Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943196735.pdf (New Zealand)
Version as at 24 June 2023 Intelligence and Security Act 2017 Public Act 2017 No 10 Date of assent 28 March 2017 Commencement see section 2 Contents Title Commencement Part 1 Preliminary provisions Purpose Interpretation Transitional, savings, and related provisions Act binds the Crown Part 2 Intelligence and security agencies New Zealand Security Intelligence Service Government Communications Security Bureau Objectives Objectives of intelligence and security agencies Functions 10 Intelligence collection and analysis Page 16 16 16 17 21 21 21 21 21 22 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of the Prime Minister and Cabinet.
1 Intelligence and Security Act 2017 Version as at 24 June 2023 Protective security services, advice, and assistance Information assurance and cybersecurity activities Co-operation with other public authorities to facilitate their functions Co-operation with other entities to respond to imminent threat Additional functions Functions of intelligence and security agencies do not include enforcement Duties General duties applying when intelligence and security agency performing functions Specific duties of Director-General of an intelligence and security agency Activities of intelligence and security agency not to limit freedom of expression 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 Purpose of subpart Interpretation Assumed identity may be acquired, used, and maintained Use of assumed identity Request for assistance to acquire, use, and maintain assumed identity Assistance to acquire, use, and maintain assumed identity Cancellation of evidence of assumed identity Provisions do not require destruction of certain information Non-compliance with enactments, policies, and practices Restrictions on access to information about process for obtaining assistance, etc Immunity of persons assisting and of employee of agency in making false documents Immunity of authorised persons Subpart 2—Corporate identities Purpose of subpart Interpretation Request for corporate identity, status, etc Conferring corporate identity, status, etc Maintaining corporate identity, status, or capacity Dissolution or deregistration, etc, of entity Version as at 24 June 2023 Intelligence and Security Act 2017 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Provisions do not require destruction of certain
 information Non-compliance with enactments, policies, and practices Restrictions on access to information about process for obtaining assistance, etc Entity or officer exempt from complying with legal requirements, etc Immunity of persons complying with request or direction Immunity of entity Subpart 3—Register of assumed identities and legal entities created or maintained Register of assumed identities and legal entities created or maintained Part 4 Authorisations Purpose of Part Interpretation Authorisation not required to carry out lawful activity Authorisation required to carry out otherwise unlawful activity Duty to act only as authorised Request for assistance to give effect to authorisations Subpart 1—Intelligence warrants Types of intelligence warrants Types of intelligence warrant Type 1 intelligence warrant Type 2 intelligence warrant Application and issue of intelligence warrants Application for issue of intelligence warrant Joint application for intelligence warrant Issue of Type 1 intelligence warrant Issue of Type 1 intelligence warrant to contribute to protection of national security Issue of Type 1 intelligence warrant to contribute to New Zealand’s international relations or economic well-being Issue of Type 2 intelligence warrant Additional criteria for issue of intelligence warrant Issue of joint intelligence warrant Minister of Foreign Affairs to be consulted in relation to issue of intelligence warrants in certain cases Intelligence warrants may be issued subject to restrictions or conditions Term of intelligence warrant Matters required to be stated in intelligence warrant 39 39 39 40 41 41 42 44 44 47 47 47 47 48 48 48 48 49 49 49 50 51 51 52 52 53 53 53 3 Intelligence and Security Act 2017 Version as at 24 June 2023 Authorised activities and powers Authorised activities Powers of New Zealand Security Intelligence Service acting under intelligence warrant Powers of Government Communications Security Bureau under intelligence warrant
 Privileged communications or privileged information Urgent intelligence warrants Urgent issue of Type 1 intelligence warrant Urgent issue of Type 2 intelligence warrant Reasons for urgent issue of intelligence warrant to be recorded Intelligence warrant issued under section 71 revoked unless confirmed Intelligence warrant issued under section 72 revoked unless confirmed Information to be destroyed if intelligence warrant issued under section 71 or 72 revoked Intelligence warrants issued under section 71 or 72 to be referred to Inspector-General Authorisations by Director-General of intelligence and security agency Very urgent authorisations by Director-General of intelligence and security agency Authorisation given under section 78(2)(a) effective as Type 1 intelligence warrant Authorisation given under section 78(2)(b) effective as Type 2 intelligence warrant Information to be destroyed if authorisation given under section 78 revoked Authorisations given under section 78 to be referred to Inspector- General Register of intelligence warrants Register of intelligence warrants Amendment and revocation of intelligence warrants Amendment and revocation of intelligence warrants Subpart 2—Removal warrants Issue of removal warrant to retrieve previously installed devices Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases Powers of New Zealand Security Intelligence Service acting under removal warrant Version as at 24 June 2023 Intelligence and Security Act 2017 Subpart 3—Practice warrants 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Types of practice warrant Testing warrant Training warrant Application for issue of practice warrant Criteria for issue of practice warrant Issue of practice warrant Minister of Foreign Affairs to be consulted in relation to issue of practice warrants in certain
 cases Practice warrants may be issued subject to restrictions or conditions Term of practice warrant Matters to be stated in practice warrant Authorised activities Powers of New Zealand Security Intelligence Service acting under practice warrant Powers of Government Communications Security Bureau acting under practice warrant Report on practice warrant activities Subpart 4—Unauthorised, irrelevant, and incidentally obtained information Destruction of unauthorised information Destruction of irrelevant information Retention of incidentally obtained information Return of physical items seized 105 Physical items seized to be returned after search or analysis 106 107 108 109 110 111 112 113 114 115 Subpart 5—Offences and immunities Offence to provide false or misleading information Failure to destroy information Unlawful use or disclosure of information Unlawful disclosure of acquired information Immunities from criminal liability in relation to obtaining intelligence warrant Immunities from criminal liability in relation to carrying out authorised activity Subpart 6—Commissioners of Intelligence Warrants Appointment of Commissioners Eligibility for appointment Functions of Commissioners Additional functions of Chief Commissioner of Intelligence Warrants 63 63 63 63 63 64 64 64 64 65 65 65 65 65 66 66 66 67 67 68 68 68 69 69 69 70 70 70 5 Intelligence and Security Act 2017 Version as at 24 June 2023 116 117 118 119 120 121 122 Delegation of functions of Chief Commissioner of Intelligence Warrants Administrative provisions relating to Commissioners Part 5 Accessing information held by other agencies Interpretation Relationship between this Part and other law relating to information disclosure Subpart 1—Request and disclosure of information Purpose of subpart Requests for information Disclosure of information to intelligence and security agency Register of section 122 certificates 123 Register of section 122 certificates Subpart 2—Direct access to database information
 Purpose of subpart Direct access to certain information Matters to which Ministers must have regard before entering into direct access agreement Consultation with Privacy Commissioner before entering into direct access agreement Consultation with Inspector-General before entering into direct access agreement Content of direct access agreements Variation of direct access agreement Publication of direct access agreements Review of agreements Relationship between subpart and other law Subpart 3—Access to restricted information Purpose of subpart Meaning of restricted information Application for permission to access restricted information Permission to access restricted information granted on application made under section 136(2)(a) Permission to access restricted information granted on application made under section 136(2)(b) Further criteria for permitting access to restricted information Permission must specify restricted information that may be accessed Access to restricted information must be provided if permitted Use, retention, and disclosure of restricted information Version as at 24 June 2023 Intelligence and Security Act 2017 Subpart 4—Obtaining business records of telecommunications network operators and financial service providers 143 144 145 146 147 148 149 150 151 152 153 154 Purpose of subpart Interpretation Approval to obtain business records Application for approval to obtain business records Joint application for approval Approval to obtain business records Duration of approval Amendment and revocation of approvals Issue of business records direction Director-General of intelligence and security agency may issue business records direction Compliance with business records direction Business records to be destroyed if not required by intelligence and security agency Register of business records
 directions Register of business records directions Subpart does not create any new obligation to create or maintain records 155 Relationship between subpart and other law Relationship with other law Part 6 Oversight of intelligence and security agencies 156 Purpose of Part Subpart 1—Inspector-General of Intelligence and Security Appointment, functions, duties, and powers of Inspector-General Appointment of Inspector-General Functions of Inspector-General Inspector-General to prepare and publish annual work programme Disclosures to Inspector-General or Deputy Inspector-General Consultation by Inspector-General Jurisdiction of courts and other agencies not affected Reviews relating to authorisations and authorised activities Appointment, functions, duties, and powers of Deputy Inspector- General Appointment of Deputy Inspector-General Functions, duties, and powers of Deputy Inspector-General Intelligence and Security Act 2017 Administrative provisions Version as at 24 June 2023 Administrative provisions relating to offices of Inspector-General and Deputy Inspector-General Advisory panel Advisory panel Functions of advisory panel Membership of advisory panel Administrative provisions relating to advisory panel Complaints Complaints that may be made to Inspector-General Form of complaint Procedure on receipt of complaint Inspector-General may decide not to inquire or continue to inquire into complaint Procedure for inquiries Commencing of inquiry Evidence Evidence of breach of duty or misconduct by employee of intelligence and security agency Power to summon persons Power to require information and documents Disclosure of information may be required despite obligation of secrecy Protection and privileges of witnesses Information disclosed to Inspector-General privileged Inspector-General, etc, not compellable witnesses Power of entry Procedure on completion of
 inquiry Inspector-General to prepare report on completion of inquiry Advice on compliance with Inspector-General’s recommendations Minister to respond to Inspector-General’s report Publication of Inspector-General’s report Return of documents, etc, after inquiry Proceedings not to be questioned or reviewed Offence to publish information relating to inquiry Subpart 2—Intelligence and Security Committee Continuation of Intelligence and Security Committee Intelligence and Security Committee Functions of Committee Membership of Committee Filling vacancy in membership of Committee Version as at 24 June 2023 Intelligence and Security Act 2017 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 Endorsement of nominated members Committee not to transact business until nominated members endorsed Chairperson of Committee Privilege Administrative provisions relating to Committee Evidence Attendance before Committee Meaning of sensitive information Provision of information to Committee Secrecy of information disclosed to Committee Committee’s records may be copied to House of Representatives Part 7 Miscellaneous provisions Ministerial policy statements Issue of ministerial policy statements Issue of ministerial policy statements relating to co-operating, etc, with overseas public authorities Issue of additional ministerial policy statements Effect of ministerial policy statement Content of ministerial policy statements Consultation on proposed ministerial policy statements Amending, revoking, or replacing ministerial policy statements Ministerial policy statements applying to both intelligence and security agencies Duration of ministerial policy statement Publication of ministerial policy statements Status of ministerial policy
 statements [Repealed] Security records Powers in relation to security records Disclosure of information relating to activities of intelligence and security agency Confidentiality 219 Duty of confidentiality 220 Use of information provided for security clearance assessment Security clearance information Annual reports 221 222 223 224 Annual reports of intelligence and security agencies Annual report of Inspector-General Annual report of Intelligence and Security Committee Restrictions on reports to House of Representatives Intelligence and Security Act 2017 Version as at 24 June 2023 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 Offences Obstructing, hindering, resisting, or deceiving Inspector-General Personation Restriction on publication and broadcasting of information regarding employees False or misleading representations about employment and identity Employee may make false or misleading representations about employment Protections relating to representations about identity Exceptions and immunities Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances Exceptions to Land Transport (Road User) Rule 2004 Burden of proof to establish immunity and relationships between immunities Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet Functions of Chief Executive of DPMC in relation to intelligence and assessments Duty to act independently Periodic reviews Requirement to hold periodic reviews Appointment of reviewers and related matters Provision of information Report of reviewers Remuneration of reviewers Provision of administrative and other support Reviewers to determine own procedure Part 8 Repeals and amendments Repeals 242 Repeals Amendments to Biosecurity Act 1993 243 244 Amendments to Biosecurity Act 1993 Section 142I amended (Disclosure of
 personal information in New Zealand) 119 119 120 120 121 122 122 123 123 124 124 124 124 125 125 125 126 126 126 126 10 Version as at 24 June 2023 Intelligence and Security Act 2017 245 246 247 248 249 250 251 252 253 254 255 256 257 258 Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995 Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 2 amended (Interpretation) Section 65 amended (Request for new identity information for certain witnesses, etc) Section 75F amended (Searches for certain authorised purposes) Section 78 amended (Restrictions on searches relating to new names of certain witnesses, etc) Amendments to Corrections Act 2004 Amendments to Corrections Act 2004 Section 3 amended (Interpretation) Section 117 amended (Authorised disclosure of information) Amendments to Crimes Act 1961 Amendments to Crimes Act 1961 New section 78AA inserted (Wrongful communication, retention, or copying of classified information) 78AA Wrongful communication, retention, or copying of classified information 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 Amendments to Customs and Excise Act 1996 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 New section 293A inserted (Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017) 293A Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017 Amendment to Education Act 1989 259 260 Amendment to Education Act 1989 Section 346 amended (Offences) Amendment to Electronic Identity Verification Act 2012 261 Amendment to Electronic Identity
 Verification Act 2012 127 127 127 128 128 128 128 128 129 129 129 130 130 130 130 132 132 132 133 133 11 Intelligence and Security Act 2017 Version as at 24 June 2023 Section 12 amended (Exception to section 11 for certain individuals with new identity information) Amendment to Employment Relations Act 2000 Amendment to Employment Relations Act 2000 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 Amendments to Immigration Act 2009 Section 3 amended (Purpose) Section 4 amended (Interpretation) Section 9A amended (Meaning of mass arrival group) Section 29 amended (Automated decision making in advance passenger processing) 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 Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand) 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 Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand) Section 102 amended (Obligations of carriers, and persons in charge, of craft to provide information) Section 303 amended (Disclosure of information to enable specified agencies to check identity and character) New sections 303A to 303C inserted 303A Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security Direct access to information for purposes of law enforcement, counter-terrorism, and security Requirements
 for agreements entered into under section 303, 303A, or 303B 303B 303C Version as at 24 June 2023 Intelligence and Security Act 2017 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 Section 349 amended (Offences relating to carriers, and persons in charge, of craft) Section 366 amended (Evidence in proceedings: certificates in relation to persons) 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 Amendments to Land Transport Act 1998 Section 24A amended (Authorised persons may request driver licences for certain persons) Section 200 amended (Restrictions on access to photographic images of driver licence holders) Amendments to Passports Act 1992 Amendments to Passports Act 1992 Section 2 amended (Interpretation) Section 4 amended (Issue of passport) Section 4A repealed (Refusal to issue passport on grounds of national security) Section 8A repealed (Cancellation of passport on grounds of national security) Section 9 amended (Cancellation of passport on other grounds) Section 11 amended (Delivery of recalled passport) Section 11A amended (Warnings on New Zealand travel document database) Section 20 amended (Cancellation of certificate of identity) Section 20A repealed (Cancellation of certificate of identity on grounds of national security) Section 22 amended (Delivery of recalled certificate of identity) Section 23 amended (Issue of emergency travel document) Section 25 amended (Cancellation of emergency travel document) Section 25A repealed (Cancellation of emergency travel document on grounds of national security) Section 27 amended (Delivery of recalled emergency travel document) Section 27A amended (Issue of refugee travel document) Section 27B
 repealed (Refusal to issue refugee travel document on grounds of national security) Section 27D amended (Cancellation of refugee travel document) Section 27E repealed (Cancellation of refugee travel document on grounds of national security) Section 27G amended (Delivery of recalled refugee travel document) 142 143 143 143 143 143 144 144 144 144 144 144 145 145 145 145 145 145 145 145 145 145 146 146 146 146 13 Intelligence and Security Act 2017 Version as at 24 June 2023 303 New sections 27GA to 27GF and cross-heading inserted National and international security 27GA Refusal to issue, or cancellation or retention of, New 27GB Zealand travel document on grounds of national or international security Chief Commissioner of Intelligence Warrants to be notified of action taken under section 27GA Person to be notified of action taken under section 27GA 27GC 27GD Person not entitled to obtain New Zealand travel 27GE document if action taken under section 27GA Temporary suspension of New Zealand travel documents pending decision under section 27GA Review of Minister’s decision under section 27GA 27GF Section 27I amended (Electronic cancellation of New Zealand travel documents) Section 28 amended (Appeal to High Court) Section 29 amended (Appeal to Court of Appeal in certain cases) Cross-heading above section 29AA replaced Section 29AA amended (Proceedings where national security involved) Section 29AB amended (Proceedings involving classified security information) New section 37B inserted (Crown liability) 37B Section 46 repealed (Transitional provision) Crown liability Amendments to Privacy Act 1993 Amendments to Privacy Act 1993 Section 2 amended (Interpretation) Section 6 amended (Information privacy principles) Section 57 replaced (Intelligence organisations) 57 Cross-heading above section 81 amended Section 81 replaced (Special procedure relating to intelligence organisations) 81 Exemption for intelligence and security agencies Special procedure relating to
 intelligence and security agencies Amendments to Protected Disclosures Act 2000 Amendments to Protected Disclosures Act 2000 Section 3 amended (Interpretation) Sections 12 and 13 replaced 12 Special rules on procedures of organisations relating to intelligence and security matters Version as at 24 June 2023 Intelligence and Security Act 2017 13 Special rules on procedures of certain organisations relating to international relations Amendments to Public Finance Act 1989 Amendments to Public Finance Act 1989 Section 2 amended (Interpretation) Section 15A amended (Main Appropriation Bill: supporting information relating to appropriations) Section 45E amended (Application of this Part to intelligence and security departments) Amendment to Remuneration Authority Act 1977 Amendment to Remuneration Authority Act 1977 Schedule 4 amended Amendments to Search and Surveillance Act 2012 Amendments to Search and Surveillance Act 2012 Subpart 8 heading in Part 2 amended Section 25 amended (Warrantless searches if offence against section 78 of Crimes Act 1961 suspected) Amendments to State Sector Act 1988 Amendments to State Sector Act 1988 Section 44 amended (Special provisions in relation to certain chief executives) Schedule 1 amended Amendment to Tax Administration Act 1994 Amendment to Tax Administration Act 1994 Section 81 amended (Officers to maintain secrecy) Consequential amendments 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 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 The Parliament of New Zealand enacts as follows: 156 156 156 157 157 157 157 157 157 157 158 158 158 158 158 158 159 162 164 173 15
 Intelligence and Security Act 2017 Version as at 24 June 2023 Title This Act is the Intelligence and Security Act 2017.
Commencement The following provisions come into force on 1 April 2017: s 1 1 2 (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) section 4, in relation to the definition of intelligence and security agency: subpart 6 of Part 4: section 118: section 119: subpart 2 of Part 5: sections 167 to 170: section 242(1): sections 256 to 258: sections 283 to 311: Schedule 2: Part 1 of Schedule 3: Part 3 of Schedule 3.
(2) The rest of this Act comes into force on the day that is 6 months after the date of Royal assent.
Part 1 Preliminary provisions 3 Purpose The purpose of this Act is to protect New Zealand as a free, open, and demo‐ cratic society by— (a) establishing intelligence and security agencies that will effectively con‐ tribute to— (i) (ii) the protection of New Zealand’s national security; and the international relations and well-being of New Zealand; and (iii) the economic well-being of New Zealand; and (b) (c) giving the intelligence and security agencies adequate and appropriate functions, powers, and duties; and ensuring that the functions of the intelligence and security agencies are performed— (i) in accordance with New Zealand law and all human rights obliga‐ tions recognised by New Zealand law; and 16 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 1 s 4 (ii) with integrity and professionalism; and (iii) in a manner that facilitates effective democratic oversight; and (d) ensuring that the powers of the intelligence and security agencies are subject to institutional oversight and appropriate safeguards.
4 Interpretation In this Act, unless the context otherwise requires,— advisory panel means the advisory panel continued by section 167 Auditor-General means the Controller and Auditor-General appointed under section 7 of the Public Audit Act 2001 Chief Commissioner of Intelligence Warrants means the Chief Commis‐ sioner of Intelligence Warrants appointed under section 112(2) Commissioner of Intelligence Warrants means a Commissioner of Intelli‐ gence Warrants appointed under section 112(1) department— (a) means a department as defined in section 5 of the Public Service Act 2020; and (b) (c) includes a departmental agency (as defined in that section) hosted by the department; and includes an interdepartmental executive board (as defined in that sec‐ tion) serviced by the department Deputy Inspector-General means the Deputy Inspector-General of Intelli‐ gence and Security appointed under section 164 designated terrorist entity has the meaning given to it by section 4(1) of the Terrorism Suppression Act 2002 Director-General of an intelligence and security agency means— (a) (b) the Director-General of Security: the Director-General of the Government Communications Security Bureau Director-General of Security means the chief executive of the New Zealand Security Intelligence Service Director-General of the Government Communications Security Bureau means the chief executive of the Government Communications Security Bureau employee, in relation to an intelligence and security agency, means a person employed in any capacity in that agency financial year means a period of 12 months commencing on 1 July and ending with 30 June 17 Part 1 s 4 Intelligence and Security Act 2017 Version as at 24 June 2023 foreign organisation means— (a) (b) (c) a Government of any jurisdiction other than New Zealand: an entity controlled by the Government of any jurisdiction other than New Zealand: a body corporate that is incorporated outside New Zealand, or any com‐ pany within the meaning of the Companies Act 1993 that is, for the pur‐
 poses of the Companies Act 1993, a subsidiary of any body corporate incorporated outside New Zealand: (d) an unincorporated body of persons— (i) that is not a body 50% or more of whose members are New Zea‐ land citizens or permanent residents of New Zealand; and (ii) that carries on activities wholly or in part outside New Zealand: (e) an international organisation foreign person means a person who is not— (a) (b) a New Zealand citizen; or a permanent resident of New Zealand foreign public agency means any person or body, wherever situated, that per‐ forms any public function, duty, or power conferred on that person or body by or under the laws of a foreign country Government Communications Security Bureau means the Government Communications Security Bureau continued by section 8 human intelligence activities means activities that involve the use of any per‐ son to gather intelligence Human Rights Commissioners means the members of the Human Rights Commission that is continued by section 4 of the Human Rights Act 1993 Independent Police Conduct Authority means the Authority established under section 4 of the Independent Police Conduct Authority Act 1988 information assurance and cybersecurity activities means activities that are carried out proactively or reactively to ensure the availability, confidentiality, and integrity of communications and information infrastructures information infrastructure includes electromagnetic emissions, communica‐ tions systems and networks, information technology systems and networks, and any communications carried on, contained in, or relating to those emissions, systems, or networks Inspector-General of Intelligence and Security or Inspector-General means the Inspector-General of Intelligence and Security holding office under section 157 intelligence and security agency means— (a) the New Zealand Security Intelligence Service: 18 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 1 s 4 (b) the Government
 Communications Security Bureau Intelligence and Security Committee or Committee means the Intelligence and Security Committee continued by section 192 intelligence warrant has the meaning given to it by section 47 interdepartmental venture means an interdepartmental venture as defined in section 5 of the Public Service Act 2020 ministerial policy statement means a ministerial policy statement issued under section 206, 207, or 208, and includes any amendments made to a state‐ ment under section 212 New Zealand citizen means a person who has New Zealand citizenship as pro‐ vided in— (a) (b) the Citizenship Act 1977; or the Citizenship (Western Samoa) Act 1982 New Zealand person— (a) means any person being— (i) (ii) (iii) a New Zealand citizen; or a person ordinarily resident in New Zealand; or an unincorporated body of persons, being a body of which more than 50% of the members are New Zealand persons under sub‐ paragraphs (i), (ii), or (iv); or (iv) a body corporate that is incorporated in New Zealand; but (b) does not include— (i) (ii) any company within the meaning of the Companies Act 1993 that is, for the purposes of that Act, a subsidiary of any body corporate incorporated outside New Zealand; or any company within the meaning of the Companies Act 1993, or building society, in which— (A) (B) 25% or more of any class of shares is held by any overseas person or overseas persons; or the right to exercise or control the exercise of 25% or more of the voting power at any meeting of the company or building society is held by any overseas person or overseas persons; or (iii) a person acting in his or her capacity as a nominee of an overseas person, whether or not that person is also an overseas person New Zealand Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7 19 Part 1 s 4 Intelligence and Security Act 2017 Version as at 24 June 2023 official information has the meaning given to it by section 2(1) of the
 Official Information Act 1982, and includes security records Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975 overseas person has the meaning given to it by section 7 of the Overseas Investment Act 2005 permanent resident of New Zealand means a person who is the holder, or is deemed to be the holder, of a permanent resident visa under the Immigration Act 2009 Privacy Commissioner means the Privacy Commissioner appointed under section 13 of the Privacy Act 2020 public authority means a person or body that performs or exercises any public function, duty, or power conferred on that person or body by or under the law, and includes— (a) an organisation named in— (i) (ii) Schedule 1 of the Ombudsmen Act 1975; and Schedule 1 of the Official Information Act 1982; and (b) a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987; and (c) a foreign public agency Public Service Commissioner means the Public Service Commissioner appointed under the Public Service Act 2020 security records— (a) means papers, documents, and records of any kind, and whether bearing a security classification or not, that are officially made or received— (i) (ii) by an intelligence and security agency in the conduct of its affairs; or by any employee of an intelligence and security agency in the course of that employee’s official duties; and (b) includes registers, books, maps, plans, drawings, photographs, cinemato‐ graphic films, sound recordings, and electronic storage media made or received by an agency or employee of the kind described in paragraph (a); and (c) includes copies of papers, documents, records, and other things that are security records by virtue of paragraph (a) or (b) signals intelligence means intelligence gathered or derived from communica‐ tions and information infrastructures Type 1 intelligence warrant has the meaning given to it by section 47 Type 2 intelligence warrant has the
 meaning given to it by section 47.
20 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 2 s 9 Section 4 department: replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 4 interdepartmental venture: inserted, on 7 August 2020, by section 135 of the Public Ser‐ vice Act 2020 (2020 No 40).

