Security Information in Proceedings Legislation Bill

Hon Kris Faafoi

Security Information in Proceedings Legislation Bill

Government Bill

97—1

Contents

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

The Parliament of New Zealand enacts as follows: