC amended (Person to be notified of action taken under section 27GA)
86	New section 27GCA inserted (CSI summary)
	27GCA	CSI summary
87	New section 27GFA inserted (Notification to Inspector-General of Intelligence and Security of provision of classified security information)
	27GFA	Notification to Inspector-General of Intelligence and Security of provision of classified security information
88	Section 29AA amended (Proceedings where national or international security involved)
89	Sections 29AB and 29AC replaced
	29AB	Proceedings involving classified security information
90	Schedule 1 amended
	Amendments to Telecommunications (Interception Capability and Security) Act 2013
91	Principal Act
92	Section 3 amended (Interpretation)
93	New sections 3A and 3B inserted
	3A	Meaning of classified security information
	3B	Transitional, savings, and related provisions
94	Section 19 amended (Direction)
95	Section 32 amended (Decision-making process)
96	Section 36 amended (Decision-making process)
97	Section 39 amended (Review)
98	Section 40 amended (Direction notice)
99	New subpart 7 of Part 2 inserted
		Subpart 7—Provisions that apply when classified security information used in decisions
	44A	Application and interpretation
	44B	Written notice and summary of classified security information
100	Section 56 amended (Review by Commissioner of Intelligence Warrants)
101	Section 57 amended (Minister may make direction)
102	New section 57A inserted (Provisions that apply when classified security information used or provided for decisions)
	57A	Provisions that apply when classified security information used or provided for decisions
103	Subpart 8 of Part 4 replaced
		Subpart 8—Classified security information in proceedings
	101	Proceedings involving classified security information
104	Section 123 amended (Consequential amendments)
105	New Schedule 1AA inserted
106	Schedule amended
	Amendments to Terrorism Suppression Act 2002
107	Principal Act
108	Section 4 amended (Interpretation)
109	New section 4A inserted (Classified security information defined)
	4A	Classified security information defined
110	Section 21 amended (Further provisions relating to interim designation)
111	Section 23 amended (Further provisions relating to final designation)
112	Section 26 amended (Content of notice to designated entity)
113	Section 27 amended (Content of notice to public and others)
114	Section 29A amended (Changes of description of designated entities)
115	New cross-heading above section 29B (as renumbered and repositioned by section 123 of this Act) inserted
		Expiry, renewal, and revocation of designations
116	New section 29D inserted (Notification of decisions about expiry or revocation of designations)
	29D	Notification of decisions about expiry or revocation of designations
117	Cross-heading above section 30 replaced
		Material on which designations, renewals, or revocations may be based
118	Section 30 amended (Information available to Prime Minister)
119	New sections 31 and 31A and cross-heading inserted
		Additional requirements where classified security information used in certain decisions
	31	Provision of summary of classified security information
	31A	Notification to Inspector-General of Intelligence and Security of provision of classified security information
120	Section 32 repealed (Classified security information defined)
121	Cross-heading above section 33 replaced
		Proceedings arising out of designations, renewals, and revocations
122	Section 34 renumbered as section 29C and repositioned (Revocation of designations)
123	Section 35 renumbered as section 29B and repositioned (Designations under section 22 to expire after 3 years unless renewed by Prime Minister)
124	Section 38 replaced (Procedure in proceedings involving classified security information)
	38	Proceedings involving classified security information
125	Section 40 repealed (Ancillary general practices and procedures to protect classified security information)
126	Section 42 amended (Notification of revocation, expiry, or invalidity of designations)
127	Section 58 amended (Appeal against decision on application under section 55)
128	Section 59 amended (Discharge of order under section 55 on appeal)
129	Schedule 1AA amended
	Subpart 3—Amendments to other related Acts
	Amendment to Crown Proceedings Act 1950
130	Principal Act
131	Section 27 replaced (Discovery)
	27	Interrogatories and discovery
	Amendments to Employment Relations Act 2000
132	Principal Act
133	Section 133 amended (Jurisdiction concerning penalties)
134	Section 178 amended (Removal to court)
135	New section 178AA inserted (Removal to court of proceeding involving national security information)
	178AA	Removal to court of proceeding involving national security information
136	Section 187 amended (Jurisdiction of court)
	Amendments to Evidence Act 2006
137	Principal Act
138	New section 3A inserted (Transitional, savings, and related provisions)
	3A	Transitional, savings, and related provisions
139	Section 70 amended (Discretion as to matters of State)
140	Section 102 amended (Application)
141	New sections 109A and 109B and cross-heading inserted
		Giving of evidence by intelligence officers and intelligence sources
	109A	Certificates relating to intelligence officers and intelligence sources
	109B	Effect of certificate under section 109A
142	Section 120 amended (Persons who may sign statements by assumed name)
143	New Schedule 1AA inserted
	Amendments to Health and Safety at Work Act 2015
144	Principal Act
145	Section 162 repealed (Proceedings involving classified security information)
146	Schedule 4 repealed
	Amendment to Outer Space and High-altitude Activities Act 2017
147	Principal Act
148	Section 55 amended (Minister must consult security Ministers about national security)
	Amendment to Terrorism Suppression (Control Orders) Act 2019
149	Principal Act
150	Section 36 repealed (Additional requirements for decisions that supporting information is not disclosable)
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Overview of SI application process
	Schedule 3 New Schedule 1AA inserted into Criminal Disclosure Act 2008
	Schedule 4 New Part 3 inserted into Schedule 1AA of Criminal Procedure Act 2011
	Schedule 5 New Part 7 inserted into Schedule 1AA of Overseas Investment Act 2005
	Schedule 6 New Part 2 inserted into Schedule 1 of Passports Act 1992
	Schedule 7 New Schedule 1AA inserted into Telecommunications (Interception Capability and Security) Act 2013
	Schedule 8 New Part 2 inserted into Schedule 1AA of Terrorism Suppression Act 2002
	Schedule 9 New Schedule 1AA inserted into Evidence Act 2006

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

List of access keys

Quick search

My recent searches

Security Information in Proceedings Legislation Bill

Security Information in Proceedings Legislation Bill

Contents