Section 4 Privacy Commissioner: amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Section 4 Public Service Commissioner: inserted, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 4 State Services Commissioner: repealed, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Act binds the Crown This Act binds the Crown.


Part 2 Intelligence and security agencies New Zealand Security Intelligence Service There continues to be a New Zealand Security Intelligence Service that special‐ ises in human intelligence activities.

The New Zealand Security Intelligence Service is the same body as the body of that name existing immediately before the commencement of this section.

5 6 7 (1) (2) (3) The New Zealand Security Intelligence Service is a department of State.
Compare: 1969 No 24 s 3 8 (1) (2) Government Communications Security Bureau There continues to be a department of State called the Government Communi‐ cations Security Bureau that specialises in signals intelligence and information assurance and cybersecurity activities.

The Government Communications Security Bureau is the same body as the body of that name existing immediately before the commencement of this sec‐ tion.
Compare: 2003 No 9 s 6 Objectives 9 Objectives of intelligence and security agencies The principal objectives of the intelligence and security agencies are to contrib‐ ute to— (a) the protection of New Zealand’s national security; and 21 Part 2 s 10 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) (c) the international relations and well-being of New Zealand; and the economic well-being of New Zealand.
Compare: 1969 No 24 s 4AAA(1)(a), (b); 2003 No 9 s 7 Functions 10 (1) Intelligence collection and analysis It is a function of an intelligence and security agency to— (a) (b) collect and analyse intelligence in accordance with the New Zealand Government’s priorities; and provide any intelligence collected and any analysis of that intelligence to 1 or more of the following: (i) (ii) (iii) the Minister: the Chief Executive of the Department of the Prime Minister and Cabinet: any person or class of persons (whether in New Zealand or over‐ seas) authorised by the Minister to receive the intelligence and any analysis of that intelligence.
(2) In performing the function referred to in subsection (1)(a), an intelligence and security agency may co-operate with, and provide advice and assistance to,— (a) (b) any public authority (whether in New Zealand or overseas); and any other person or class of persons (whether in New Zealand or over‐ seas) authorised by the Minister under subsection (1)(b)(iii).
Before authorising, under subsection (1)(b)(iii), the provision of intelligence and any analysis of that intelligence to any overseas person or class of persons, the Minister must be satisfied that, in providing the intelligence and analysis, the intelligence and security agency will be acting in accordance with New Zealand law and all human rights obligations recognised by New Zealand law.
In this section, Minister, in relation to an intelligence and security agency, means the Minister responsible for the intelligence and security agency.
Compare: 2003 No 9 s 8B Protective security services, advice, and assistance It is a function of an intelligence and security agency to provide protective security services, advice, and assistance to— (a) (b) any public authority (whether in New Zealand or overseas); and any person or class of persons (whether in New Zealand or overseas) authorised by the Minister responsible for the intelligence and security agency to receive the services, advice, and assistance.
(3) (4) 11 (1) 22 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 2 s 12 (2) An intelligence and security agency may provide protective security services, advice, and assistance to any public authority or person or class of persons under subsection (1) in co-operation with any other such public authority or person or class of persons.
(3) In this section, protective security services, advice, and assistance means— (a) services and advice relating to developing and implementing protective security arrangements, including arrangements for— (i) (ii) (iii) personnel security (for example, security clearance assessments); and information security (for example, information assurance and cybersecurity activities); and physical security (for example, making premises secure and pro‐ tecting classified information); and assisting with the development and implementation of the arrangements in paragraph (a); and providing advice about national security risks (for example, national security risks associated with citizenship applications and border secur‐ ity).
(b) (c) Compare: 2003 No 9 s 8B(2) Information assurance and cybersecurity activities In relation to the Government Communications Security Bureau, the informa‐ tion assurance and cybersecurity activities referred to in paragraph (a)(ii) of the definition of protective security services, advice, and assistance in section 11(3) are— (a) (b) providing information assurance and cybersecurity activities to a public authority, person, or class of persons referred to in section 11(1); and doing everything that is necessary or desirable to protect the security and integrity of communications and information infrastructures of import‐ ance to the Government of New Zealand, including identifying and responding to threats or potential threats to those communications and information infrastructures.
12 (1) (2) Subsection (1)(a) is not limited by subsection (1)(b).
(3) An activity described in subsection (1)(a) may be carried out by the Govern‐ ment Communications Security Bureau— (a) without an authorisation if— (i) (ii) the activity is a lawful activity; or the activity would otherwise be an unlawful activity but is a law‐ ful activity because it is carried out with the lawful consent of the public authority, person, or class of persons; or 23 Part 2 s 13 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) with an authorisation if that activity is— (i) (ii) not otherwise a lawful activity; and not carried out with the consent of the public authority, person, or class of persons.
(4) An activity described in subsection (1)(b) may be carried out by the Govern‐ ment Communications Security Bureau— (a) without an authorisation if that activity is lawful; or (b) with an authorisation if that activity is otherwise unlawful.
(5) Any information obtained by the Government Communications Security Bureau in carrying out information assurance and cybersecurity activities under section 11 without an authorisation may only be used for— (a) (b) performing its function under section 11: producing reports related to threats to, or interference with, communica‐ tions or information infrastructures of importance to the Government of New Zealand and providing those reports to any person or class of per‐ sons (whether in New Zealand or overseas) authorised by the Minister for the purpose of this subsection to receive them.
(6) Despite subsection (5), any information obtained by the Government Commu‐ nications Security Bureau in carrying out information assurance and cyberse‐ curity activities under section 11 may— (a) (b) be used for any other purpose authorised by an authorisation under Part 4: if publicly available, be used for any other purpose relevant to its func‐ tions.
Before authorising, under subsection (5)(b), any overseas person or class of persons to receive any report or class of reports, the Minister must be satisfied that, in providing the report, the intelligence and security agency will be acting in accordance with New Zealand law and all human rights obligations recog‐ nised by New Zealand law.

In this section, Minister means the Minister responsible for the Government Communications Security Bureau.
Co-operation with other public authorities to facilitate their functions It is a function of the intelligence and security agencies to— (a) co-operate with— (i) (ii) each other; and the New Zealand Police; and (iii) the New Zealand Defence Force; and (7) (8) 13 (1) 24 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 2 s 14 (b) provide advice and assistance to the New Zealand Police and the New Zealand Defence Force for the purpose of facilitating the performance or exercise of the functions, duties, or powers of those public authorities.
(2) An intelligence and security agency may perform the function under subsection (1)(b)— (a) (b) (c) only to the extent that the advice and assistance are provided for the pur‐ pose of activities that the public authority may lawfully carry out; and subject to and in accordance with any limitations, restrictions, and pro‐ tections under which those public authorities perform or exercise their functions, duties, and powers; and even though the advice and assistance might involve the exercise of powers or the sharing of capabilities that the intelligence and security agency is not, or could not be, authorised to exercise or share in the per‐ formance of its other functions.
(3) An intelligence and security agency, in relation to any advice and assistance provided to a public authority under subsection (1)(b), is subject to— (a) the jurisdiction of any other body or authority to the same extent as the public authority’s actions are subject to the other body’s or authority’s jurisdiction (for example, the Independent Police Conduct Authority in relation to advice and assistance provided to the New Zealand Police); and (b) the oversight of the Inspector-General.
(4) The Director-General of an intelligence and security agency and an employee of an intelligence and security agency are immune from criminal liability for any act done under this section in good faith in providing advice and assistance to the New Zealand Police or the New Zealand Defence Force if— (a) (b) (c) the Director-General or employee reasonably believed that the act was necessary to provide the advice and assistance; and the act was carried out in a reasonable manner; and the act could have been lawfully carried out by the New Zealand Police or the New Zealand Defence Force, as the case may be.
Compare: 2003 No 9 s 8C 14 (1) Co-operation with other entities to respond to imminent threat It is a function of the intelligence and security agencies to co-operate with, and provide advice and assistance to, a person, class of persons, or public authority (whether in New Zealand or overseas) that is responding to an imminent threat to the life or safety of— (a) (b) any person in New Zealand; or any New Zealand citizen who is overseas; or 25 Part 2 s 15 Intelligence and Security Act 2017 Version as at 24 June 2023 (c) (d) any permanent resident of New Zealand who is overseas; or any person in an area in respect of which New Zealand has search and rescue responsibilities under international law; or (e) any person outside the territorial jurisdiction of any country.
(2) An intelligence and security agency may perform this function— (a) (b) (c) (d) only to the extent that the co-operation, advice, and assistance are neces‐ sary to respond to the imminent threat; and only if the activities carried out in co-operating and providing advice and assistance could not, in any circumstance, be authorised by an intelli‐ gence warrant issued for the purpose of performing a function under sec‐ tion 10 or 11; and subject to the restriction that any information obtained by the agencies in the performance of this function may not be used for any other purpose, except to the extent that the use for that other purpose is authorised by an intelligence warrant issued in the circumstances referred to in section 102(2)(a); and even though the co-operation, advice, and assistance might involve the exercise of powers or the sharing of capabilities that the agency is not, or could not be, authorised to exercise or share in the performance of its other functions.
(3) As soon as practicable after undertaking any activity in the performance of its function under this section, the Director-General of an intelligence and security agency must provide details of that activity to— (a) (b) the Minister responsible for the intelligence and security agency; and the Inspector-General.
15 Additional functions In addition to the functions specified in sections 10 to 14, the intelligence and security agencies have any other function conferred or imposed on them by or under any other enactment.
Compare: 2003 No 9 s 8(5) 16 Functions of intelligence and security agencies do not include enforcement It is not the function of an intelligence and security agency to enforce measures for national security except as may be required— (a) (b) (c) in connection with any information assurance and cybersecurity activ‐ ities that are carried out by the Government Communications Security Bureau; or in the course of performing its function under section 13; or under any other enactment.
Compare: 1969 No 24 s 4(2) 26 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 2 s 19 Duties 17 General duties applying when intelligence and security agency performing functions When performing its functions, an intelligence and security agency must act— (a) (b) (c) (d) in accordance with New Zealand law and all human rights obligations recognised by New Zealand law; and in the performance of its operational functions, independently and impartially; and with integrity and professionalism; and in a manner that facilitates effective democratic oversight.
18 Specific duties of Director-General of an intelligence and security agency The Director-General of an intelligence and security agency must take all reasonable steps to ensure that— (a) the activities of the agency are— (i) (ii) (iii) limited to those that are relevant to the performance of its func‐ tions; and kept free from any influence or consideration that is not relevant to the performance of its functions; and politically neutral (for example, the activities are not carried out for the purpose of promoting or harming the interests of any polit‐ ical party or candidate); and (b) any co-operation with foreign jurisdictions and international organisa‐ tions in the performance of any of the agency’s functions is in accord‐ ance with New Zealand law and all human rights obligations recognised by New Zealand law.
Compare: 1969 No 24 s 4AA(1); 2003 No 9 s 8D(3) 19 Activities of intelligence and security agency not to limit freedom of expression The exercise by any person in New Zealand or any class of persons in New Zealand of their right to freedom of expression under the law (including the right to advocate, protest, or dissent) does not of itself justify an intelligence and security agency taking any action in respect of that person or class of per‐ sons.
Compare: 1969 No 24 s 2(2) 27 Part 2 s 20 Intelligence and Security Act 2017 Version as at 24 June 2023 20 Director-General of an intelligence and security agency to consult Leader of the Opposition The Director-General of an intelligence and security agency must regularly consult the Leader of the Opposition for the purpose of keeping the Leader of the Opposition informed about matters relating to the agency’s functions.
Compare: 1969 No 24 s 4AA(3); 2003 No 9 s 8D(4) Part 3 Covert activities of intelligence and security agencies Subpart 1—Assumed identities 21 Purpose of subpart The purpose of this subpart is to enable an employee of an intelligence and security agency to acquire an assumed identity, use an assumed identity, or maintain an assumed identity for the purposes of— (a) facilitating the ability of that intelligence and security agency to carry out its activities while maintaining the secrecy of those activities: (b) protecting the identity of the employee.
22 (1) Interpretation In this subpart, unless the context otherwise requires,— access, in relation to information, means to do any or all of the following: (a) (b) (c) inspect the information: copy the information, or any part of the information: obtain a printout of the information acquire an assumed identity means to acquire evidence of the assumed iden‐ tity, and includes taking steps towards acquiring evidence of the identity agency includes— (a) (b) (c) (d) a Minister; and a statutory officer; and a government agency; and a private sector agency assumed identity, in relation to an authorised person, means an identity the person assumes that— is not the person’s real identity; or involves a false or misleading representation about 1 or more aspects of the person’s real identity (a) (b) 28 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 22 authorised person means an employee of an intelligence and security agency who is authorised under section 23 to do 1 or more of the following: (a) (b) acquire an assumed identity: use an assumed identity: (c) maintain an assumed identity employee means any person— (a) who is, or will be, an employee of an intelligence and security agency; and (b) who is approved by the Director-General of an intelligence and security agency to carry out activities for that agency evidence, in relation to an identity, means any documentation (whether phys‐ ical or electronic) or thing that— (a) (b) has a tendency to prove, or purports to establish, the identity (for example, a birth certificate, certificate of New Zealand citizenship, pass‐ port, or driver licence); or can be used to support the proof or establishment of the identity (for example, a bank card or staff identity card) false document includes a false document within the meaning of section 255 of the Crimes Act 1961 government agency means— (a) (b) (c) a Crown entity within the meaning of section 7 of the Crown Entities Act 2004: a department: an interdepartmental venture maintain, in relation to an assumed identity, includes taking steps towards maintaining the identity private sector agency means an entity that is not a government agency statutory officer means a person who— (a) (b) holds or performs the duties of an office established by an enactment; or performs duties expressly conferred on that person by an enactment by virtue of that person’s office.
(2) For the purposes of this subpart,— (a) (b) a record is publicly available if an agency, in the ordinary course of its activities, makes the record available to the public for inspection or searching; but a record is not to be treated as publicly available merely because it is or may be required to be made available under the Official Information Act 1982.
29 Part 3 s 23 Intelligence and Security Act 2017 Version as at 24 June 2023 Section 22(1) government agency paragraph (a): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 22(1) government agency paragraph (b): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 22(1) government agency paragraph (c): inserted, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
23 Assumed identity may be acquired, used, and maintained (1) An employee of an intelligence and security agency may do 1 or more of the following if the employee is authorised to do so by the Director-General of the intelligence and security agency: (a) (b) acquire an assumed identity: use an assumed identity: (c) maintain an assumed identity.
(2) The Director-General may authorise the acquiring, use, or maintenance of an assumed identity only if he or she is satisfied that the acquiring, use, or main‐ tenance of the assumed identity is necessary for a purpose specified in section 21.
(3) An employee (as defined in section 4) may make a false document for use in supporting the use or maintenance of an assumed identity if the Director- General is satisfied that— (a) (b) the making and use of the false document are necessary for a purpose specified in section 21; and the document is of a kind that is not ordinarily issued or given by a Min‐ ister or government agency.
(4) Nothing in this subpart prevents 2 or more authorised persons from acquiring, using, or maintaining the same assumed identity.
24 (1) Use of assumed identity The power for an employee to use an assumed identity includes the power to use the identity as if it were the employee’s own identity, for example, to use or assume the identity— (a) (b) to acquire, or take steps towards acquiring, evidence of the assumed identity (with or without assistance under section 26): to establish, maintain, and operate a legal entity (with or without assist‐ ance under section 36 or 37).
(2) Subsection (1)(a) and (b) applies only to the extent that a person of that identity could lawfully do the things referred to in those paragraphs.

(3) A thing is not unlawful for the purposes of subsection (2) merely because it involves a false or misleading representation about the employee’s identity.
30 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 26 (4) 25 (1) The power for an employee to use an assumed identity also includes the power to use a false document made under section 23(3).
Request for assistance to acquire, use, and maintain assumed identity The Director-General of an intelligence and security agency may request any other agency to assist an authorised person to do 1 or more of the following: (a) (b) acquire an assumed identity: use an assumed identity: (c) maintain an assumed identity.
(2) A request must— (a) provide details of— (i) (ii) (iii) (iv) the authorised person that are necessary to enable the agency to provide the assistance; and the assumed identity being acquired (or that has been acquired) for the authorised person; and the assistance being sought from the agency; and the specific evidence of the assumed identity that the agency is requested to issue or give; and (b) confirm that the request is made for either or both of the purposes speci‐ fied in section 21.
26 Assistance to acquire, use, and maintain assumed identity (1) An agency that receives a request under section 25 may— (a) (b) grant the request; or decline the request in accordance with subsections (2) and (3).

(2) The agency may decline the request if— (a) it is not satisfied that an authorised person will use the assumed identity appropriately; or (b) it otherwise considers that it is appropriate to decline the request.
(3) The agency must, in considering the matter under subsection (2), have regard to— (a) (b) (c) the purpose of this subpart; and every relevant ministerial policy statement, to the extent that it is known to the agency; and the protections that are or will be in place for the purpose of ensuring that an authorised person will use the assumed identity appropriately; and (d) any other matters the agency thinks relevant.
31 Part 3 s 27 Intelligence and Security Act 2017 Version as at 24 June 2023 (4) In granting the request, the agency may do anything to assist the authorised person, including— (a) (b) (c) issuing or giving to the authorised person evidence of the assumed iden‐ tity that is of a kind ordinarily issued or given by the agency; and omitting, amending, replacing, or inserting any information in any regis‐ ter or other publicly available records (including making changes to an assumed identity and, if necessary, creating other identities to support an assumed identity); and omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the evidence or information described in paragraphs (a) and (b).
27 Cancellation of evidence of assumed identity (1) An agency must cancel evidence of an assumed identity if directed in writing to do so by the Director-General of the intelligence and security agency who requested assistance in relation to the assumed identity under section 25.

The cancellation must be made in the manner set out in the direction from the Director-General.
The manner of cancellation may include, for example, 1 or more of the follow‐ ing: (a) (b) (c) omitting, amending, replacing, or inserting information in a register or other publicly available records: preventing or restricting access to any information in a register or other publicly available records: omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the actions under para‐ graphs (a) and (b).
Provisions do not require destruction of certain information Sections 26(4) and 27(3)— (a) (b) do not require an agency to destroy information if the agency is under an obligation to retain the information; and do not require or authorise the disposal of a record for the purposes of the Public Records Act 2005.

Section 29 is subject to this section.
Non-compliance with enactments, policies, and practices Evidence of an assumed identity may be issued, given, changed, or cancelled by an agency, and assistance may otherwise be given under this subpart, with‐ out complying with any enactment, policy, or practice that, in relation to the (2) (3) 28 (1) (2) 29 32 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 30 action taken by the agency, requires compliance with any specified or pre‐ scribed— (a) (b) (c) criteria or standards: requirements: process or procedure.
30 (1) Restrictions on access to information about process for obtaining assistance, etc The purpose of this section is to prevent access to information about the process for obtaining assistance under section 25 or 26 or compliance with a direction under section 27 where the access may compromise the secrecy relat‐ ing to the acquisition, use, or maintenance of an assumed identity.
(2) An agency must not permit any person (person A) to access a request made under section 25, a direction given under section 27, or any other information within its possession or control relating to the process for obtaining or giving the assistance or compliance with the direction (whether or not the request has been or will be granted or the direction has been complied with).
(3) Subsection (2) does not apply if— (a) (b) (c) (d) (e) (f) (g) person A is an authorised person; or person A is the Director-General of an intelligence and security agency; or person A is the Inspector-General of Intelligence and Security; or it is necessary for person A to have access to the information in order for the assistance to be given or for the direction to be complied with; or an authorised person has given the agency written consent to person A having access to the information; or the Director-General of the intelligence and security agency who made the request or gave the direction has given the agency written consent to person A having access to the information; or a court has ordered that person A be permitted access to the information for any specified purpose (for example, for the purposes of a prosecution in relation to the making of a false statement).
(4) If the agency receives an access request, the agency must, as soon as practic‐ able, notify the Director-General of the intelligence and security agency who made the request or gave the direction.

(5) The notice must include— (a) (b) the date and time of the access request: the name, address, and contact details (if known) of the person who made the access request: (c) the information sought to be accessed.
33 Part 3 s 31 Intelligence and Security Act 2017 Version as at 24 June 2023 (6) (7) 31 Consent under subsection (3)(e) or (f) may be given for a class of persons that includes person A without referring to person A by name.

In this section, access request means a request for access to any information referred to in subsection (2).
Immunity of persons assisting and of employee of agency in making false documents (1) A person is protected from civil and criminal liability, however it may arise, in relation to any act that the person does, or omits to do, in good faith and with reasonable care in the course of complying with— (a) (b) a request made under section 25; or a direction given under section 27.
(2) An employee of an intelligence and security agency is protected from civil and criminal liability, however it may arise, in relation to any act that the employee does, or omits to do, in good faith and with reasonable care in the course of making a false document under section 23(3).

(3) 32 In subsection (2), employee has the same meaning as in section 4.
Immunity of authorised persons (1) An authorised person is protected from civil and criminal liability, however it may arise, for any act that the authorised person does, or omits to do, in good faith and with reasonable care— (a) in the course of acquiring, using, or maintaining an assumed identity in accordance with an authorisation given under section 23; and (b) in accordance with any protections referred to in section 26(3)(c).
(2) Subsection (1) does not apply to— (a) (b) anything done, or not done, by an authorised person in breach of any contractual arrangement (unless the breach is a necessary consequence of using or maintaining the assumed identity); or anything done by an authorised person if a particular qualification is needed to do the thing and the person does not have that qualification (for example, a person who is not qualified to fly a plane is not author‐ ised to fly even though he or she has acquired a pilot’s licence under an assumed identity).
Subsection (2)(b) applies whether or not the authorised person has acquired, as evidence of an assumed identity, a document that indicates that he or she has that qualification.

In this section, qualification means a qualification, licence, registration, or other approval.
Compare: Crimes Act 1914 s 15KT (Aust) (3) (4) 34 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 34 Subpart 2—Corporate identities 33 Purpose of subpart The purpose of this subpart is to enable an intelligence and security agency to create and maintain a legal entity through which it may conduct transactions for the purpose of facilitating the ability of the agency to carry out its activities while maintaining the secrecy of those activities.
34 (1) Interpretation In this subpart, unless the context otherwise requires,— access, in relation to information, means to do any or all of the following: (a) (b) (c) inspect the information: copy the information, or any part of the information: obtain a printout of the information agency means— (a) (b) the chief executive of a department: a department: (ba) the board of an interdepartmental venture: (bb) an interdepartmental venture: (c) (d) (e) a Registrar or Deputy Registrar appointed under, or in accordance with, any enactment: a Board established under section 8 of the Charities Act 2005: a regulatory authority entity means— (a) (b) (c) (d) an unincorporated body: a body corporate: a corporation sole: a trust evidence, in relation to a legal identity, status, capacity, or unique identifier, means any documentation (whether physical or electronic) or thing that— (a) (b) has a tendency to prove, or purports to establish, the identity, status, or capacity or that the unique identifier has been allocated; or can be used to support the proof or establishment of the identity, status, or capacity or that the unique identifier has been allocated regulatory authority means any authority having statutory functions that include any or all of the following: (a) monitoring the business community: (b) regulating any business sector: 35 Part 3 s 35 Intelligence and Security Act 2017 Version as at 24 June 2023 (c) conducting inquiries and investigations into any business activity or practice: (d) enforcing legislation that relates to business activities.
(2) For the purposes of this subpart,— 35 (1) (a) (b) a record is publicly available if an agency, in the ordinary course of its activities, makes the record available to the public for inspection or searching; but a record is not to be treated as publicly available merely because it is or may be required to be made available under the Official Information Act 1982.

Section 34(1) agency paragraph (ba): inserted, on 7 August 2020, by section 135 of the Public Ser‐ vice Act 2020 (2020 No 40).
Section 34(1) agency paragraph (bb): inserted, on 7 August 2020, by section 135 of the Public Ser‐ vice Act 2020 (2020 No 40).
Request for corporate identity, status, etc The Director-General of an intelligence and security agency may, if he or she is satisfied that it is necessary for the purpose specified in section 33, request any other agency to do any of the following: (a) (b) (c) confer a legal identity by forming or incorporating an entity (for example, incorporate a company or a charitable trust board): confer on an entity any legal status or capacity (for example, register an entity as a charitable entity or financial service provider): allocate to an entity a unique identifier (for example, allocate an entity a New Zealand Business Number or a goods and services tax registration number): (d) provide evidence of— (i) (ii) any legal identity, status, or capacity having been conferred on an entity (for example, issue a certificate of incorporation): any unique identifier having been allocated to an entity (for example, record an entity’s New Zealand Business Number in the New Zealand Business Number Register): (e) perform any action that is ancillary to, or consequential on, any of the actions specified in paragraphs (a) to (d).
(2) A request must— (a) provide details of— (i) the entity or proposed entity that is the subject of the request that are necessary to enable the agency to take the requested action; and 36 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 36 (ii) the action that the agency is being requested to take in respect of the entity or proposed entity; and (b) confirm that the request is made for the purpose specified in section 33.
36 Conferring corporate identity, status, etc (1) An agency that receives a request under section 35 may— (a) (b) grant the request; or decline the request in accordance with subsections (2) and (3).
(2) An agency may decline the request if— (a) it is not satisfied that the intelligence and security agency will use appro‐ priately— (i) (ii) the legal identity, status, or capacity to be conferred on the entity or proposed entity; or the unique identifier to be allocated to the entity or proposed entity; or (b) it otherwise considers that it is appropriate to decline the request.
(3) The agency must, in considering the matter under subsection (2), have regard to— (a) (b) (c) the purpose of this subpart; and every relevant ministerial policy statement, to the extent that it is known to the agency; and the protections that are or will be in place for the purpose of ensuring that the intelligence and security agency will use appropriately— (i) the legal identity, status, or capacity conferred on the entity or pro‐ posed entity; or (ii) the unique identifier allocated to the entity or proposed entity; and (d) any other matters the agency thinks relevant.
(4) In granting the request, the agency may do anything to take an action referred to in section 35, including— (a) (b) omitting, amending, replacing, or inserting any information in any regis‐ ter or other publicly available records (including, if necessary, creating assumed identities to support the action); and omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the information in para‐ graph (a).
37 Part 3 s 37 Intelligence and Security Act 2017 Version as at 24 June 2023 37 Maintaining corporate identity, status, or capacity (1) The Director-General of an intelligence and security agency may, for the pur‐ pose specified in section 33, request an agency to assist with maintaining the legal identity, status, or capacity that has been conferred under section 36.
(2) An agency that receives a request under subsection (1) may— (a) (b) grant the request; or decline the request if it is not satisfied that it is appropriate to provide the assistance.

(3) The agency must, in considering the matter under subsection (2)(b), have regard to— (a) (b) (c) (d) the purpose of this subpart; and every relevant ministerial policy statement, to the extent that it is known to the agency; and the impact on any members of the public; and any other matters the agency thinks relevant.
(4) In granting the request, the agency may do anything to give the assistance, including— (a) (b) omitting, amending, replacing, or inserting any information in any regis‐ ter or other publicly available records (including making changes to the legal identity, status, or capacity and, if necessary, creating assumed identities to support a legal identity, status, or capacity); and omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the information described in paragraph (a).
38 Dissolution or deregistration, etc, of entity (1) A Director-General of an intelligence and security agency who made a request under section 35 or 37 may, at any time, direct an agency that took any action of the kind specified in section 35(1) or 37(4) in response to his or her request to subsequently take steps necessary to— (a) negate the effect of the earlier action (for example, remove a company from the register of companies); and (b) expunge any record of that earlier action having been taken.
The steps must be taken in the manner set out in the direction from the Director-General.
The manner of taking those steps may include, for example, 1 or more of the following: (a) omitting, amending, replacing, or inserting information in a register or any other publicly available records: (2) (3) 38 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 41 (b) (c) preventing or restricting access to any information in a register or any other publicly available records: omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the actions under para‐ graphs (a) and (b).
Provisions do not require destruction of certain information Sections 36(4), 37(4), and 38(3)— (a) (b) do not require an agency to destroy information if the agency is under an obligation to retain the information; and do not require or authorise the disposal of a record for the purposes of the Public Records Act 2005.

Section 40 is subject to this section.


Non-compliance with enactments, policies, and practices Compliance with a request made under section 35, 37, or 42 or a direction given under section 38 may be made without complying with any enactment, policy, or practice that, in relation to the action taken by the agency, requires compliance with any specified or prescribed— (a) (b) (c) criteria or standards: requirements: process or procedure.
Restrictions on access to information about process for obtaining assistance, etc The purpose of this section is to prevent access to information about the process for obtaining assistance under sections 35 to 37, an exemption under section 42, or compliance with a direction under section 38 where the access may compromise the secrecy relating to the creation or maintenance of the legal entity.
39 (1) (2) 40 41 (1) (2) An agency must not permit any person (person A) to access a request made under section 35, 37, or 42, a direction given under section 38, or any other information within its possession or control relating to the process for obtain‐ ing or giving the assistance or exemption or compliance with the direction (whether or not the request or exemption has been or will be granted or the direction has been complied with).
(3) Subsection (2) does not apply if— (a) (b) person A is the entity; or person A is the Director-General of an intelligence and security agency; or (c) person A is the Inspector-General of Intelligence and Security; or 39 Part 3 s 42 Intelligence and Security Act 2017 Version as at 24 June 2023 (d) (e) (f) it is necessary for person A to have access to the information in order for the assistance to be given, for the exemption to be granted, or for the direction to be complied with; or the Director-General of an intelligence and security agency who made the request or gave the direction has consented in writing to person A having access to the information; or a court has ordered that person A be permitted access to the information for any specified purpose (for example, for the purposes of proceedings relating to a transaction entered into by the entity).
(4) If an agency receives an access request, the agency must, as soon as practic‐ able, notify the Director-General of the intelligence and security agency who made the request or gave the direction.

(5) The notice must include— (a) (b) the date and time of the access request; and the name, address, and contact details (if known) of the person who made the access request; and (c) the information sought to be accessed.
(6) (7) Consent under subsection (3)(e) may be given for a class of persons that includes person A without referring to person A by name.

In this section, access request means a request for access to any information referred to in subsection (2).
42 Entity or officer exempt from complying with legal requirements, etc (1) An entity that has been conferred with any legal identity, status, or capacity under section 36, or an officer of that entity, may be exempted from complying with any requirements or duties imposed by or under any enactment that apply to an entity having that legal identity, status, or capacity or to an officer of such an entity.
(2) An exemption from complying with any requirement or duty may be granted only— (a) by— (i) (ii) the agency responsible for ensuring compliance with, or enforc‐ ing, that requirement or duty; or the agency that is the department or interdepartmental venture responsible for the administration of the enactment referred to in subsection (1); and (b) on a request made by the Director-General of an intelligence and secur‐ ity agency.
(3) An agency may grant an exemption only if the agency is satisfied that granting the exemption— 40 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 44 (a) will not have a significant negative impact on any members of the pub‐ lic; and (b) is otherwise appropriate.
(4) The agency must, before granting an exemption, have regard to— (a) whether, in the circumstances, compliance with the enactment referred to in subsection (1)— (i) (ii) would require the entity or officer to comply with a duty or requirement that is unduly onerous or burdensome; or is not necessary in order to fulfil the purpose for which the duty or requirement was imposed; and (b) whether the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption; and (c) (d) the purposes of the enactment referred to in subsection (1); and any other matters the agency thinks relevant.
(5) An exemption must be granted by notice in writing and may be subject to any terms and conditions specified by the agency.
(6) (7) [Repealed] In this section and section 45(2)(g), officer, in relation to an entity, means— (a) (b) a director within the meaning of section 6(1) of the Financial Markets Conduct Act 2013; and a person who is not a director but who occupies a position that allows the person to exercise significant influence over the management or administration of the entity (for example, a chief executive or a chief financial officer).
Section 42(2)(a)(ii): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 42(6): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
43 Immunity of persons complying with request or direction A person is protected from civil and criminal liability, however it may arise, in relation to any act that the person does, or omits to do, in good faith and with reasonable care in the course of complying with— (a) (b) a request made under section 35, 37, or 42; or a direction given under section 38.
44 Immunity of entity (1) An entity that has been conferred with any legal identity, status, or capacity under section 36 is protected from civil and criminal liability, however it may 41 Part 3 s 45 Intelligence and Security Act 2017 Version as at 24 June 2023 arise, for any act that the entity does, or omits to do, in good faith and with reasonable care— (a) (b) in the course of carrying out its activities; and in accordance with any protections referred to in section 36(3)(c).
(2) Subsection (1) does not apply to— (a) (b) anything done, or not done, by an entity in breach of any contractual arrangement (unless the breach is a necessary consequence of creating or maintaining the relevant legal identity, status, or capacity); or anything done by an entity if a particular qualification is needed to do the thing and the entity does not have that qualification (for example, an entity that is not qualified to provide a financial service is not authorised to provide that service even though it has acquired a licence to perform that service).
(3) (4) Subsection (2)(b) applies whether or not the entity has acquired a document that indicates that it has that qualification.

In this section, qualification means a qualification, licence, registration, or other approval.
Subpart 3—Register of assumed identities and legal entities created or maintained 45 (1) Register of assumed identities and legal entities created or maintained The Director-General of an intelligence and security agency must keep a regis‐ ter of assumed identities acquired, and legal entities created or maintained, under this Part by the agency.
(2) The register must include,— (a) for each authorisation given by the Director-General under section 23, details of— (i) (ii) (iii) (iv) the assumed identity that was being acquired (or that had been acquired) for the authorised person; and the scope of the authorisation; and the person who was authorised to acquire, maintain, or use the assumed identity; and each false document for use in supporting the use or maintenance of the assumed identity that was created under section 23(3); and (b) for each request for assistance under section 25, details of— (i) the date of the request and of the agency to which the request was made; and (ii) the authorised person to whom the request relates; and 42 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 3 s 45 (iii) (iv) (v) the assumed identity that was being acquired (or that had been acquired) for the authorised person; and the assistance that was sought from the agency; and the specific evidence of the assumed identity that the agency was requested to issue or give; and (vi) whether the agency granted or refused the request; and (c) for each direction given under section 27, details of— (i) (ii) (iii) the date of the direction and of the agency to which the direction was given; and the assumed identity to which the direction relates; and the evidence that was required to be cancelled and the manner of cancellation that is set out in the direction; and (d) for each request made under section 35, details of— (i) (ii) (iii) the date of the request and of the agency to which the request was made; and the entity or proposed entity that was the subject of the request; and the action that the agency was requested to take in respect of the entity or proposed entity; and (iv) whether the agency granted or refused the request; and (e) for each request made under section 37, details of— (i) (ii) (iii) the date of the request and of the agency to which the request was made; and the entity or proposed entity that was the subject of the request; and the action that
 the agency was requested to take in respect of the entity or proposed entity; and (iv) whether the agency granted or refused the request; and (f) for each direction given under section 38, details of— (i) (ii) (iii) the date of the direction and of the agency to which the direction was given; and the entity to which the direction relates; and the steps required to be taken and the manner of taking those steps that is set out in the direction; and (g) for each request made under section 42, details of— (i) the date of the request and of the agency to which the request was made; and (ii) the entity that was the subject of the request; and 43 Part 4 s 46 Intelligence and Security Act 2017 Version as at 24 June 2023 (iii) (iv) each officer to whom the exemption relates (if any); and the exemption that the agency was requested to grant; and (v) whether the agency granted or refused the request; and (vi) the terms and conditions of the exemption that was granted (if any).
(3) All information required to be kept under this section by the Director-General of an intelligence and security agency may be accessed at any time by— (a) (b) the Minister responsible for the intelligence and security agency: the Inspector-General.
Part 4 Authorisations 46 Purpose of Part The purpose of this Part is to establish an authorisation regime for the intelli‐ gence and security agencies that— (a) (b) authorises as lawful the carrying out of an activity by an intelligence and security agency that would otherwise be unlawful, if certain criteria are satisfied; and confers on an intelligence and security agency specified powers for the purpose of giving effect to an authorisation.
47 Interpretation In this Part, unless the context otherwise requires,— access an information infrastructure means instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources or features of an information infrastructure (including features that provide audio or visual capability) authorisation means— (a) (b) (c) (d) an intelligence warrant: an authorisation given under section 78: a removal warrant: a practice warrant authorised activity means an activity that is authorised by an authorisation authorising Minister, in relation to an application for an intelligence warrant, means,— (a) in the case of an application under section 55, the Minister responsible for the intelligence and security agency making the application; or (b) in the case of a joint application under section 56,— 44 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 47 (i) (ii) the Minister responsible for the intelligence and security agencies, if the same Minister is responsible for each agency; or the Ministers responsible for the intelligence and security agen‐ cies, if a different Minister is responsible for each agency communication includes signs, signals, impulses, writing, images, sounds, information, or data that a person or machine produces, sends, receives, pro‐ cesses, or holds in any medium electronic tracking means the use of electronic means for the purpose of ascertaining the location, or tracking the movement, of a person or thing incidentally obtained information means information that— (a) is obtained in the course of performing a function under section 10 or 11; but (b) is not relevant to either of those functions intelligence warrant means— (a) (b) a Type 1 intelligence warrant; and a Type 2 intelligence warrant intercept, in relation to a private communication, includes to hear, listen to, record, monitor, acquire, or receive the communication, or acquire its sub‐ stance, meaning, or sense,— (a) (b) while it is taking place; or in the course of
 transmission interception device means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept communications practice warrant means a warrant issued under section 93 private activity means an activity that, in the circumstances, any of the partici‐ pants in it ought reasonably to expect to be observed or recorded by no one except the participants private communication— (a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made in circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but (b) does not include a communication of that kind occurring in circum‐ stances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so private premises means a private residence, a marae, or any other premises to which members of the public do not usually or frequently have access 45 Part 4 s 47 Intelligence and Security Act 2017 Version as at 24 June 2023 remote access search means a search of a thing that does not have a physical address that a person can enter and search removal warrant means a warrant issued under section 85 search includes a remote access search seize includes to take, remove, and copy, and seizing and seizure have corres‐ ponding meanings serious crime,— (a) for the purposes of section 58, means,— (i) (ii) in relation to New Zealand, any offence punishable by 3 or more years’ imprisonment; and in relation to any other country, any offence that, if it occurred in New Zealand, would be an offence punishable by 3 or more years’ imprisonment; and (b) for the purposes of section 104, means,— (i) (ii) in relation to New Zealand, any offence
 punishable by 2 or more years’ imprisonment; and in relation to any other country, an offence that, if it occurred in New Zealand, would be an offence punishable by 2 or more years’ imprisonment situation of urgency means a situation where— (a) (b) there is an imminent threat to the life or safety of any person; or the delay associated with applying for the issue of an intelligence war‐ rant in the usual way is likely to materially prejudice the protection of New Zealand’s national security surveillance includes— (a) (b) visual surveillance; and electronic tracking thing includes— (a) (b) a vehicle: an information infrastructure (for example, a mobile phone, a website, or a data storage device) Type 1 intelligence warrant means an intelligence warrant issued under sec‐ tion 58 or 59 Type 2 intelligence warrant means an intelligence warrant issued under sec‐ tion 60 visual surveillance means the observation of private activity in private prem‐ ises, with or without the use of a visual surveillance device, and includes any recording of that observation 46 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 51 visual surveillance device has the meaning given to it by section 3(1) of the Search and Surveillance Act 2012.
48 Authorisation not required to carry out lawful activity An intelligence and security agency may carry out a lawful activity in the per‐ formance or exercise of any function, duty, or power without an authorisation.

49 Authorisation required to carry out otherwise unlawful activity (1) An intelligence and security agency may carry out an otherwise unlawful activ‐ ity only if that activity is an authorised activity.
(2) An intelligence and security agency may not, without an authorisation, request a government of, or an entity in, another jurisdiction to carry out an activity that would be an unlawful activity if it were carried out by the intelligence and security agency.

(3) An authorised activity may lawfully be carried out by an intelligence and security agency despite anything to the contrary in any other enactment.
50 Duty to act only as authorised The Director-General of an intelligence and security agency must take all reasonable steps to ensure that, in relation to the carrying out of an otherwise unlawful activity, the intelligence and security agency— (a) (b) (c) acts only within the scope of an authorisation; and carries out only authorised activities; and exercises only powers necessary for carrying out authorised activities.
51 (1) Request for assistance to give effect to authorisations The Director-General of an intelligence and security agency may request assist‐ ance with giving effect to an authorisation from— (a) (b) (c) the New Zealand Police; or any other organisation; or any person.

(2) A request must— (a) (b) specify the assistance required; and be recorded in writing.
(3) A person who assists is subject to the control of the Director-General of the intelligence and security agency and may exercise the same powers as the intel‐ ligence and security agency.

(4) A person who assists has the same immunities as an employee of an intelli‐ gence and security agency (see section 104 of the Public Service Act 2020 and section 111 of this Act).
47 Part 4 s 52 Intelligence and Security Act 2017 Version as at 24 June 2023 (5) In this section, organisation includes a body corporate, an unincorporated body, an association of persons, a department, an interdepartmental venture, and a Crown entity or other instrument of the Crown.

Compare: 1969 No 24 s 4D Section 51(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 51(5): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Subpart 1—Intelligence warrants Types of intelligence warrants 52 Types of intelligence warrant There are 2 types of intelligence warrants, as follows: (a) (b) Type 1 intelligence warrants: Type 2 intelligence warrants.
53 Type 1 intelligence warrant A Type 1 intelligence warrant authorises an intelligence and security agency to carry out an otherwise unlawful activity for the purpose of collecting informa‐ tion about, or to do any other thing directly in relation to,— (a) any person who is— (i) (ii) a New Zealand citizen; or a permanent resident of New Zealand; or (b) a class of persons that includes a person who is— (i) (ii) a New Zealand citizen; or a permanent resident of New Zealand.
54 Type 2 intelligence warrant A Type 2 intelligence warrant authorises an intelligence and security agency to carry out an otherwise unlawful activity for the purpose of collecting informa‐ tion, or to do any other thing, in circumstances where a Type 1 warrant is not required.
Application and issue of intelligence warrants 55 Application for issue of intelligence warrant (1) An application for the issue of an intelligence warrant must be made in writing by the Director-General of an intelligence and security agency and— (a) state the type of intelligence warrant applied for; and 48 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 58 (b) (c) (d) set out details of the activity proposed to be carried out under the war‐ rant; and set out the grounds on which the application is made (including the rea‐ sons why the legal requirements for issuing the warrant are believed to be satisfied); and contain a statement in which the Director-General making the applica‐ tion confirms that all of the information set out in the application is true and correct.
(2) An application for a Type 1 intelligence warrant must be made to— (a) (b) the authorising Minister; and the Chief Commissioner of Intelligence Warrants.

(3) An application for a Type 2 intelligence warrant must be made to the author‐ ising Minister.

56 Joint application for intelligence warrant The Director-General of Security and the Director-General of the Government Communications Security Bureau may jointly apply for the issue of an intelli‐ gence warrant.
57 Issue of Type 1 intelligence warrant (1) A Type 1 intelligence warrant is issued jointly by— (a) (b) the authorising Minister; and a Commissioner of Intelligence Warrants.

(2) A Type 1 intelligence warrant may only be issued in accordance with section 58 or 59.
58 Issue of Type 1 intelligence warrant to contribute to protection of national security (1) A Type 1 intelligence warrant may be issued to the Director-General of an intelligence and security agency if the authorising Minister and a Commis‐ sioner of Intelligence Warrants are satisfied— (a) that the issue of the Type 1 intelligence warrant will enable the intelli‐ gence and security agency to carry out an activity that— (i) (ii) is necessary to contribute to the protection of national security; and identifies, enables the assessment of, or protects against any of the harms specified in subsection (2); and (b) that the additional criteria in section 61 are met.
(2) The harms referred to in subsection (1)(a)(ii) are— (a) terrorism or violent extremism: 49 Part 4 s 59 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) espionage or other foreign intelligence activity that— (c) (d) (e) (i) (ii) is directed at a New Zealand interest (whether or not that interest is in New Zealand): is carried out by a person who is a New Zealand citizen or per‐ manent resident of New Zealand (whether or not that person is in New Zealand): (iii) occurs in New Zealand (whether or not directed at a New Zealand interest): sabotage (within the meaning of section 79 of the Crimes Act 1961): proliferation of weapons of mass destruction: anything that may be relevant to serious crime and that— (i) originates outside New Zealand or is influenced from outside New Zealand; or (ii) involves the movement of money, goods, or people— (A) within a country outside New Zealand; or (B) from a country outside New Zealand to New Zealand or to any other country; or (iii) has the potential to damage New Zealand’s international relations or economic well-being: (f) threats to, or interference with, information (including communications) or information infrastructure of importance to the Government of New Zealand: (g) threats to— (i) (ii) (iii) international security that have the potential to impact adversely on New Zealand’s interests: the operations of the Government of New Zealand: the sovereignty of New Zealand, including New Zealand’s terri‐ torial and border integrity and its right to manage or control its natural resources.
59 Issue of Type 1 intelligence warrant to contribute to New Zealand’s international relations or economic well-being (1) A Type 1 intelligence warrant may be issued to the Director-General of an intelligence and security agency if the authorising Minister and a Commis‐ sioner of Intelligence Warrants are satisfied of the matters in subsection (2).
(2) The matters are— (a) that the issue of the Type 1 intelligence warrant will enable the intelli‐ gence and security agency to carry out an activity that will contribute to— 50 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 61 (i) (ii) the international relations and well-being of New Zealand; or the economic well-being of New Zealand; and (b) that there are reasonable grounds to suspect that— (i) a person referred to in section 53(a) in respect of whom the activ‐ ity is proposed to be carried out is acting, or purporting to act, for or on behalf of— (A) (B) (C) a foreign person; or a foreign organisation; or a designated terrorist entity; or (ii) any New Zealand persons within a class of persons referred to in section 53(b) in respect of whom the activity is proposed to be carried out are employed by, or are members of,— (A) (B) a foreign government; or a designated terrorist entity; and (c) that the additional criteria in section 61 are met.
60 Issue of Type 2 intelligence warrant (1) A Type 2 intelligence warrant is issued by the authorising Minister.

(2) A Type 2 intelligence warrant may be issued to the Director-General of an intelligence and security agency only if the authorising Minister is satisfied of the matters in subsection (3).
(3) The matters are— (a) that the issue of the Type 2 intelligence warrant will enable the intelli‐ gence and security agency to carry out an activity that— (i) is necessary to contribute to the protection of national security; or (ii) will contribute to— (A) the international relations and well-being of New Zealand; or (B) the economic well-being of New Zealand; and (b) that the activity is not in respect of a person, or class of persons, for which a Type 1 warrant is required; and (c) that the additional criteria in section 61 are met.
61 Additional criteria for issue of intelligence warrant The additional criteria for the issue of an intelligence warrant referred to in sec‐ tions 58(1)(b), 59(2)(c), and 60(3)(c) are that— (a) the carrying out of the otherwise unlawful activity (a proposed activity) by an intelligence and security agency is necessary to enable the agency to perform a function under section 10 or 11; and 51 Part 4 s 62 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) (c) the proposed activity is proportionate to the purpose for which it is to be carried out; and the purpose of the warrant cannot reasonably be achieved by a less intru‐ sive means; and (d) there are satisfactory arrangements in place to ensure that— (i) (ii) (iii) nothing will be done in reliance on the intelligence warrant beyond what is necessary and reasonable for the proper perform‐ ance of the function under section 10 or 11; and all reasonably practicable steps will be taken to minimise the impact of the proposed activity on any members of the public; and any information obtained in reliance on the intelligence warrant will be retained, used, and disclosed only in accordance with this Act or any other enactment.
Compare: 1969 No 24 s 4A(3)(b), (c); 2003 No 9 s 15A(2)(a)–(d) 62 Issue of joint intelligence warrant (1) A joint Type 1 intelligence warrant may be issued under section 58 or 59 if the authorising Minister and a Commissioner of Intelligence Warrants consider it appropriate in the circumstances to do so.

(2) A joint Type 2 intelligence warrant may be issued under section 60 if the authorising Minister considers it appropriate in the circumstances to do so.
(3) The Director-General of Security and the Director-General of the Government Communications Security Bureau may jointly or severally— (a) carry out all of the activities authorised by a joint intelligence warrant; and (b) exercise all of the powers under a joint intelligence warrant.
(4) Subsection (3) applies even though an activity or a power authorised by the joint intelligence warrant is not an activity or a power that a Director-General could be authorised to carry out or exercise by an intelligence warrant that is not a joint intelligence warrant (for example, the Director-General of the Gov‐ ernment Communications Security Bureau may exercise a power that may be exercised by the Director-General of Security).
63 Minister of Foreign Affairs to be consulted in relation to issue of intelligence warrants in certain cases The authorising Minister must consult the Minister of Foreign Affairs before an intelligence warrant is issued authorising any activity that is likely to have implications for— (a) New Zealand’s foreign policy; or (b) New Zealand’s international relations.
52 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 67 64 Intelligence warrants may be issued subject to restrictions or conditions An intelligence warrant may be issued subject to any restrictions or conditions that are considered desirable in the public interest by— (a) the authorising Minister and a Commissioner of Intelligence Warrants, in the case of a Type 1 intelligence warrant: (b) the authorising Minister, in the case of a Type 2 intelligence warrant.
Compare: 1969 No 24 ss 4B(2), (3), 4IC(1)(b); 2003 No 9 s 15A(4) 65 Term of intelligence warrant (1) An intelligence warrant must specify a period not exceeding 12 months during which it is valid.

(2) The expiry of an intelligence warrant does not prevent a further application for an intelligence warrant in relation to the same activity.
Compare: 1969 No 24 s 4C 66 Matters required to be stated in intelligence warrant An intelligence warrant must state— (a) (b) (c) (d) (e) (f) (g) (h) (i) the type of intelligence warrant issued: the Director-General to whom the warrant is issued or, if the warrant is issued on a joint application made under section 56, that it is issued to the Director-General of Security and the Director-General of the Gov‐ ernment Communications Security Bureau: the objective in section 9 to which the warrant relates: the purpose for which the warrant is issued: the person or class of persons (if any) in respect of whom the otherwise unlawful activity is being carried out: the particular activity or activities authorised to be carried out: any restrictions or conditions imposed under section 64: the term of the warrant: the date of issue of the warrant.
Compare: 1969 No 24 s 4B; 2003 No 9 s 15D Authorised activities and powers 67 Authorised activities (1) An intelligence warrant may authorise the carrying out of 1 or more of the fol‐ lowing activities that would otherwise be unlawful: (a) conducting surveillance in respect of 1 or more— (i) (ii) persons or classes of persons: places or classes of places: 53 Part 4 s 68 Intelligence and Security Act 2017 Version as at 24 June 2023 (iii) things or classes of things: (b) intercepting any private communications or classes of private communi‐ cations: (c) searching 1 or more— (i) (ii) places or classes of places: things or classes of things: (d) seizing— (i) (ii) 1 or more communications or classes of communications: information or 1 or more classes of information: (iii) 1 or more things or classes of things: (e) (f) (g) requesting the government of, or an entity in, another jurisdiction to carry out an activity that, if carried out by an intelligence and security agency, would be an unlawful activity: taking any action to protect a covert collection capability: any human intelligence activity to be carried out for the purpose of col‐ lecting intelligence, not being an activity that— (i) (ii) involves the use or threat of violence against a person; or perverts, or attempts to pervert, the course of justice.
(2) An intelligence warrant issued to the Director-General of the Government Communications Security Bureau may, in addition to any of the activities spe‐ cified in subsection (1), authorise the doing of any other act that is necessary or desirable to protect the security and integrity of communications and informa‐ tion infrastructures of importance to the Government of New Zealand (includ‐ ing identifying and responding to threats or potential threats to those communi‐ cations or infrastructures) without the consent of any person.
Powers of New Zealand Security Intelligence Service acting under intelligence warrant The Director-General of the New Zealand Security Intelligence Service, or an employee of that intelligence and security agency authorised by the Director- General for that purpose, may exercise any of the following powers to give effect to an intelligence warrant: (a) enter— (i) (ii) (iii) any place, vehicle, or other thing that is specified in the intelli‐ gence warrant; or any place, vehicle, or other thing that is owned or occupied by a person identified in the intelligence warrant; or any place, vehicle, or other thing where a person identified in the intelligence warrant is, is likely to be, or has been, at any time; or 68 (1) 54 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 68 (iv) in any case where an information infrastructure is identified in the intelligence warrant, any place, vehicle, or other thing— (A) where that information infrastructure is or is likely to be at any time; or (B) that it is necessary to enter in order to access that informa‐ tion infrastructure: (b) install, use, maintain, or remove— (i) (ii) a visual surveillance device; or a tracking device; or (iii) an interception device: (c) (d) (e) (f) (g) (h) (i) (j) (k) access an information infrastructure or a class of information infrastruc‐ tures: open (by any means) or interfere with a vehicle, container, receptacle, or other thing: take photographs, sound recordings, video recordings, or drawings of the place, vehicle, or other thing entered or searched, and of any item found in or on that place or thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the activity: bring into and use in or on a place, vehicle, or other thing searched any equipment: use any equipment found in or on the place, vehicle, or other thing searched: extract and use, in the course of carrying out activities allowed by the warrant, any
 electricity from a place or thing: bring into and use in or on a place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching or other intelligence duties and that is under the control of its usual handler): use any force in respect of any property or thing that is reasonable for the purposes of carrying out a search or seizure: do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the war‐ rant and to keep the activities of the intelligence and security agency covert: (l) do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.
(2) Subsection (1) applies subject to any restrictions or conditions imposed under section 64 and stated in the warrant.
Compare: 1969 No 24 s 4E(1), (3); 2012 No 24 s 110(c), (e), (f), (j) 55 Part 4 s 69 Intelligence and Security Act 2017 Version as at 24 June 2023 69 (1) Powers of Government Communications Security Bureau under intelligence warrant The Director-General of the Government Communications Security Bureau, or an employee of that intelligence and security agency authorised by the Director-General for that purpose, may exercise the following powers to give effect to the intelligence warrant: (a) (b) (c) (d) (e) access an information infrastructure, or a class of information infrastruc‐ tures: install, use, maintain, or remove a visual surveillance device to maintain the operational security of any activity authorised to be carried out: install, use, maintain, or remove an interception device: extract and use, in the course of carrying out activities allowed by the warrant, any electricity from a place or thing: do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the war‐ rant and to keep the activities of the intelligence and security agency covert: (f) do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.
(2) Subsection (1) applies subject to any restrictions or conditions imposed under section 64 and stated in the warrant.

(3) In this section, access an information infrastructure includes— (a) instructing, communicating with, storing data in, retrieving data from, or otherwise making use of the resources or features of the infrastructure: (b) making photographs, videos, and sound recordings, or using the infra‐ structure or any part of it.
70 Privileged communications or privileged information (1) An intelligence warrant may not authorise the carrying out of any activity or the exercise of any power for the purpose of obtaining privileged communica‐ tions or privileged information of— (a) (b) a New Zealand citizen; or a permanent resident of New Zealand.
(2) In subsection (1), privileged communications or privileged information means communications or information protected by legal professional privilege or privileged in proceedings under section 54 or any of sections 56 to 59 of the Evidence Act 2006.
Compare: 1969 No 24 ss 4A(3)(d), 4IB(3)(d); 2003 No 9 s 15C 56 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 72 Urgent intelligence warrants 71 (1) Urgent issue of Type 1 intelligence warrant This section applies if an application for the issue of a Type 1 intelligence war‐ rant is made in a situation of urgency.
(2) If this section applies,— (a) the authorising Minister and a Commissioner of Intelligence Warrants may, if satisfied that a situation of urgency exists and that it is necessary to do so,— (i) (ii) allow the application to be made orally (for example, by a tele‐ phone call) or by personal appearance, and excuse the applicant from putting all or any part of the application in writing; and issue urgently in accordance with section 58 or 59 a Type 1 intelli‐ gence warrant; or (b) the authorising Minister may, if satisfied that a situation of urgency exists and that it is necessary to do so without the involvement of a Commissioner of Intelligence Warrants,— (i) (ii) allow the application to be made orally (for example, by a tele‐ phone call) or by personal appearance and excuse the applicant from putting all or any part of the application in writing; and issue urgently in accordance with section 58 or 59 a Type 1 intelli‐ gence warrant.
(3) If a Type 1 intelligence warrant is issued under subsection (2)(b)(ii), the war‐ rant is effective as if it had been issued by the authorising Minister and a Com‐ missioner of Intelligence Warrants, but— (a) (b) the authorising Minister must immediately notify the Chief Commis‐ sioner of Intelligence Warrants; and the Chief Commissioner of Intelligence Warrants may, at any time before an application required by section 74 is determined, revoke the warrant.
72 (1) (2) Urgent issue of Type 2 intelligence warrant This section applies if an application for the issue of a Type 2 intelligence war‐ rant is made in a situation of urgency.
The authorising Minister may, if satisfied that a situation of urgency exists and that it is necessary to do so,— (a) (b) allow the application to be made orally (for example, by a telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application in writing; and issue urgently in accordance with section 60 a Type 2 intelligence war‐ rant.
57 Part 4 s 73 Intelligence and Security Act 2017 Version as at 24 June 2023 73 Reasons for urgent issue of intelligence warrant to be recorded The reasons for the urgent issue of an intelligence warrant under section 71 or 72 must be recorded as soon as practicable by— (a) (b) the authorising Minister; or the authorising Minister and the Commissioner of Intelligence Warrants, in the case of a warrant issued under section 71(2)(a)(ii).
74 Intelligence warrant issued under section 71 revoked unless confirmed (1) An intelligence warrant issued under section 71 is revoked by the operation of law 48 hours after its issue unless, before the expiry of that period, the appli‐ cant has made an application under section 55 for the issue of a Type 1 intelli‐ gence warrant.
(2) On an application made under section 55, the authorising Minister and a Com‐ missioner of Intelligence Warrants may— (a) confirm the urgent intelligence warrant, and that warrant must then be treated as a Type 1 intelligence warrant issued under section 58 or 59 (as the case may be) on the date on which the urgent intelligence warrant was issued; or (b) revoke the intelligence warrant issued under section 71.
75 Intelligence warrant issued under section 72 revoked unless confirmed (1) An intelligence warrant issued under section 72 is revoked by the operation of law 48 hours after its issue unless, before the expiry of that period, the appli‐ cant has made an application under section 55 for the issue of a Type 2 intelli‐ gence warrant.
(2) On an application made under section 55, the authorising Minister may— (a) confirm the urgent intelligence warrant, and that warrant must then be treated as a Type 2 intelligence warrant issued under section 60 on the date on which the urgent intelligence warrant was issued; or (b) revoke the intelligence warrant issued under section 72.
Information to be destroyed if intelligence warrant issued under section 71 or 72 revoked If an intelligence warrant issued under section 71 is revoked under section 74(1), all information obtained under that warrant must be destroyed as soon as practicable.

If an intelligence warrant issued under section 72 is revoked under section 75(1), all information obtained under that warrant must be destroyed as soon as practicable.
Subsections (1) and (2) do not apply to any incidentally obtained information that may be retained under section 104.

76 (1) (2) (3) 58 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 79 77 Intelligence warrants issued under section 71 or 72 to be referred to Inspector-General An intelligence warrant issued under section 71 or 72 must be referred as soon as practicable after issue to the Inspector-General for review.
Authorisations by Director-General of intelligence and security agency 78 Very urgent authorisations by Director-General of intelligence and security agency (1) This section applies if— (a) (b) an application for the urgent issue of an intelligence warrant would otherwise need to be made; but the delay in making that application would defeat the purpose of obtain‐ ing the warrant.
(2) The Director-General of an intelligence and security agency may authorise the carrying out of an otherwise unlawful activity for which— (a) (b) a Type 1 intelligence warrant is required; or a Type 2 intelligence warrant is required.

(3) (4) 79 Before giving an authorisation under subsection (2)(a), the Director-General of an intelligence and security agency must be satisfied of the matters in section 58 or 59.
Before giving an authorisation under subsection (2)(b), the Director-General of an intelligence and security agency must be satisfied of the matters in section 60.
Authorisation given under section 78(2)(a) effective as Type 1 intelligence warrant (1) An authorisation given under section 78(2)(a) is effective as if it were a Type 1 intelligence warrant, but the Director-General of an intelligence and security agency must— (a) immediately notify— (i) (ii) the authorising Minister; and the Chief Commissioner of Intelligence Warrants; and (b) within 24 hours after giving the authorisation, make an application under section 55 for the issue of a Type 1 intelligence warrant.
(2) An authorisation given under section 78(2)(a) is revoked by the operation of law 24 hours after it is given unless, before the expiry of that period, an appli‐ cation under section 55 is made.

(3) The authorising Minister or the Chief Commissioner of Intelligence Warrants may, at any time before an application made under section 55 is determined, revoke an authorisation given under section 78(2)(a).
59 Part 4 s 80 Intelligence and Security Act 2017 Version as at 24 June 2023 (4) 80 If a Type 1 intelligence warrant is not issued in respect of the unlawful activity authorised by the Director-General, the authorisation is revoked.
Authorisation given under section 78(2)(b) effective as Type 2 intelligence warrant (1) An authorisation given under section 78(2)(b) is effective as if it were a Type 2 intelligence warrant, but the Director-General of an intelligence and security agency must— (a) notify the authorising Minister; and (b) within 24 hours after giving the authorisation, make an application under section 55 for the issue of a Type 2 intelligence warrant.
(2) An authorisation given under section 78(2)(b) is revoked by the operation of law 24 hours after it is given unless, before the expiry of that period, an appli‐ cation under section 55 is made.

(3) (4) 81 (1) (2) The authorising Minister may, at any time before an application made under section 55 is determined, revoke an authorisation given under section 78(2)(b).
If a Type 2 intelligence warrant is not issued in respect of the unlawful activity authorised by the Director-General, the authorisation is revoked.

Information to be destroyed if authorisation given under section 78 revoked If an authorisation given under section 78(2)(a) or (b) is revoked, all informa‐ tion obtained under that authorisation must be destroyed as soon as practicable.

Subsection (1) does not apply to any incidentally obtained information that may be retained under section 104.
82 Authorisations given under section 78 to be referred to Inspector-General An authorisation given under section 78 must be referred as soon as practicable after it is given to the Inspector-General for review.

Register of intelligence warrants Register of intelligence warrants The Director-General of an intelligence and security agency must keep a regis‐ ter of intelligence warrants issued to him or her.
The following information must be entered in the register in relation to every intelligence warrant: (a) (b) (c) the type of warrant issued; and the particular activity or activities authorised to be carried out; and any restrictions or conditions to which the intelligence warrant is sub‐ ject; and 83 (1) (2) 60 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 85 (d) (e) the term during which the intelligence warrant is valid; and the date on which the intelligence warrant was issued.
(3) The Director-General of an intelligence and security agency must also keep, in conjunction with the register,— (a) (b) a copy of every application made for an intelligence warrant; and a record of any information provided by, or a copy of any document received from, the Minister of Foreign Affairs in the course of any con‐ sultation under section 63; and (c) the original of every intelligence warrant issued.
(4) All information required to be kept under this section by the Director-General of an intelligence and security agency may be accessed at any time by— (a) (b) the Minister responsible for the intelligence and security agency: the Chief Commissioner of Intelligence Warrants, in relation to Type 1 intelligence warrants: (c) the Inspector-General.
Compare: 2003 No 9 s 19 Amendment and revocation of intelligence warrants 84 (1) Amendment and revocation of intelligence warrants The authorising Minister and a Commissioner of Intelligence Warrants may— (a) (b) at any time amend or revoke a Type 1 intelligence warrant; and direct that all or any specified information obtained under the warrant before it was amended or revoked be destroyed.
(2) The authorising Minister may— (a) (b) at any time amend or revoke a Type 2 intelligence warrant; and direct that all or any specified information obtained under the warrant before it was amended or revoked be destroyed.
Subpart 2—Removal warrants 85 (1) (2) Issue of removal warrant to retrieve previously installed devices This section applies if any device or equipment that has been installed in accordance with an intelligence warrant issued to the Director-General of an intelligence and security agency (the original intelligence warrant) remains in a place or thing after the original intelligence warrant has ceased to be in force.
The Director-General of Security may make a written application to the Minis‐ ter responsible for the New Zealand Security Intelligence Service for the issue of a removal warrant authorising the removal of the device or equipment.

61 Part 4 s 86 Intelligence and Security Act 2017 Version as at 24 June 2023 (3) A removal warrant may be issued to the Director-General of Security if the Minister responsible for that agency is satisfied that the issue of the warrant is necessary.
(4) A removal warrant must specify a period not exceeding 12 months during which it is valid.
Compare: 1969 No 24 s 4I(1), (3) 86 Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases The Minister responsible for an intelligence and security agency making an application under section 85 must consult the Minister of Foreign Affairs before issuing a removal warrant if that warrant is likely to have implications for— (a) New Zealand’s foreign policy; or (b) New Zealand’s international relations.
87 Powers of New Zealand Security Intelligence Service acting under removal warrant The Director-General of Security, or an employee of the New Zealand Security Intelligence Service authorised by the Director-General for that purpose, may exercise any of the following powers to give effect to the removal warrant: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) enter the place, vehicle, or thing that the device or equipment to be removed under the warrant is in or on: take possession of any vehicle or thing that the device or equipment to be removed under the warrant is in or on: search any place, vehicle, or thing that the device or equipment to be removed under the warrant is in or on: remove a tracking device: open (by any means) or interfere with a vehicle, container, receptacle, or other thing: bring into and use in or on a place, vehicle, or other thing referred to in any of paragraphs (a) to (c) any equipment: use any equipment found in or on a place, vehicle, or thing referred to in any of paragraphs (a) to (c): extract and use, in the course of giving effect to the removal warrant, any electricity from a place or thing: use any force in respect of any property or thing that is reasonable for the purpose of giving effect to the removal warrant: do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the war‐ 62 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 92 rant and to keep the activities of the intelligence and security agency covert: (k) do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.
Compare: 1969 No 24 s 4I(2) Subpart 3—Practice warrants 88 Types of practice warrant There are 2 types of practice warrants, as follows: (a) (b) testing warrants: training warrants.

89 Testing warrant A testing warrant authorises an intelligence and security agency to carry out an otherwise unlawful activity that is necessary to test, maintain, or develop the capability of the agency in relation to the performance of its statutory func‐ tions.
90 Training warrant A training warrant authorises an intelligence and security agency to carry out an otherwise unlawful activity that is necessary to train employees in relation to the performance of the agency’s statutory functions.
91 Application for issue of practice warrant (1) An application for a practice warrant must be made in writing by the Director- General of an intelligence and security agency to— (a) (b) the Minister responsible for the intelligence and security agency; and the Chief Commissioner of Intelligence Warrants.
(2) An application for the issue of a practice warrant must set out— (a) (b) (c) (d) the type of practice warrant applied for; and details of the activity proposed to be carried out under the practice war‐ rant; and the purpose of the proposed activity; and the reasons why the criteria for issuing the practice warrant set out in section 92 are believed to be satisfied.
92 Criteria for issue of practice warrant The criteria for the issue of a practice warrant are— (a) the carrying out of the otherwise unlawful activity (the proposed activ‐ ity) by an intelligence and security agency is reasonably necessary to 63 Part 4 s 93 Intelligence and Security Act 2017 Version as at 24 June 2023 ensure that the agency will be able to competently perform its statutory functions in the future; and the proposed activity is proportionate to the purpose for which it is to be carried out; and the purpose of the proposed activity cannot reasonably be achieved by a less intrusive means; and (b) (c) (d) there are satisfactory arrangements in place to ensure that— (i) (ii) (iii) all reasonably practicable steps will be taken to minimise the impact of the proposed activity on any members of the public; and nothing will be done in reliance on the practice warrant beyond what is necessary and reasonable to achieve the purpose of the proposed activity; and any information obtained in reliance on the practice warrant will be retained only for so long as is necessary to achieve the purpose of the proposed activity.
93 Issue of practice warrant (1) A practice warrant is issued to the Director-General of an intelligence and security agency.

(2) A practice warrant is issued jointly by— (a) (b) the Minister responsible for the intelligence and security agency; and a Commissioner of Intelligence Warrants.
94 Minister of Foreign Affairs to be consulted in relation to issue of practice warrants in certain cases The Minister responsible for an intelligence and security agency making an application under section 91 must consult the Minister of Foreign Affairs before a practice warrant is issued authorising any activity that is likely to have implications for— (a) New Zealand’s foreign policy; or (b) New Zealand’s international relations.
95 Practice warrants may be issued subject to restrictions or conditions A practice warrant may be issued subject to any restrictions or conditions that are considered desirable in the public interest.

96 Term of practice warrant (1) A practice warrant must specify a period not exceeding 12 months during which it is valid.

The expiry of a practice warrant does not prevent a further application for a practice warrant in relation to the same activity.
(2) 64 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 101 97 Matters to be stated in practice warrant A practice warrant must state— (a) (b) (c) (d) (e) (f) the type of warrant issued; and the Director-General to whom the warrant is issued; and the activity authorised to be carried out; and any restrictions or conditions imposed under section 95; and the term of the warrant; and the date on which the warrant was issued.
98 Authorised activities A practice warrant may authorise the carrying out of 1 or more of the activities specified in section 67(1)(a) to (f) that would otherwise be unlawful.
99 (1) Powers of New Zealand Security Intelligence Service acting under practice warrant The Director-General of the New Zealand Security Intelligence Service, or an employee of that intelligence and security agency authorised by the Director- General for that purpose, may exercise any of the powers in section 68(1)(b) to (l) to give effect to a practice warrant.

(2) Subsection (1) applies subject to any restrictions or conditions imposed under section 95 stated in the practice warrant.
100 Powers of Government Communications Security Bureau acting under practice warrant (1) The Director-General of the Government Communications Security Bureau, or an employee of that intelligence and security agency authorised by the Director-General for that purpose, may exercise any of the powers in section 69 to give effect to a practice warrant.

(2) Subsection (1) applies subject to any restrictions or conditions imposed under section 95 stated in the practice warrant.
101 Report on practice warrant activities As soon as practicable after the expiry or revocation of a practice warrant, the Director-General of an intelligence and security agency must provide details of all authorised activities carried out under the warrant to— (a) (b) the Minister responsible for the intelligence and security agency; and the Inspector-General.
65 Part 4 s 102 Intelligence and Security Act 2017 Version as at 24 June 2023 Subpart 4—Unauthorised, irrelevant, and incidentally obtained information 102 Destruction of unauthorised information (1) In this section, unauthorised information means— (a) information unintentionally obtained that is outside the scope of— (i) (ii) an authorisation; or an authorised activity; or (b) information obtained during the provision of co-operation, advice, and assistance under section 14 that could otherwise only be obtained during the carrying out of an authorised activity.
(2) Unauthorised information must be destroyed immediately after it is obtained unless,— (a) on an application that is made as soon as practicable, an intelligence warrant is issued authorising collection of the information; or (b) section 104 applies.
103 Destruction of irrelevant information (1) In this section, irrelevant information means information that— (a) (b) is obtained by an intelligence and security agency within the scope of an authorised activity; but is not required, or is no longer required, by the agency for the perform‐ ance of its functions.

Irrelevant information must be destroyed as soon as practicable.
Subsection (2) is subject to— (a) (b) any enactment requiring the retention of the information; or any order of a court that imposes a prohibition on the destruction of the information.
(2) (3) 104 Retention of incidentally obtained information (1) The Director-General of an intelligence and security agency may retain any incidentally obtained information that comes into the possession of the agency only for the purpose of disclosing it to a person specified in subsection (2) in the circumstances specified in subsection (3).
(2) The persons are— any employee of the New Zealand Police: any member of the New Zealand Defence Force: any public authority (whether in New Zealand or overseas) that the Director-General considers should receive the information.
(a) (b) (c) 66 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 106 (3) The circumstances are that the Director-General has reasonable grounds to believe that the disclosure of the information to a person specified in subsec‐ tion (2) may assist in— (a) (b) (c) (d) preventing or detecting serious crime in New Zealand or any other coun‐ try: preventing or responding to threats to the life of any person in New Zea‐ land or any other country: identifying, preventing, or responding to threats or potential threats to the security or defence of New Zealand or any other country: preventing the death of any person who is outside the territorial jurisdic‐ tion of any country.
Compare: 2003 No 9 s 25 Return of physical items seized 105 Physical items seized to be returned after search or analysis (1) A physical item seized under an intelligence warrant may be retained by an intelligence and security agency only for as long as is reasonably necessary to enable the agency to conduct a search or analysis of the item.

(2) The physical item must then be returned to— (a) (b) the place from which it was seized; or the person from whom it was seized.
(3) However, subsection (2) does not apply if— (a) (b) (c) the return of the item would undermine the ability of the agency to main‐ tain the secrecy of the search and seizure; or the person from whom the item was seized was not lawfully entitled to possession of the item; or the item was unlawfully in the place from which it was seized or was being used unlawfully in the place from which it was seized; or (d) the person from whom the item was seized cannot be found.
Subpart 5—Offences and immunities 106 Offence to provide false or misleading information (1) A Director-General of an intelligence and security agency or an employee of an intelligence and security agency who makes a warrant application that contains any false or misleading information commits an offence and is liable on con‐ viction to imprisonment for a term not exceeding 1 year.
(2) It is a defence to a charge under subsection (1) that the Director-General of an intelligence and security agency to whom the charge relates did not know that he or she was providing false or misleading information and had exercised all 67 Part 4 s 107 Intelligence and Security Act 2017 Version as at 24 June 2023 reasonable care and due diligence to ensure that the information provided was not false or misleading.
(3) In this section, warrant application means an application for the issue of any of the following: (a) (b) (c) an intelligence warrant (including the urgent issue of an intelligence warrant): a removal warrant: a practice warrant.

107 Failure to destroy information A person commits an offence and is liable on conviction to a fine not exceed‐ ing $10,000 if the person knowingly fails to comply with— (a) (b) (c) section 76: section 81: section 102.
Compare: 1969 No 24 ss 4G(3), 4IB(11), 4IE(11); 2003 No 9 s 23(2) 108 Unlawful use or disclosure of information (1) A person carrying out an authorised activity must not, other than in the per‐ formance or exercise of the person’s functions, duties, or powers or with the consent of the relevant Minister,— (a) (b) (c) disclose to any other person that the activity is an authorised activity; or use any information obtained from the carrying out of the authorised activity; or disclose to any other person any information obtained from the carrying out of the authorised activity.
(2) A person who contravenes this section commits an offence and is liable on con‐ viction to a fine not exceeding $10,000.

(3) In this section, relevant Minister means the Minister responsible for the intel‐ ligence and security agency authorised to carry out the activity.
Compare: 1969 No 24 s 12A(1), (2), (4) 109 Unlawful disclosure of acquired information (1) A person who acquires knowledge of any information knowing that it was gained from the carrying out of an authorised activity must not knowingly dis‐ close that information otherwise than in the performance or exercise of his or her functions, duties, or powers.

(2) A person who contravenes this section commits an offence and is liable on con‐ viction to a fine not exceeding $10,000.
Compare: 1969 No 24 s 12A(3), (4) 68 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 4 s 112 110 (1) Immunities from criminal liability in relation to obtaining intelligence warrant The Director-General of an intelligence and security agency and an employee of an intelligence and security agency are immune from criminal liability for any act done in good faith to obtain an intelligence warrant if— (a) the Director-General or employee reasonably believed that the act was necessary to obtain the warrant; and (b) the carrying out of the activity was done in a reasonable manner.
(2) Subsection (1) applies even if the intelligence warrant is subsequently— (a) (b) revoked; or determined to have been invalidly issued or given.

Subsection (2)(b) is to avoid doubt.

Subsection (1) does not apply if the Director-General or employee is charged with an offence under section 106.
Immunities from criminal liability in relation to carrying out authorised activity (3) (4) 111 (1) A person is immune from criminal liability for any act done in good faith in carrying out an authorised activity if— (a) the person reasonably believed that doing the act was necessary to carry out the activity; and (b) the activity was carried out in a reasonable manner.
(2) Subsection (1) applies even if the authorisation is subsequently— (a) (b) revoked; or determined to have been invalidly issued or given.

(3) Subsection (2)(b) is to avoid doubt.

Subpart 6—Commissioners of Intelligence Warrants 112 Appointment of Commissioners (1) (2) (3) The Governor-General must, on the recommendation of the Prime Minister, appoint up to 3 persons as Commissioners of Intelligence Warrants.
The Governor-General must, on the recommendation of the Prime Minister, appoint 1 Commissioner of Intelligence Warrants as the Chief Commissioner of Intelligence Warrants.

Before recommending an appointment under this section, the Prime Minister must— (a) consult the Leader of the Opposition about the proposed appointment; and 69 Part 4 s 113 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) advise the Governor-General that the Leader of the Opposition has been consulted.
Compare: 1969 No 24 s 5A(1), (2) 113 Eligibility for appointment A person may be appointed a Commissioner of Intelligence Warrants only if that person has previously held office as a Judge of the High Court.
Compare: 1969 No 24 s 5A(3) 114 Functions of Commissioners The functions of a Commissioner of Intelligence Warrants are— (a) (b) (c) (d) (e) (f) (g) (h) (i) to advise the authorising Minister on applications under section 55 for Type 1 intelligence warrants: to consider with the authorising Minister applications under section 55 for Type 1 intelligence warrants: to deliberate with the authorising Minister on applications under section 55 for Type 1 intelligence warrants: to issue Type 1 intelligence warrants under section 58 or 59 jointly with the authorising Minister: to consider with the authorising Minister applications made under sec‐ tion 136 seeking permission to access restricted information: to consider with the responsible Minister applications made under sec‐ tion 145 for an approval to obtain business records: to conduct reviews under section 56 of the Telecommunications (Inter‐ ception Capability and Security) Act 2013 relating to significant network security risks: to conduct reviews under section 27GF of the Passports Act 1992 relat‐ ing to decisions to refuse to issue, or to cancel or retain possession of, a New Zealand travel document: to perform any other functions conferred or imposed on a Commissioner of Intelligence Warrants by or under this Act or any other enactment.
Compare: 1969 No 24 s 5A(5)(a)–(d), (g) 115 Additional functions of Chief Commissioner of Intelligence Warrants The Chief Commissioner of Intelligence Warrants has the following additional functions: (a) (b) (c) to be the central point of contact for all communications with the Com‐ missioners of Intelligence Warrants: to receive all applications for a Type 1 intelligence warrant: to allocate an application for a Type 1 intelligence warrant to himself or herself or to another Commissioner of Intelligence Warrants: 70 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 118 (d) (e) (f) (g) (h) to receive notice under section 71(3)(a) of the issue of a Type 1 intelli‐ gence warrant by the authorising Minister and consider whether to revoke it: to receive notice under section 79(1)(a) of an authorisation given under section 78(2)(a) and consider whether to revoke it: to receive all applications for an approval under section 145: to allocate an application for an approval under section 145 to himself or herself or to another Commissioner of Intelligence Warrants for consid‐ eration: to perform any other functions conferred or imposed on the Chief Com‐ missioner of Intelligence Warrants by or under this Act or any other enactment.
116 Delegation of functions of Chief Commissioner of Intelligence Warrants (1) The Chief Commissioner of Intelligence Warrants (the Chief Commissioner) must ensure that an appropriate delegation is at all times in place under this section to enable another Commissioner of Intelligence Warrants (a delegate) to act in place of the Chief Commissioner during— (a) (b) any absence or incapacity of the Chief Commissioner; or any vacancy in the office of the Chief Commissioner.
(2) A delegation under this section— (a) must be in writing; and (b) is revocable at any time, by notice in writing.

(3) A delegate may perform the functions of the Chief Commissioner in the same manner and with the same effect as if those functions had been conferred directly on him or her by this Act.

(4) A delegate who purports to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the delegation.
(5) A delegation, until it is revoked, continues to have effect even if the Chief Commissioner by whom it was made ceases to hold office.

117 Administrative provisions relating to Commissioners Part 1 of Schedule 3 applies in relation to the Commissioners of Intelligence Warrants.
Part 5 Accessing information held by other agencies 118 Interpretation In this Part, unless the context otherwise requires,— 71 Part 5 s 119 Intelligence and Security Act 2017 Version as at 24 June 2023 agency— (a) means any person, whether in the public sector or the private sector; and (b) includes a department and an interdepartmental venture database— (a) means the information recording system or facility used by a holder agency to store information; and (b) includes any system for transferring or processing information into or out of, or within, that information recording system or facility direct access, in relation to a database, means to do either or both of the fol‐ lowing (whether remotely or otherwise): (a) (b) search the database: copy any information stored on the database (including by previewing, cloning, or other forensic methods) holder agency means an agency specified in the third column of the table in Schedule 2 information means personal information and non-personal information non-personal information means information that is not personal information personal information means information about an identifiable individual responsible Minister,— (a) in relation to an intelligence and security agency, means the Minister responsible for the intelligence and security agency; and (b) in relation to the intelligence and security agencies, means— (i) (ii) the Minister responsible for the intelligence and security agencies, if the same Minister is responsible for each agency; and the Ministers responsible for the intelligence and security agen‐ cies, if a different Minister is responsible for each agency.
Section 118 agency paragraph (b): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

119 Relationship between this Part and other law relating to information disclosure This Part does not limit the collection, use, or disclosure of personal informa‐ tion that— (a) (b) is authorised or required by or under any enactment; or is permitted by the information privacy principles set out in section 22 of the Privacy Act 2020.
Section 119(b): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
72 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 122 Subpart 1—Request and disclosure of information 120 Purpose of subpart The purpose of this subpart is— (a) to recognise— (i) (ii) the existing ability of an intelligence and security agency to request information held by other agencies; and the existing ability of an agency to disclose information that it holds to an intelligence and security agency; but (b) not to confer on an agency any legal right or obligation.
121 Requests for information (1) The Director-General of an intelligence and security agency may request infor‐ mation from any other agency if the Director-General believes on reasonable grounds that the information is necessary to enable the intelligence and security agency to perform any of its functions.

(2) A request must— (a) (b) provide details of the information requested; and confirm that the information is necessary to enable the intelligence and security agency to perform any of its functions.
122 Disclosure of information to intelligence and security agency (1) An agency may disclose to an intelligence and security agency any information that it holds or controls if it believes on reasonable grounds that the disclosure of information is necessary to enable the intelligence and security agency to perform any of its functions.

(2) An agency may disclose the information— (a) (b) on the request of an intelligence and security agency; or on its own initiative.
(3) For the purpose of enabling an agency to decide whether to disclose any infor‐ mation under subsection (1) (including the application of section 22 of the Pri‐ vacy Act 2020), the Director-General of an intelligence and security agency may certify that he or she believes on reasonable grounds that the disclosure of the information is necessary for the performance of any of the agency’s func‐ tions.
(4) This section is subject to— (a) a provision contained in any other enactment that— (i) prohibits or restricts the disclosure of the information to an intelli‐ gence and security agency; or 73 Part 5 s 123 Intelligence and Security Act 2017 Version as at 24 June 2023 (ii) regulates the manner in which the information may be obtained or made available to an intelligence and security agency; and (b) a provision contained in any contract, agreement, or other document relating to the disclosure of the information; and (c) any obligation of confidence.
Section 122(3): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Register of section 122 certificates 123 Register of section 122 certificates (1) The Director-General of an intelligence and security agency must keep a regis‐ ter of all certificates issued by him or her under section 122(3) (a section 122 certificate).
(2) The register must include, for each section 122 certificate issued, details of— (a) (b) (c) (d) the date on which the certificate was issued; and the agency to which the certificate was issued; and the information to which the certificate relates; and the circumstances in which the certificate was issued.

(3) The register may be accessed at any time by— (a) (b) the Minister responsible for the intelligence and security agency: the Inspector-General.
Subpart 2—Direct access to database information 124 Purpose of subpart The purpose of this subpart is to enable an intelligence and security agency to have direct access to databases storing specified public sector information.
125 Direct access to certain information (1) An intelligence and security agency specified in the first column of Schedule 2 may have direct access to the information specified in the second column of Schedule 2 that is opposite its name and held by the holder agency specified in the third column of Schedule 2.
(2) However, that access must be in accordance with a written direct access agree‐ ment entered into between— (a) (b) the Minister responsible for the holder agency; and the Minister responsible for the intelligence and security agency.
74 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 129 126 Matters to which Ministers must have regard before entering into direct access agreement Before entering into a direct access agreement, the Ministers referred to in sec‐ tion 125(2) must be satisfied that— (a) (b) direct access to the information is necessary to enable the intelligence and security agency to perform any of its functions; and there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are suffi‐ cient; and (c) the agreement will include appropriate procedures for direct access, use, disclosure, and retention of the information.
127 Consultation with Privacy Commissioner before entering into direct access agreement (1) Before entering into a direct access agreement, the Ministers referred to in sec‐ tion 125(2) must consult with, and invite comment from, the Privacy Commis‐ sioner on the proposed agreement.
(2) When consulted on a direct access agreement, the Privacy Commissioner must have particular regard to the matters that the Ministers need to be satisfied of before entering into the agreement that are specified in section 126(b) and (c).

(3) The Ministers must have regard to any comments received from the Privacy Commissioner on the proposed agreement.
128 Consultation with Inspector-General before entering into direct access agreement (1) (2) Before entering into a direct access agreement, the Ministers referred to in sec‐ tion 125(2) must also consult with, and invite comment from, the Inspector- General on the proposed agreement.

The Ministers must have regard to any comments received from the Inspector- General on the proposed agreement.
129 Content of direct access agreements An agreement must specify— (a) (b) (c) (d) the database or databases that may be accessed: the particular information that may be accessed: the particular purpose or purposes for which the information may be accessed: the particular function, duty, or power being, or to be, performed or exer‐ cised by the intelligence and security agency for which the information is required: 75 Part 5 s 130 Intelligence and Security Act 2017 Version as at 24 June 2023 (e) (f) (g) (h) (i) (j) (k) the mechanism by which the information is to be accessed: the position held by the person or persons in the intelligence and security agency who may access the information: the records to be kept in relation to each occasion on which a database is accessed: the safeguards that are to be applied for protecting particular information (for example, personal information or information that is commercially sensitive): the requirements relating to storage, retention, and disposal of informa‐ tion obtained from the database or databases: the circumstances (if any) in which the information may be disclosed to another agency (whether in New Zealand or overseas), and how that dis‐ closure may be made: the apportionment of the costs incurred by the holder agency and the intelligence and security agency under the agreement.
130 Variation of direct access agreement Sections 126, 127, and 128 apply with any necessary modifications in respect of a proposal to enter into an agreement varying a direct access agreement.

131 Publication of direct access agreements (1) An agreement, and all variations to the agreement, must be published on— (a) (b) an Internet site maintained by or on behalf of the holder agency; and an Internet site maintained by or on behalf of the relevant intelligence and security agency.
(2) However, subsection (1) does not apply to— (a) (b) an agreement or a variation of an agreement that may be withheld on a request under the Official Information Act 1982: a provision of an agreement or a variation of an agreement that may be withheld on a request under the Official Information Act 1982.
(3) If, in reliance on subsection (2)(a), an agreement or a variation of an agreement is not published, a summary of the agreement or variation of an agreement must be published on— (a) (b) an Internet site maintained by or on behalf of the holder agency; and an Internet site maintained by or on behalf of the relevant intelligence and security agency.

132 Review of agreements (1) The Ministers who have entered into an agreement must review the agreement every 3 years.
76 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 135 (2) In conducting a review, the Ministers must— (a) consult— (i) (ii) the Privacy Commissioner; and the Inspector-General; and (b) have regard to any comments received from— (i) (ii) the Privacy Commissioner; and the Inspector-General.
133 Relationship between subpart and other law This subpart does not prevent or limit any disclosure of information that may be required or authorised by or under— (a) (b) any other provision of this Act; or any other enactment.

Subpart 3—Access to restricted information 134 Purpose of subpart The purpose of this subpart is to enable an intelligence and security agency to access restricted information.
135 Meaning of restricted information In this subpart, restricted information means— (a) (b) (c) (d) information that a revenue officer must keep confidential under section 18(1) of the Tax Administration Act 1994: information relating to national student numbers assigned by the Secre‐ tary of Education under clause 3 of Schedule 24 of the Education and Training Act 2020 to students enrolled with a tertiary education pro‐ vider: information relating to an adoption held by the Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021: photographic images used for driver licences that are stored under sec‐ tion 28(5) of the Land Transport Act 1998.
Section 135(a): replaced, on 18 March 2019, by section 366 of the Taxation (Annual Rates for 2018– 19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).

Section 135(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 135(c): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
77 Part 5 s 136 Intelligence and Security Act 2017 Version as at 24 June 2023 136 Application for permission to access restricted information (1) The Director-General of an intelligence and security agency seeking access to restricted information in relation to a person must apply for permission.
(2) An application for permission must be made to— (a) the responsible Minister and the Chief Commissioner of Intelligence Warrants, if the person is— (i) (ii) a New Zealand citizen; or a permanent resident of New Zealand; or (b) the responsible Minister, if the person is not— (i) (ii) a New Zealand citizen; or a permanent resident of New Zealand.

(3) An application must state the particular restricted information to which access is sought.
137 Permission to access restricted information granted on application made under section 136(2)(a) The responsible Minister and a Commissioner of Intelligence Warrants may grant an application made under section 136(2)(a) and permit access to speci‐ fied restricted information if they are satisfied— (a) that— (i) access to the restricted information is necessary to contribute to the protection of national security and to assist in protecting against any of the harms specified in section 58(2); and (ii) the further criteria in section 139 are met; or (b) that— (i) (ii) access to the restricted information will contribute to achieving the objective in section 9(b) or (c); and there are reasonable grounds to suspect that the person referred to in section 136(2)(a) is acting, or purporting to act, for or on behalf of— (A) (B) (C) a foreign person; or a foreign organisation; or a designated terrorist entity; and (iii) the further criteria in section 139 are met.
78 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 142 138 Permission to access restricted information granted on application made under section 136(2)(b) The responsible Minister may grant an application made under section 136(2)(b) and permit access to specified restricted information if the respon‐ sible Minister is satisfied that— (a) access to the restricted information— (i) is necessary to contribute to the protection of national security; or (ii) will contribute to— (A) the international relations and well-being of New Zealand; or (B) the economic well-being of New Zealand; and (b) the further criteria in section 139 are met.
139 Further criteria for permitting access to restricted information The further criteria for permitting access to restricted information referred to in sections 137 and 138 are that— (a) (b) access to the restricted information is necessary for the purpose of enabling the intelligence and security agency to perform a function under section 10 or 11; and the privacy impact of permitting access is proportionate to that purpose; and (c) the restricted information cannot be accessed by any other means.
140 Permission must specify restricted information that may be accessed A permission given under section 137 or 138 must specify the particular restricted information that the intelligence and security agency may access.
141 Access to restricted information must be provided if permitted An agency must provide to the Director-General of an intelligence and security agency named in the permission access to any restricted information specified in the permission if that information is held by or is within the control of that agency.
142 Use, retention, and disclosure of restricted information Restricted information accessed by an intelligence and security agency may be used, retained, and disclosed by the intelligence and security agency only in the performance of its functions.
79 Part 5 s 143 Intelligence and Security Act 2017 Version as at 24 June 2023 Subpart 4—Obtaining business records of telecommunications network operators and financial service providers 143 Purpose of subpart The purpose of this subpart is to enable an intelligence and security agency to obtain business records of telecommunications network operators and financial service providers.
144 Interpretation In this subpart, unless the context otherwise requires,— approval means an approval given under section 147 to obtain business records from business agencies business agencies means— (a) (b) telecommunications network operators: financial service providers business records means,— (a) in relation to a business agency that is a telecommunications network operator, all information in the possession or under the control of the telecommunications network operator that is generated or received in the course of the operator’s business,— (i) including— (A) (B) (C) (D) (E) (F) (G) customer information (for example, names and contact details): subscriber information (for example, names and contact details): bank account number details: credit card number details: IP addresses: billing information and records: call associated data (within the meaning of section 3 of the Telecommunications (Interception Capability and Security) Act 2013): (H) device-related information: (I) (J) (K) details of mobile data usage: information on linked accounts: details of any persons communicating with the network operator; but (ii) excluding— 80 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 144 (A) (B) (C) (D) personal employees and directors: information about the network operator’s the content of telecommunications: any information relating to the business operations of the network operator (including finances, budgets, plans, and strategies): the content of any other communications or files held by the network operator in providing any service to a customer (for example, cloud storage servers or insurance): (E) web browsing history: (b) in relation to a business agency that is a financial service provider, all information in the possession or under the control of the financial ser‐ vice provider that is generated or received in the course of the provider’s business,— (i) including— (A) (B) (C) (D) (E) customer information (for example, names and contact details): bank account number details:
 credit card number details: statement and account information: transaction information and other information related to a specific account; but (ii) excluding— (A) (B) (C) (D) personal information about the provider’s employees and directors: the content of communications: any information relating to the business operations of the financial service provider (including finances, budgets, plans, and strategies): the content of any other communications or files held by the financial service provider in providing any service to a customer (for example, cloud storage servers or insurance) business records direction means a direction issued under section 150 financial service provider has the meaning given to it by section 4 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 telecommunication has the meaning given to it by section 3 of the Telecom‐ munications (Interception Capability and Security) Act 2013 81 Part 5 s 145 Intelligence and Security Act 2017 Version as at 24 June 2023 telecommunications network operator means a network operator as defined in section 3 of the Telecommunications (Interception Capability and Security) Act 2013.
Section 144 business records paragraph (a)(i)(G): amended, on 13 November 2018, by section 40 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).

Section 144 telecommunication: replaced, on 13 November 2018, by section 40 of the Telecom‐ munications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
Section 144 telecommunications network operator: amended, on 13 November 2018, by section 40 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).

Approval to obtain business records 145 Application for approval to obtain business records (1) The Director-General of an intelligence and security agency may apply for an approval to obtain business records from business agencies under business records directions.
(2) An application for an approval must be made to— (a) (b) the responsible Minister; and the Chief Commissioner of Intelligence Warrants.
(3) An application must be in writing and state— (a) (b) (c) (d) the circumstances giving rise to the need to rely on the approval to issue business records directions to obtain business records; and the business records or class of business records sought to be obtained under each business records direction issued under the approval (includ‐ ing, to avoid doubt, the time period to which those records or classes of records relate); and the function under section 10, 11, or 14 that the intelligence and security agency would be performing in those circumstances; and that applying for an intelligence warrant to obtain the business records is likely to be impractical in those circumstances, or the reason why it would otherwise not be appropriate in those circumstances to apply for an intelligence warrant to obtain the business records.
146 Joint application for approval The Director-General of Security and the Director-General of the Government Communications Security Bureau may jointly apply for an approval.

147 Approval to obtain business records (1) An application for an approval to obtain business records from business agen‐ cies is granted jointly by— (a) (b) the responsible Minister; and a Commissioner of Intelligence Warrants.
82 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 148 (2) An application for an approval may be granted to the Director-General of an intelligence and security agency if the responsible Minister and a Commis‐ sioner of Intelligence Warrants are satisfied that— (a) (b) (c) (d) (e) obtaining business records from business agencies in the circumstances stated in the application is necessary to enable the intelligence and secur‐ ity agency to perform a function under section 10, 11, or 14; and the privacy impact of obtaining the business records in those circum‐ stances does not outweigh the importance of performing that function; and it would not be more appropriate for the Director-General to apply for the issue of an intelligence warrant authorising the seizing of the busi‐ ness records; and there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the approval beyond what is necessary and reasonable for the proper performance of a function of an intelligence and security agency; and there are satisfactory arrangements in place to ensure that any informa‐ tion obtained in reliance on the approval will be retained, used, and dis‐ closed only in accordance with this Act or any other enactment.
(3) An approval must state— (a) (b) (c) (d) (e) the Director-General to whom the approval is granted; and the circumstances in which those business records may be obtained from business agencies by the issue of a business records direction under the approval; and the business records or class of business records that the Director- General may obtain from business agencies under a business records direction; and any restrictions or conditions to which the approval is subject; and the date on which the approval was granted.
148 Duration of approval (1) An approval takes effect on the date on which it is granted and expires 6 months after that date.

(2) The Director-General of an intelligence and security agency may, either before or after the date on which an approval expires, apply for a subsequent approval that is the same as the earlier approval.
(3) Despite subsection (1), if an application for a subsequent approval is made before the earlier approval expires, the subsequent approval may take effect from the date on which the earlier approval expires.
83 Part 5 s 149 Intelligence and Security Act 2017 Version as at 24 June 2023 149 Amendment and revocation of approvals The responsible Minister and a Commissioner of Intelligence Warrants may— (a) (b) at any time amend or revoke an approval; and direct that all or any specified business records obtained under the approval before it was amended or revoked be destroyed.
Issue of business records direction 150 Director-General of intelligence and security agency may issue business records direction (1) The Director-General of an intelligence and security agency who has been granted an approval may issue a business records direction in writing to a named business agency requiring that agency to provide to the Director- General copies of— (a) (b) specified business records relating to an identifiable person or thing: any specified class of business records relating to an identifiable person or thing.
(2) A business records direction may be issued by a Director-General only— (a) (b) (c) in respect of business records, or a class of business records, that the Director-General may obtain under a current approval; and in the circumstances stated in the approval; and in accordance with any restrictions or conditions stated in the approval.
(3) Before issuing a business records direction, the Director-General of an intelli‐ gence and security agency must be satisfied that the extent of business records required to be provided under that direction is justified and is no more than is necessary to enable the performance of the agency’s functions.
(4) In this section,— current approval means an approval that has not expired thing includes— (a) a number (for example, a telephone number, bank account number, or credit card number); and (b) an address (for example, an Internet protocol address).
151 Compliance with business records direction (1) A business agency to which a business records direction is issued must comply with the direction not later than 30 days after receiving it, or comply at any later time permitted by the Director-General who issued the request.

(2) A business agency commits an offence if the agency, without reasonable excuse, fails to comply with a business records direction.
84 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 5 s 153 (3) A business agency who commits an offence against subsection (2) is liable on conviction,— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year: (b) in the case of a body corporate, to a fine not exceeding $40,000.

(4) Subsection (1) applies despite the expiry of the approval under which the direc‐ tion was issued.
Compare: 2012 No 24 s 174 152 Business records to be destroyed if not required by intelligence and security agency (1) All business records obtained by a Director-General of an intelligence and security agency under a business records direction must be destroyed as soon as practicable if the records are not required, or are no longer required, by the agency for the performance of its functions.
(2) Subsection (1) is subject to— (a) (b) any enactment requiring the retention of the information contained in the business records; or any order of a court that imposes a prohibition on the destruction of the information contained in the business records.

Register of business records directions 153 Register of business records directions (1) (2) The Director-General of an intelligence and security agency must keep a regis‐ ter of all business records directions issued by him or her.
The register must include, for each business records direction issued, details of— (a) (b) (c) (d) (e) (f) the approval under which the direction was issued; and the date on which the direction was issued; and the business agency to whom the direction was issued; and the circumstances in which the direction was issued; and the function being performed by the intelligence and security agency to which the direction relates; and the business records or class of business records sought to be obtained under the direction; and (g) the date on which the business agency complied with the direction.
(3) The register may be accessed at any time by— (a) (b) the Minister responsible for the intelligence and security agency: the Inspector-General.
85 Part 5 s 154 Intelligence and Security Act 2017 Version as at 24 June 2023 154 Subpart does not create any new obligation to create or maintain records Nothing in this subpart requires a financial service provider or a telecommuni‐ cations network operator to create information or maintain a record of informa‐ tion that would not, apart from this subpart, have been created or maintained.
Relationship with other law 155 Relationship between subpart and other law This subpart does not prevent or limit the disclosure of business records to an intelligence and security agency that may be required, authorised, or permitted by or under— (a) (b) any other provision of this Act; or any other enactment.
Part 6 Oversight of intelligence and security agencies 156 Purpose of Part (1) The purpose of this Part is to provide for the independent oversight of intelli‐ gence and security agencies to ensure that those agencies act with propriety and operate lawfully and effectively.
(2) To achieve this purpose,— (a) the office of the Inspector-General of Intelligence and Security is con‐ tinued, with the Inspector-General having functions, duties, or powers to— (i) (ii) (iii) ensure that the intelligence and security agencies conduct their activities lawfully and with propriety; and ensure that complaints relating to the intelligence and security agencies are independently investigated; and advise the New Zealand Government and the Intelligence and Security Committee on matters relating to the oversight of the agencies: (b) the Intelligence and Security Committee is continued to provide parlia‐ mentary scrutiny of the policies, administration, and expenditure of the intelligence and security agencies.
86 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 158 Subpart 1—Inspector-General of Intelligence and Security Appointment, functions, duties, and powers of Inspector-General 157 Appointment of Inspector-General (1) (2) (3) There continues to be an office called the Inspector-General of Intelligence and Security.

The Inspector-General is appointed by the Governor-General on the recom‐ mendation of the House of Representatives.
Before a recommendation may be made under subsection (2), the Prime Minis‐ ter must— (a) consult the Intelligence and Security Committee about the proposed appointment; and (b) advise the House of Representatives on the outcome of that consultation.

(4) The Inspector-General must hold a government-sponsored security clearance of a level determined by the Prime Minister.
Compare: 1996 No 47 s 5(1)(a), (2) 158 Functions of Inspector-General (1) The functions of the Inspector-General are— (a) to conduct an inquiry into any matter relating to an intelligence and security agency’s compliance with New Zealand law, including human rights law, if that inquiry is requested by— (i) the Minister responsible for the intelligence and security agency; or (ii) the Intelligence and Security Committee: (b) to conduct an inquiry into any matter where it appears that a New Zea‐ land person has been or may be adversely affected by an act, omission, practice, policy, or procedure of an intelligence and security agency, if that inquiry is requested by— (i) the Minister responsible for the intelligence and security agency; or (ii) the Intelligence and Security Committee: (c) to conduct an inquiry into the propriety of particular activities of an intelligence and security agency, if that inquiry is requested by— (i) (ii) (iii) the Minister responsible for the intelligence and security agency; or the Intelligence and Security Committee; or the Prime Minister: 87 Part 6 s 158 Intelligence and Security Act 2017 Version as at 24 June 2023 (d) (e) (f) to conduct an inquiry of the type referred to in paragraph (a), (b), or (c) on the Inspector-General’s own initiative: to deal with complaints received under section 171: to conduct reviews, at intervals of not more than 12 months, of the effectiveness and appropriateness of— (i) (ii) the procedures of each intelligence and security agency to ensure compliance with this Act in relation to the issue and execution of an authorisation; and the compliance systems of each intelligence and security agency for operational activities, including all supporting policies and practices of an intelligence and security agency relating to— (A) (B) (C) (D) administration: information management: risk management: legal compliance generally: (g) (h) to conduct a review, on the Inspector-General’s own initiative, of any activity carried out by an intelligence and security agency
 in the per‐ formance of its function under section 14: to conduct unscheduled audits of the procedures and compliance systems described in paragraph (f): (i) to conduct a review in relation to either or both of the following: (i) (ii) the issue of an authorisation: the carrying out of an authorised activity: (j) to conduct a review in relation to a permission granted under section 137 or 138: (k) to conduct a review in relation to the issue of— (i) (ii) approvals under section 147: business records directions under section 150: (l) (m) to undertake all work programmes published under section 159: to perform any other functions conferred or imposed on the Inspector- General by or under this Act or any other enactment.
(2) In conducting any inquiry or review, the Inspector-General must take into account— (a) (b) any relevant ministerial policy statement; and the extent to which an intelligence and security agency has had regard to that statement.

88 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 161 (3) In this section, authorisation and authorised activity have the meanings given to them by section 47.
Compare: 1996 No 47 s 11(1)(a), (c), (ca), (d), (da), (f), (3) 159 Inspector-General to prepare and publish annual work programme (1) At least 60 days before the beginning of each financial year, the Inspector- General must— (a) (b) prepare a draft proposed work programme for that year; and consult the Ministers on that proposed work programme.

(2) The Inspector-General, after having regard to any comments received from the Ministers, must finalise the annual work programme.
(3) As soon as practicable after the annual work programme is finalised, the Inspector-General— (a) must give a copy to the Ministers; and (b) may publish it on an Internet site maintained by or on behalf of the Inspector-General.

(4) In this section, Ministers means— (a) (b) the Minister responsible for the New Zealand Security Intelligence Ser‐ vice; and the Minister responsible for the Government Communications Security Bureau.
Compare: 1996 No 47 s 11(1)(e) 160 Disclosures to Inspector-General or Deputy Inspector-General (1) (2) This section applies if an employee of an intelligence and security agency brings any matter to the attention of the Inspector-General or Deputy Inspector- General.
The employee must not be subjected by the intelligence and security agency to any penalty or discriminatory treatment of any kind in relation to his or her employment by reason only of having brought the matter to the attention of the Inspector-General or Deputy Inspector-General.

(3) However, subsection (2) does not apply if the Inspector-General determines that the employee did not act in good faith.
Compare: 1996 No 47 ss 5(4), 18 161 Consultation by Inspector-General (1) In carrying out his or her functions, the Inspector-General must have regard to the functions of the Auditor-General in relation to an intelligence and security agency and may consult the Auditor-General about any matter with a view to avoiding inquiries being conducted into that matter by both the Inspector- General and the Auditor-General.
89 Part 6 s 162 Intelligence and Security Act 2017 Version as at 24 June 2023 (2) The Inspector-General may— (a) (b) consult any of the persons specified in subsection (3) about any matter relating to the functions of the Inspector-General; and despite section 218(1), disclose to any of the persons consulted any information that the Inspector-General considers necessary for the pur‐ pose of the consultation.
(3) The persons are— (a) (b) (c) (d) (e) (f) the Auditor-General: an Ombudsman: the Privacy Commissioner: a Human Rights Commissioner: the Independent Police Conduct Authority: the Public Service Commissioner.

(4) Nothing in this section limits the functions, duties, or powers of the Auditor- General, an Ombudsman, the Privacy Commissioner, a Human Rights Com‐ missioner, the Independent Police Conduct Authority, or the Public Service Commissioner under any enactment.
Compare: 1996 No 47 ss 12, 15(3) Section 161(3)(f): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 161(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

162 Jurisdiction of courts and other agencies not affected (1) (2) To avoid doubt, the carrying out of the Inspector-General’s functions does not limit the jurisdiction of any court.
The carrying out by the Inspector-General of his or her functions does not affect the exercise by any Police employee of any powers that the Police employee may lawfully exercise in relation to— (a) (b) an intelligence and security agency; or the Director-General or any employee of an intelligence and security agency.
Compare: 1996 No 47 s 15(1), (2) 163 Reviews relating to authorisations and authorised activities (1) If a review conducted under section 158(1)(i)(i) identifies any irregularity in the issue of an authorisation to an intelligence and security agency (an irregu‐ lar authorisation),— (a) the finding does not— (i) invalidate the authorisation; or 90 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 164 (ii) invalidate any action taken by the intelligence and security agency, or any other person, in reliance on the authorisation or any information obtained under it; or (iii) require any information obtained under the authorisation to be destroyed: (b) the Inspector-General may report the irregular authorisation to— (i) the Minister responsible for the intelligence and security agency and to the Chief Commissioner of Intelligence Warrants, in the case of an authorisation that— (A) (B) is a Type 1 intelligence warrant; or is given under section 78(2)(a); or (ii) the Minister responsible for the intelligence and security agency, in the case of any other kind of authorisation.
(2) If a review conducted under section 158(1)(i)(ii) identifies any irregularity in the carrying out of an authorised activity by an intelligence and security agency (an irregular activity),— (a) the finding does not— (i) invalidate the authorisation that authorised the activity; or (ii) make the activity unlawful; or (iii) require any information obtained during the carrying out of the activity to be destroyed: (b) the Inspector-General may report the irregular activity to— (i) the Minister responsible for the intelligence and security agency and to the Chief Commissioner of Intelligence Warrants, in the case of an activity authorised by— (A) (B) a Type 1 intelligence warrant; or an authorisation given under section 78(2)(a); or (ii) the Minister responsible for the intelligence and security agency, in the case of an activity authorised by any other kind of author‐ isation.
(3) The Inspector-General may include in his or her report under subsection (1)(b) or (2)(b) a recommendation that all or any specified information obtained under an irregular authorisation or as a result of irregular activity be destroyed.

Appointment, functions, duties, and powers of Deputy Inspector-General 164 Appointment of Deputy Inspector-General (1) There continues to be an office called the Deputy Inspector-General of Intelli‐ gence and Security.
91 Part 6 s 165 Intelligence and Security Act 2017 Version as at 24 June 2023 (2) (3) The Deputy Inspector-General is appointed by the Governor-General on the recommendation of the House of Representatives.

Before a recommendation may be made under subsection (2), the Prime Minis‐ ter must— (a) consult the Intelligence and Security Committee about the proposed appointment; and (b) advise the House of Representatives on the outcome of that consultation.
(4) The Deputy Inspector-General must hold a government-sponsored security clearance of a level determined by the Prime Minister.

Compare: 1996 No 47 s 5(1)(b), (2) 165 Functions, duties, and powers of Deputy Inspector-General (1) (2) (3) (4) The Deputy Inspector-General has and may perform or exercise, to the same extent as the Inspector-General, all the functions, duties, and powers of the Inspector-General.
The performance by the Deputy Inspector-General of the Inspector-General’s functions and duties, and the exercise by the Deputy Inspector-General of the Inspector-General’s powers, is subject to the control of the Inspector-General.
If there is a vacancy in the office of the Inspector-General, or if the Inspector- General is absent from duty for any reason, the Deputy Inspector-General has and may perform or exercise all the functions, duties, and powers of the Inspector-General for as long as the vacancy or absence continues.
The fact that the Deputy Inspector-General performs or exercises any function, duty, or power of the Inspector-General is, in the absence of evidence to the contrary, conclusive evidence of the Deputy Inspector-General’s authority to do so.

Compare: 1996 No 47 s 5(3), (5), (6) Administrative provisions 166 Administrative provisions relating to offices of Inspector-General and Deputy Inspector-General Part 2 of Schedule 3 applies in relation to the offices of Inspector-General and Deputy Inspector-General.
Advisory panel 167 Advisory panel There continues to be an advisory panel.
Compare: 1996 No 47 s 15A 168 Functions of advisory panel (1) The functions of the advisory panel are— 92 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 171 (a) to provide advice to the Inspector-General— (i) (ii) on request from the Inspector-General; or on its own initiative: (b) to report to the Prime Minister on any matter relating to intelligence and security if the advisory panel considers that the matter should be drawn to the attention of the Prime Minister.
(2) To assist the advisory panel to perform its functions, the Inspector-General may on his or her own initiative, or on request, provide any information to the advisory panel.

Compare: 1996 No 47 s 15B 169 Membership of advisory panel (1) (2) The advisory panel consists of 2 members appointed by the Governor-General on the recommendation of the Prime Minister made after consulting the Intelli‐ gence and Security Committee.
Both members appointed under subsection (1) must hold a government-spon‐ sored security clearance of a level determined by the Prime Minister.

Compare: 1996 No 47 s 15C(1)–(4) 170 Administrative provisions relating to advisory panel Part 3 of Schedule 3 applies in relation to the membership and procedure of the advisory panel.

Complaints 171 Complaints that may be made to Inspector-General (1) A complaint may be made to the Inspector-General under subsection (2), (3), or (4).
(2) A New Zealand person (not being a person referred to in subsection (3)) may complain that he or she has, or may have, been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency.
(3) An employee, or a former employee, of an intelligence and security agency may complain that he or she has, or may have, been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency if— (a) (b) all established internal remedies have been exhausted; or the Director-General of the relevant intelligence and security agency agrees in writing.
(4) The Speaker of the House of Representatives on behalf of 1 or more members of Parliament may complain about any act, omission, practice, policy, or pro‐ cedure of an intelligence and security agency.

93 Part 6 s 172 Intelligence and Security Act 2017 Version as at 24 June 2023 (5) The ability to complain under this section is in addition to the ability to make a protected disclosure under the Protected Disclosures (Protection of Whistle‐ blowers) Act 2022.
Compare: 1996 No 47 s 11(1)(b), (ba), (5) Section 171(5): inserted, on 1 July 2022, by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).

172 Form of complaint (1) A complaint may be made orally or in writing.

(2) A complaint made orally must be put in writing as soon as practicable.
Compare: 1996 No 47 s 16(1) 173 Procedure on receipt of complaint (1) As soon as practicable after receiving a complaint, the Inspector-General must consider the complaint and— (a) (b) decide to conduct an inquiry into the complaint; or decide, in accordance with section 174, not to conduct an inquiry into the complaint.

(2) As soon as practicable after making a decision under subsection (1), the Inspector-General must advise the complainant of that decision.
Compare: 1993 No 28 s 70 174 (1) Inspector-General may decide not to inquire or continue to inquire into complaint The Inspector-General may decide not to conduct an inquiry into a complaint if it appears to the Inspector-General that,— (a) (b) (c) (d) (e) (f) under the law or existing administrative practice, the complainant has an adequate remedy or right of appeal (other than the right to petition the House of Representatives) and it is, or would have been, reasonable for the complainant to pursue that remedy or right of appeal; or the complaint relates to an act, omission, practice, policy, or procedure that the complainant has known about for more than 12 months; or the subject matter of the complaint is trivial; or the complaint is frivolous or vexatious or not made in good faith; or the complainant does not have a sufficient personal interest in the subject matter of the complaint; or having regard to all the circumstances of the case, and following prelim‐ inary inquiries, an inquiry is unnecessary.
The Inspector-General may decide not to continue to conduct an inquiry into a complaint if, in the course of his or her inquiries, it appears to the Inspector- General that— (2) 94 Version as at 24 June 2023 (a) (b) (c) Intelligence and Security Act 2017 Part 6 s 176 any of the circumstances in subsection (1) apply; or having regard to all the circumstances of the case, the further conduct of the inquiry is unnecessary; or the matter that is the subject of the complaint is one that should be heard by a court or tribunal constituted by statute.
(3) As soon as practicable after making a decision under subsection (1) or (2), the Inspector-General must advise the complainant of that decision.

Compare: 1975 No 9 s 17; 1996 No 47 s 17 Procedure for inquiries 175 Commencing of inquiry (1) After commencing an inquiry, the Inspector-General must notify the Director- General of the relevant intelligence and security agency of— (a) (b) the commencement of the inquiry; and the nature of the inquiry.
(2) (3) If the inquiry relates to a complaint, the Inspector-General must also give to the Director-General of the relevant intelligence and security agency a copy of the complaint.

If the inquiry is initiated by the Inspector-General in reliance on section 158(1)(d), the Inspector-General must advise the Minister responsible for the relevant intelligence and security agency of— (a) (b) the commencement of the inquiry; and the nature of the inquiry.
(4) In this section, relevant intelligence and security agency means the intelli‐ gence and security agency that the inquiry relates to.

Compare: 1996 No 47 s 19(1), (2) 176 Evidence (1) (2) (3) (4) The Inspector-General must conduct an inquiry in private.
The Inspector-General may receive in evidence any statement, document, information, or matter that may, in the Inspector-General’s opinion, assist him or her with the inquiry, whether or not the statement, document, information, or matter would be admissible in a court of law.

The Inspector-General must allow a complainant to be heard, to be represented by counsel or any other person, and to have any other persons testify to the complainant’s record, reliability, and character.
If, at any time during an inquiry, it appears to the Inspector-General that there may be sufficient grounds for making any report or recommendation that may adversely affect an intelligence and security agency, any employee of an intelli‐ gence and security agency, or any other department, interdepartmental venture, 95 Part 6 s 177 Intelligence and Security Act 2017 Version as at 24 June 2023 or person, the Inspector-General must give that agency, employee, or person an opportunity to be heard.
(5) Subject to the provisions of this Act, the Inspector-General may regulate his or her procedure in the manner that he or she thinks fit.

Compare: 1996 No 47 s 19(4)–(8) Section 176(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
177 Evidence of breach of duty or misconduct by employee of intelligence and security agency If, during the course of an inquiry, the Inspector-General forms the opinion that there is evidence of a breach of duty or misconduct by an employee of an intel‐ ligence and security agency, the Inspector-General must immediately advise— (a) (b) the Director-General of the intelligence and security agency; and the Minister responsible for the intelligence and security agency.
Compare: 1996 No 47 s 25(3) 178 Power to summon persons (1) (2) The Inspector-General may summon and examine on oath any person who the Inspector-General considers is able to give information relevant to the inquiry, and may for that purpose administer an oath to any person.

Every examination by the Inspector-General under subsection (1) is to be treated as a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
(3) Witnesses’ fees, allowances, and expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011— (a) must be paid by the Inspector-General to any person who appears as a witness before the Inspector-General under a summons; and (b) may, if the Inspector-General so decides, be paid by the Inspector- General to any other person who appears as a witness before the Inspector-General.
(4) The Inspector-General may disallow the whole or any part of a sum payable under subsection (3)(a).
Compare: 1996 No 47 s 23(2), (3), (6) 179 Power to require information and documents The Inspector-General may require any person to provide— (a) any information that the Inspector-General considers may be relevant to an inquiry; and 96 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 183 (b) any documents or things in the possession or under the control of that person that the Inspector-General considers may be relevant to an inquiry.
Compare: 1996 No 47 s 23(1) 180 Disclosure of information may be required despite obligation of secrecy (1) A person who is obliged by the provisions of an enactment or otherwise to maintain secrecy in relation to, or not to disclose, any matter may be required to do the following even if compliance with the requirement would otherwise breach the obligation of secrecy or non-disclosure: (a) (b) give evidence to, or answer questions put by, the Inspector-General: provide information, documents, or things to the Inspector-General.
(2) Compliance with a requirement under subsection (1) is not a breach of the rele‐ vant obligation of secrecy or non-disclosure or of any enactment by which that obligation is imposed.

(3) This section is subject to section 181.


Compare: 1996 No 47 s 23(5) 181 Protection and privileges of witnesses Every person who does the following has the same privileges as witnesses have in a court of law: (a) (b) gives evidence to, or answers questions put by, the Inspector-General: provides information, documents, or things to the Inspector-General.
Compare: 1996 No 47 s 23(4) 182 Information disclosed to Inspector-General privileged Any information, document, or thing produced by any person in the course of an inquiry conducted by the Inspector-General is privileged in the same manner as if the inquiry were a proceeding in a court.
Compare: 1996 No 47 s 24(1)(b), (2), (3) 183 Inspector-General, etc, not compellable witnesses (1) The following persons may not be required to give evidence in any court, or in proceedings of a judicial nature, in respect of anything that comes to their knowledge when they are performing or exercising their functions, duties, or powers: (a) (b) the Inspector-General, or any person who has held office as Inspector- General: the Deputy Inspector-General, or any person who has held office as Deputy Inspector-General: (c) a person who is, or has been, employed by the Inspector-General: 97 Part 6 s 184 Intelligence and Security Act 2017 Version as at 24 June 2023 (d) a person who is, or has been, a member of the advisory panel.
(2) Nothing in subsection (1) applies in respect of proceedings for— (a) (b) (c) (d) an offence against section 219; or an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or an offence of conspiring to commit an offence against any of those sec‐ tions of the Crimes Act 1961; or an offence of attempting to commit an offence against any of those sec‐ tions of the Crimes Act 1961.
Compare: 1996 No 47 s 24(1)(b), (2), (3) 184 Power of entry (1) (2) For the purposes of an inquiry, the Inspector-General may enter, at any reason‐ able time, any premises or place occupied or used by an intelligence and secur‐ ity agency.

The Inspector-General must give prior notice to the Director-General of the intelligence and security agency of his or her intention to exercise the power in subsection (1).
Compare: 1996 No 47 s 21 Procedure on completion of inquiry 185 Inspector-General to prepare report on completion of inquiry (1) On the completion of an inquiry, the Inspector-General must prepare a written report containing his or her conclusions and recommendations.
(2) In the case of an inquiry conducted in relation to a complaint, the report may include any recommendations for the redress of that complaint that the Inspector-General considers appropriate (including remedies that involve the payment of compensation).
(3) The Inspector-General must send the report to— (a) (b) (c) (d) the Minister responsible for the intelligence and security agency to which the inquiry relates; and the Director-General of the intelligence and security agency to which the inquiry relates; and the Prime Minister, if the inquiry was conducted at the request of the Prime Minister; and the Intelligence and Security Committee, if the inquiry was conducted at the request of the Committee.
(4) If the inquiry was not conducted at the request of the Intelligence and Security Committee, the Inspector-General may send the report to the Committee if— 98 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 187 (a) (b) (c) the inquiry was conducted on the Inspector-General’s own initiative and the responsible Minister agrees to the report being sent to the Intelli‐ gence and Security Committee; or the inquiry was conducted at the request of a Minister responsible for the intelligence and security agency, and the Minister agrees to the report being sent to the Intelligence and Security Committee; or the inquiry was conducted at the request of the Prime Minister, and the Prime Minister agrees to the report being sent to the Intelligence and Security Committee.
In the case of an inquiry conducted in relation to a complaint, the Inspector- General must advise the complainant of his or her conclusions in terms that will not prejudice— (a) (b) the security or defence of New Zealand; or the international relations of the Government of New Zealand.

The Inspector-General may, after consulting the Director-General of the intelli‐ gence and security agency concerned, determine the security classification of the report.
(5) (6) (7) Despite subsection (6), if a report quotes or summarises any matter that has a security classification, then the quote or summary of that matter in the report must not be given a lower security classification.
Compare: 1996 No 47 ss 11(6), 25(1), (2), (8) 186 Advice on compliance with Inspector-General’s recommendations The Inspector-General may advise the Minister who received a report under section 185(3)(a) on— (a) (b) the compliance by an intelligence and security agency with the recom‐ mendations in that report; and the adequacy of any remedial or preventative measures taken by an intel‐ ligence and security agency following an inquiry.
Compare: 1996 No 47 s 25(5) 187 Minister to respond to Inspector-General’s report (1) As soon as practicable after receiving a report from the Inspector-General under section 185(3)(a), the Minister must provide his or her response to— (a) (b) the Inspector-General; and the Director-General of the intelligence and security agency concerned.
(2) If the report relates to an inquiry that was conducted at the request of the Intel‐ ligence and Security Committee, the Minister must also provide his or her response to the Committee.

99 Part 6 s 188 Intelligence and Security Act 2017 Version as at 24 June 2023 (3) (4) If the report relates to an inquiry that was not conducted at the request of the Intelligence and Security Committee, the Minister may provide his or her response to the Committee.
This section does not apply to the extent that a report relates to an employment matter or a security clearance issue.

Compare: 1996 No 47 s 25(6), (7) 188 Publication of Inspector-General’s report (1) As soon as practicable after sending a report in accordance with section 185(3), the Inspector-General must make the report publicly available on an Internet site maintained by or on behalf of the Inspector-General.
(2) However, the Inspector-General must not, in the report made publicly available under subsection (1), disclose— (a) information that, if publicly disclosed, would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence— (i) by the Government of any other country or any agency of such a Government; or (ii) by an international organisation; or (b) (c) information that, if publicly disclosed, would be likely to endanger the safety of any person; or the identity of any person who is or has been an officer, employee, or agent of an intelligence and security agency other than the Director- General, or any information from which the identity of such a person could reasonably be inferred; or (d) information that, if publicly disclosed, would be likely to prejudice— (i) (ii) the continued performance of the functions of an intelligence and security agency; or the security or defence of New Zealand or the international rela‐ tions of the Government of New Zealand; or (e) any information about employment matters or security clearance issues.
Compare: 1996 No 47 s 25A 189 Return of documents, etc, after inquiry (1) On completion of an inquiry, the Inspector-General must return to the intelli‐ gence and security agency concerned all information, documents, and things relating to the inquiry that the Inspector-General obtained from that agency.
(2) All other information, documents, and things relating to the inquiry in the pos‐ session of the Inspector-General must be— 100 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 191 (a) (b) kept by the Inspector-General in safe custody in accordance with the requirements for the safe custody of documents applying to intelligence and security agencies; or disposed of by the Inspector-General in accordance with the require‐ ments for the disposal of documents applying to intelligence and security agencies.
Compare: 1996 No 47 s 25(4) 190 Proceedings not to be questioned or reviewed No proceeding, report, or finding of the Inspector-General may be challenged, reviewed, quashed, or called into question in any court except on the ground of lack of jurisdiction.
Compare: 1996 No 47 s 19(9) 191 Offence to publish information relating to inquiry (1) A person commits an offence if the person, without the written consent of the relevant Minister, publishes or broadcasts, or causes to be published or broad‐ cast, or otherwise distributes or discloses,— (a) (b) (c) (d) any complaint that is before the Inspector-General; or any decision of the Inspector-General relating to a complaint or an inquiry; or any report or account of any inquiry conducted by the Inspector-General; or any decision of the relevant Minister relating to a complaint or an inquiry.
(2) Subsection (1) does not apply to the publication, broadcast, distribution, or dis‐ closure of— (a) (b) (c) advice provided to a complainant by the Inspector-General under section 185(5); or a report made publicly available by the Inspector-General under section 188(1) or 222(7); or any material that the Inspector-General has approved for release (the approval being given in writing after the Inspector-General has consul‐ ted, in relation to security requirements, the Director-General of the intelligence and security agency to which the inquiry or complaint relates); or (d) the fact only that an inquiry has been conducted by the Inspector- General.
(3) A person who commits an offence against this section is liable on conviction to— (a) a term of imprisonment not exceeding 2 years; or 101 Part 6 s 192 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) a fine not exceeding $10,000.

(4) A prosecution for an offence under this section may not be commenced without the leave of the Attorney-General.

(5) Nothing in this section restricts— (a) (b) the communication of proceedings in Parliament; or the reporting of proceedings in Parliament.
(6) In this section,— communication has the meaning given to it by section 5(1) of the Parliamen‐ tary Privilege Act 2014 proceedings in Parliament has the meaning given to it by section 10 of the Parliamentary Privilege Act 2014 relevant Minister means the Minister responsible for the intelligence and security agency to which the complaint or inquiry relates.
Compare: 1996 No 47 s 29 Subpart 2—Intelligence and Security Committee Continuation of Intelligence and Security Committee 192 Intelligence and Security Committee There continues to be an Intelligence and Security Committee.
Compare: 1996 No 46 s 5 193 Functions of Committee (1) The functions of the Committee are— (a) (b) (c) (d) to examine the policy, administration, and expenditure of each intelli‐ gence and security agency: to receive and consider the annual report of each intelligence and secur‐ ity agency: to conduct each year, following receipt of the annual report of an intelli‐ gence and security agency, an annual review of the agency for the imme‐ diately preceding financial year: to consider any Bill, petition, or other matter in relation to an intelli‐ gence and security agency referred to the Committee by the House of Representatives: (e) to request the Inspector-General to conduct an inquiry into— (i) (ii) any matter relating to an intelligence and security agency’s com‐ pliance with New Zealand law, including human rights law: the propriety of particular activities of an intelligence and security agency: 102 Version as at 24 June 2023 (f) Intelligence and Security Act 2017 Part 6 s 194 to consider any matter (not being a matter relating directly to the activ‐ ities of an intelligence and security agency) referred to the Committee by the Prime Minister because of that matter’s intelligence or security implications: (g) to consider and discuss with the Inspector-General his or her annual report.
(2) However, the functions of the Committee do not include— (a) (b) (c) inquiring into any matter within the jurisdiction of the Inspector- General; or inquiring into any matter that is operationally sensitive, including any matter that relates to intelligence collection and production methods, or sources of information; or inquiring into complaints by individuals concerning the activities of an intelligence and security agency that are capable of being resolved under any other enactment.
Compare: 1996 No 46 s 6 194 Membership of Committee (1) The size of the Committee must be determined by the Prime Minister in con‐ sultation with the Leader of the Opposition, but the Committee must com‐ prise— (a) (b) a minimum of 5 members; and a maximum of 7 members.
(2) The membership of the Committee must comprise— (a) (b) the Prime Minister; and the Leader of the Opposition; and (c) members of the House of Representatives nominated by the Leader of the Opposition, with the agreement of the Prime Minister, after consult‐ ation with the leader of each party that is not in government or in coali‐ tion with a Government party; and (d) members of the House of Representatives nominated by the Prime Min‐ ister after consultation with the leader of each party in government.
(3) If it is determined that the Committee should comprise 5 members,— (a) (b) 1 member must be nominated under subsection (2)(c); and 2 members must be nominated under subsection (2)(d).

(4) If it is determined that the Committee should comprise 6 or 7 members,— (a) (b) 2 members must be nominated under subsection (2)(c); and the balance of the members must be nominated under subsection (2)(d).
103 Part 6 s 195 Intelligence and Security Act 2017 Version as at 24 June 2023 (5) When nominating a person for membership of the Committee, the Leader of the Opposition and the Prime Minister must have regard to security require‐ ments and the proportional representation of political parties in the House of Representatives.

(6) When performing the Committee’s functions, a member of the Committee acts in his or her official capacity as a member of Parliament.
Compare: 1996 No 46 s 7(1), (2), (4) 195 Filling vacancy in membership of Committee (1) (2) If the office of a member nominated under section 194(2)(c) becomes vacant, the Leader of the Opposition must nominate, in accordance with section 194(2)(c), another member of the House of Representatives to fill that vacancy.
If the office of a member nominated under section 194(2)(d) becomes vacant, the Prime Minister— (a) must nominate, in accordance with section 194(2)(d), another member of the House of Representatives to fill that vacancy, if the vacancy leaves the Committee with fewer than 6 members: (b) may nominate, in accordance with section 194(2)(d), another member of the House of Representatives to fill that vacancy, if the vacancy leaves the Committee with 6 members.
Compare: 1996 No 46 s 11 196 Endorsement of nominated members (1) (2) The Prime Minister must, as soon as practicable after the commencement of each Parliament, present to the House of Representatives, for endorsement as members of the Committee, the names of the members of the House of Repre‐ sentatives nominated under— (a) (b) section 194(2)(c) and (d); and section 195 (if any).
If the House of Representatives declines to endorse any nomination, the Prime Minister must present to the House of Representatives, for endorsement as a member of the Committee, the name of another member of the House of Rep‐ resentatives nominated by the Leader of the Opposition under section 194(2)(c), or the Prime Minister under section 194(2)(d), as the case requires.
Compare: 1996 No 46 s 8(1), (2) 197 Committee not to transact business until nominated members endorsed The Committee must not transact any business until the required number of nominations for the membership under section 194(2)(c) and (d) has been endorsed.
Compare: 1996 No 46 s 8(3) 104 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 6 s 201 198 Chairperson of Committee (1) The Committee is chaired by— (a) (b) the Prime Minister; or another member of the Committee from time to time appointed by the Prime Minister.
(2) The Prime Minister must not chair a meeting of the Committee, and must appoint one of the members referred to in section 194(2)(d) to act as chair‐ person of that meeting, if— (a) the Committee is, in the course of conducting a financial review of an intelligence and security agency, discussing any matter relating to the performance of that agency; and (b) the Prime Minister is the Minister responsible for that agency.
(3) The chairperson may appoint either of the following (if not already a member of the Committee) as an alternative chairperson in his or her absence at a meet‐ ing of the Committee: (a) (b) the Deputy Prime Minister: the Attorney-General.

Compare: 1996 No 46 ss 7(3), 7A(1)–(3) 199 Privilege (1) The proceedings of the Committee are proceedings in Parliament for the pur‐ poses of Article 9 of the Bill of Rights 1688 and the Parliamentary Privilege Act 2014.
(2) Anything said, any information supplied, or any document, paper, or thing pro‐ duced by any person in the course of any inquiry or proceedings of the Com‐ mittee under this Act is privileged as proceedings in Parliament (as defined in section 10 of the Parliamentary Privilege Act 2014).

Compare: 1996 No 46 s 16 200 Administrative provisions relating to Committee Part 4 of Schedule 3 applies in relation to the Committee.
Evidence 201 Attendance before Committee (1) (2) The Director-General of an intelligence and security agency must appear before the Committee if requested by the Committee.
The Committee may request any person other than the Director-General of an intelligence and security agency— (a) to attend and give evidence before the Committee; or 105 Part 6 s 202 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) to produce any document or other information that is relevant to the pro‐ ceedings of the Committee.
(3) A request made to a person under subsection (1) or (2) must, wherever practic‐ able, be given to that person by the Committee at least 5 working days before the date on which the person is requested— (a) (b) (c) to appear; or to attend and give evidence; or to produce any document or other information.
Compare: 1996 No 46 s 14 202 Meaning of sensitive information (1) In sections 203 and 204, sensitive information means information of a kind specified in subsection (2) that, if disclosed, would be likely— (a) (b) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by— (i) the Government of any other country or any agency of such a Government; or (ii) any international organisation; or (c) to prejudice the maintenance of the law, including the prevention, inves‐ tigation, and detection of offences and the right to a fair trial; or (d) to endanger the safety of any person.
(2) The kinds of information are as follows: (a) information that might lead to the identification of, or contain details of,— (b) (c) (i) (ii) sources of information available to an intelligence and security agency; or other assistance or operational methods available to an intelli‐ gence and security agency; and information about particular operations that have been undertaken, or are being or are proposed to be undertaken, in performing any of the func‐ tions of an intelligence and security agency; and information that has been provided to an intelligence and security agency by another department or agency of the Government of New Zealand and is information that cannot be disclosed by the intelligence and security agency without the consent of the department or agency of the Government of New Zealand that provided that information; and 106 Version as at 24 June 2023 (d) Intelligence and Security Act 2017 Part 6 s 203 information that has been provided to an intelligence and security agency by the Government of any other country or by an agency of such a Government and is information that cannot be disclosed by the intelli‐ gence and security agency without the consent of the Government or agency that provided that information.
203 Provision of information to Committee (1) If the Director-General of an intelligence and security agency or any other per‐ son is asked by the Committee to disclose any document or other information in his or her possession that is relevant to the matters being considered by the Committee, the Director-General or other person must, subject to subsections (2) and (3),— (a) (b) arrange for that document or information to be made available to the Committee; or inform the Committee that the document or information cannot be dis‐ closed because, in the opinion of the Director-General of the relevant intelligence and security agency, that document or information is sensi‐ tive information.
(2) The fact that any particular document or information is sensitive information does not prevent the disclosure of the document or information under subsec‐ tion (1)(a) if,— (3) (4) (a) (b) in any case where the document or information is in the possession or under the control of the Director-General of an intelligence and security agency, the Director-General considers it safe to disclose it; or in any case where the document or information is in the possession or under the control of any other person, the Director-General of the rele‐ vant intelligence and security agency considers it safe to disclose it.
If any document or information is sensitive information within the meaning of that term in section 202(1) and (2)(a), (b), or (c), that document or information must be disclosed to the Committee if the Prime Minister considers that the disclosure is desirable in the public interest.
If any document or other information that has a security classification is provi‐ ded to the Committee, the Committee must ensure that the document or infor‐ mation— (a) (b) is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies; and is returned to the originating intelligence and security agency when no longer required by the Committee.
(5) If the Committee is responsible for the production of a document that has a security classification, the Committee must ensure that the document is kept in 107 Part 6 s 204 Intelligence and Security Act 2017 Version as at 24 June 2023 safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies.
Compare: 1996 No 46 s 17 204 Secrecy of information disclosed to Committee (1) A person who has been appointed to assist the Committee or who has appeared before the Committee in any capacity must not disclose or publish, or cause to be disclosed or published,— (a) (b) any sensitive information disclosed to the Committee under section 203(2) or (3); or any other information provided to the Committee by an intelligence and security agency the further disclosure of which would be likely to preju‐ dice any of the interests protected by— (i) (ii) section 224(2)(a) to (c); or section 224(3).
(2) Subsection (1) does not apply if the disclosure or publication of the informa‐ tion— (a) (b) (c) (d) is in the performance of the person’s functions or duties under this Act; or is in accordance with the rules and practice of the House of Representa‐ tives; or is in the exercise of the person’s powers under this Act; or is authorised in writing by the Committee or its chairperson.
(3) A person must not disclose to any other person any minutes or other record relating to the proceedings of any meeting of the Committee unless— (a) the disclosure of the minutes or record is necessary for the purposes of— (i) a report to the House of Representatives (being a report that com‐ plies with section 222); or (ii) the conduct of the business of the Committee; or (b) the disclosure is authorised in writing by the Committee or its chair‐ person.
Compare: 1996 No 46 s 19 205 Committee’s records may be copied to House of Representatives (1) (2) The House of Representatives may require the Committee to provide to it a copy of any or all records held by the Committee in relation to the performance of its functions under section 193(1)(a) to (d).

Before providing a copy of any record to the House of Representatives, the Committee must remove any protected information.
(3) In this section,— 108 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 207 protected information means information that, under section 224, may not be disclosed by the Committee in a report to the House of Representatives records means the records of the proceedings of the Committee, including records of reports, evidence, and advice received by the Committee during the course of proceedings.
Part 7 Miscellaneous provisions Ministerial policy statements 206 Issue of ministerial policy statements The Minister responsible for an intelligence and security agency must issue 1 or more ministerial policy statements that provide guidance to the intelligence and security agency in relation to the following matters: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) providing information assurance and cybersecurity activities under sec‐ tion 11 with consent (see section 12): acquiring, using, and maintaining an assumed identity under subpart 1 of Part 3: creating and maintaining a legal entity under subpart 2 of Part 3: collecting information lawfully from persons without an intelligence warrant or authorisation given under section 78: conducting surveillance in a public place: obtaining and using publicly available information: requesting information from agencies under section 121: the management of information obtained by an intelligence and security agency, including the retention and destruction of that information: making false or misleading representations under section 228 about being employed with an intelligence and security agency: conducting activities in accordance with an exemption from the Land Transport (Road User) Rule 2004 that is conferred by section 231.
207 (1) Issue of ministerial policy statements relating to co-operating, etc, with overseas public authorities The Minister responsible for an intelligence and security agency must issue 1 or more ministerial policy statements providing guidance to the intelligence and security agency in relation to the following matters: (a) (b) (c) co-operating with an overseas public authority: providing advice and assistance to an overseas public authority: sharing intelligence with an overseas public authority.
109 Part 7 s 208 Intelligence and Security Act 2017 Version as at 24 June 2023 (2) The Minister must provide to the Intelligence and Security Committee a copy of a ministerial policy statement issued under subsection (1).
208 Issue of additional ministerial policy statements The Minister responsible for an intelligence and security agency may, if the Minister considers it necessary or desirable, issue 1 or more ministerial policy statements that provide guidance to the intelligence and security agency in rela‐ tion to any other matter.
209 Effect of ministerial policy statement In making any decision or taking any action, the Director-General of an intelli‐ gence and security agency and every employee of that agency must have regard to any relevant ministerial policy statement.
210 Content of ministerial policy statements A ministerial policy statement must, without limitation, state— (a) (b) the procedures of an intelligence and security agency for authorising the carrying out of an activity relating to a matter (if applicable); and the protections that need to be in place in relation to the matter (if any); and (c) the restrictions in relation to the matter (if any).
211 Consultation on proposed ministerial policy statements Before issuing a ministerial policy statement, a Minister must— (a) consult— (i) (ii) the Inspector-General; and any other Minister of the Crown whose area of responsibility, in the Minister’s opinion, includes an interest in the proposed minis‐ terial policy statement; and (iii) any other person that the Minister considers appropriate; and (b) have regard to any comments received under paragraph (a).
212 Amending, revoking, or replacing ministerial policy statements (1) The Minister who issued a ministerial policy statement may, at any time, amend, revoke, or replace the ministerial policy statement.
(2) However, before amending, revoking, or replacing a ministerial policy state‐ ment, the Minister must— (a) consult with, and invite comment from,— (i) the Inspector-General; and 110 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 215 (ii) any other Minister of the Crown whose area of responsibility, in the Minister’s opinion, includes an interest in the ministerial pol‐ icy statement; and (iii) any other person that the Minister considers appropriate; and (b) have regard to any comments received under paragraph (a).
213 Ministerial policy statements applying to both intelligence and security agencies (1) A ministerial policy statement that provides guidance to both intelligence and security agencies may be issued.

(2) If there is a different Minister responsible for each intelligence and security agency,— (a) the ministerial policy statement must be jointly issued by the Ministers; and (b) sections 211 and 212 apply with all necessary modifications.
214 Duration of ministerial policy statement A ministerial policy statement— (a) takes effect from the date on which it is signed by the Minister who issued it; and (b) continues in effect for a period not exceeding 3 years.
215 Publication of ministerial policy statements (1) As soon as practicable after a ministerial policy statement is issued, amended, or replaced, the Director-General of the intelligence and security agency to which the statement applies or, if the statement applies to both intelligence and security agencies, the Director-General of each agency— (a) must make the statement publicly available on an Internet site main‐ tained by or on behalf of the Director-General; and (b) may make copies of the statement available in any other way that the Director-General considers appropriate in the circumstances.
(2) However, a Director-General must not, in the statement made publicly avail‐ able under subsection (1), disclose any information that, if publicly disclosed, would be likely to prejudice— (a) (b) (c) the carrying out of the activity to which the statement relates; or the security and defence of New Zealand; or the international relations of the Government of New Zealand.
111 Part 7 s 216 Intelligence and Security Act 2017 Version as at 24 June 2023 216 Status of ministerial policy statements [Repealed] Section 216: repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Security records 217 Powers in relation to security records (1) For the purpose of performing his or her functions and duties, the Inspector- General must be given access to all security records— (2) (3) (a) (b) that are in the custody or control of an intelligence and security agency; and that the Inspector-General considers to be relevant to his or her functions or duties.
The Inspector-General must ensure that all security records accessed under subsection (1) and held by him or her are kept in safe custody in accordance with the requirements for the safe custody of documents applying to intelli‐ gence and security agencies.
If the Inspector-General is responsible for the production of any security records that have a security classification, the Inspector-General must ensure that the security records are kept in safe custody in accordance with the requirements for the safe custody of documents applying to intelligence and security agencies.
Compare: 1996 No 47 s 20 218 Disclosure of information relating to activities of intelligence and security agency (1) The following persons must not, other than in the performance of their func‐ tions or duties, disclose to any other person any security records or other offi‐ cial information relating to the activities of an intelligence and security agency: (a) (b) (c) (d) the Inspector-General: the Deputy Inspector-General: an employee of the Inspector-General: a member of the advisory panel.
Subsection (1) does not limit the disclosure of information concerning the activities of an intelligence and security agency to the Minister responsible for the intelligence and security agency.
The Inspector-General must act in accordance with any certificate given by the Minister responsible for an intelligence and security agency that certifies— (a) that the disclosure by the Inspector-General of any security records or any other official information would be likely— (2) (3) 112 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 219 (i) (ii) (iii) to prejudice the security or defence of New Zealand or the inter‐ national relations of the Government of New Zealand; or 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 to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by any international organ‐ isation; or (iv) to endanger the safety of any person; and (b) that such disclosure— (i) (ii) should not be made; or should be made only on any terms and conditions that are, in the Minister’s opinion, necessary in the interests of security.
(4) A Minister may not exercise his or her power under subsection (3) until the Minister has consulted— (a) (b) the Director-General of the relevant intelligence and security agency; and any other person (not being, in the case of a complaint, the complainant) capable of assisting in determining the circumstances and information that are relevant to the inquiry, being circumstances and information that should not, in the interests of security, be disclosed in the course of or in relation to the inquiry.
Compare: 1996 No 47 s 26 Confidentiality 219 Duty of confidentiality (1) This section applies to any person who is, or has at any time been,— (a) appointed as— (i) Inspector-General: (ii) Deputy Inspector-General: (iii) Director-General of Security: (iv) Director-General of the Government Communications Security Bureau: (v) (vi) a member of the advisory panel: a person assisting the Inspector-General: (vii) a reviewer: (b) employed or engaged by— (i) the Inspector-General: 113 Part 7 s 220 Intelligence and Security Act 2017 Version as at 24 June 2023 (ii) (iii) the Director-General of Security: the Director-General of the Government Communications Secur‐ ity Bureau.
(2) Unless otherwise authorised by a Minister responsible for an intelligence and security agency, a person— (a) must keep confidential all information that comes to his or her know‐ ledge in the performance or exercise of his or her functions, duties, and powers; and (b) must not make a record of or use or disclose that information except for the purpose of carrying out his or her functions or duties under, or for the purpose of giving effect to, this Act.
(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to— (a) (b) a term of imprisonment not exceeding 2 years; or a fine not exceeding $10,000.

(4) The leave of the Attorney-General must be obtained before an offence against subsection (2) is prosecuted.

(5) A person to whom this section applies is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.

(6) In this section, reviewer means a reviewer appointed under section 236(1).
Compare: 1969 No 24 s 12A; 1996 No 46 s 19; 1996 No 47 s 28; 2003 No 9 s 11; 2004 No 38 s 19 Security clearance information 220 Use of information provided for security clearance assessment (1) Any information obtained by or disclosed to the New Zealand Security Intelli‐ gence Service for the purpose of a security clearance assessment may be used only for the following purposes: (a) (b) (c) the security clearance assessment: any other security clearance assessment: counter-intelligence.
(2) Subsection (1) applies despite anything in information privacy principle 10 set out in section 22 of the Privacy Act 2020.
(3) In this section,— counter-intelligence means the intelligence activities carried out to identify and counteract the threat, or potential threat, of unauthorised disclosure of offi‐ cial information by a person who holds, or has held, a New Zealand Govern‐ ment-sponsored national security clearance security clearance assessment means an assessment conducted by the New Zealand Security Intelligence Service in the performance of its function under 114 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 221 section 11 for the purpose of making a recommendation as to an individual’s suitability to hold a New Zealand Government-sponsored national security clearance.
Section 220(2): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Annual reports 221 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 respon‐ sible 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— (a) a statement as to the number of occasions on which the agency has pro‐ vided assistance under section 13(1)(b) to— (i) (ii) the New Zealand Police; and the New Zealand Defence Force; and (b) (c) a statement as to the number of occasions on which the agency has pro‐ vided assistance under section 14; and a statement as to the number of applications made by the agency for the following: (i) (ii) (iii) (iv) (v) (vi) a Type 1 intelligence warrant; and a Type 2 intelligence warrant; and the urgent issue of a Type 1 intelligence warrant under section 71; and the urgent issue of a Type 2 intelligence warrant under section 72; and a joint Type 1 intelligence warrant under section 56; and a joint Type 2 intelligence warrant under section 56; and (d) a statement as to the number of applications referred to in each of sub‐ paragraphs (i) to (vi) of paragraph (c) that were— (i) (ii) approved; and declined; and (e) (f) a statement as to the number of authorisations given by the Director- General under section 78; and a statement as to the number of applications made by the agency under section 136 for permission to access restricted information; and 115 Part 7 s 221 Intelligence and Security Act 2017 Version as at 24 June 2023 (g) a statement as to the number of applications referred to in paragraph (f) that were— (i) (ii) approved; and declined; and (h) a statement as to the number of business records directions issued by the agency to business agencies under section 150; and (i) a statement setting out— (i) (ii) a summary of the agency’s equal employment opportunities pro‐ gramme for the year; and 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) (b) 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 information may be deleted in accordance with a direction of the Minis‐ ter 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 excluded from the report if the Minister considers that the information, if publicly disclosed, would be likely— (a) (b) (c) (d) (e) to prejudice the security or defence of New Zealand or international rela‐ tions of the Government of New Zealand; or to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of any other coun‐ try or any agency of such a Government; or to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by any international organisation; or to endanger the safety of any person; or 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,— 116 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 222 equal employment opportunities programme has the meaning given to it by section 74(2) of the Public Service Act 2020 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 Section 221(7) equal employment opportunities programme: amended, on 7 August 2020, by sec‐ tion 135 of the Public Service Act 2020 (2020 No 40).
222 Annual report of Inspector-General (1) As soon as practicable after the end of each financial year, the Inspector- General must provide a report of the Inspector-General’s operations during that year to— (a) (b) each Minister responsible for an intelligence and security agency; and the Prime Minister.
(2) The report must— (a) (b) (c) (d) specify the number of inquiries undertaken by the Inspector-General dur‐ ing the year; and contain a brief description of the outcome of each inquiry; and certify the extent to which each intelligence and security agency’s com‐ pliance systems are sound; and contain any other information that the Inspector-General believes is necessary.
(3) (4) The Prime Minister must, as soon as practicable after receiving a report under subsection (1), present a copy of the report to the House of Representatives, together with a statement as to whether any matter has, under subsection (4), been excluded from that copy.
The Prime Minister may exclude from the copy of the report to be presented to the House of Representatives any matter that the Prime Minister, after consult‐ ation with the Inspector-General, considers is likely, if disclosed,— (a) (b) (c) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of any other coun‐ try or any agency of such a Government; or 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.
(5) The Prime Minister must, as soon as practicable, provide the Leader of the Opposition with a copy of a report that he or she has received under subsection (1).

117 Part 7 s 223 Intelligence and Security Act 2017 Version as at 24 June 2023 (6) If the copy supplied to the Leader of the Opposition under subsection (5) con‐ tains any matter excluded by the Prime Minister from the copy presented to the House of Representatives, the Leader of the Opposition must not disclose that matter to any other person.
(7) As soon as practicable after a copy of a report is presented to the House of Representatives under subsection (3), the Inspector-General 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 Inspector-General.

(8) The Inspector-General may at any time, with the agreement of the Prime Min‐ ister, report either generally or in respect of any particular matter to the Intelli‐ gence and Security Committee.
Compare: 1996 No 47 s 27 223 Annual report of Intelligence and Security Committee (1) The Intelligence and Security Committee must present an annual report to the House of Representatives on the activities of the Committee.

(2) Subsection (1) is subject to section 224.


Compare: 1996 No 46 s 6(1)(e)(i) 224 Restrictions on reports to House of Representatives (1) (2) The Intelligence and Security Committee must, when presenting an annual report or any other report to the House of Representatives, have regard gener‐ ally to security requirements.
The Intelligence and Security Committee must not disclose in a report to the House of Representatives— (a) any information that, if publicly disclosed, would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence— (i) by the Government of any other country or any agency of such a Government; or (ii) by any international organisation; or (b) (c) any information that, if publicly disclosed, would be likely to endanger the safety of any person; or any sensitive information disclosed to the Committee in accordance with section 203(2) or (3).
(3) The Intelligence and Security Committee must not disclose in a report to the House of Representatives the following information unless the Committee con‐ siders that there are compelling reasons in the public interest to do so: (a) the identity of any person who is or has been an officer, employee, or agent of an intelligence and security agency, other than the Director- 118 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 226 General, or any information from which the identity of such a person could reasonably be inferred; or (b) any information that, if publicly disclosed, would be likely— (i) (ii) to prejudice the continued performance of the functions of an intelligence and security agency; or to prejudice the security or defence of New Zealand or the inter‐ national relations of the Government of New Zealand.
Compare: 1996 No 46 s 18 Offences 225 Obstructing, hindering, resisting, or deceiving Inspector-General (1) A person commits an offence and is liable on conviction to a fine not exceed‐ ing $5,000 if the person,— (a) without lawful justification or excuse,— (i) (ii) wilfully obstructs, hinders, or resists the Inspector-General in the exercise of his or her powers under this Act or any other enact‐ ment; or refuses or wilfully fails to comply with any lawful requirement of the Inspector-General; or (b) wilfully makes any false statement to, or misleads or attempts to mis‐ lead, the Inspector-General in the exercise of his or her powers under this Act or any other enactment.
(2) In this section, Inspector-General includes the Deputy Inspector-General.
Compare: 1996 No 47 s 23(8) 226 Personation (1) A person commits an offence if the person, without reasonable excuse and in circumstances likely to lead another person to believe that the person is an employee of an intelligence and security agency,— (a) (b) pretends to be an employee of an intelligence and security agency by his or her words, conduct, or demeanour; or assumes the name, designation, or description of an employee of an intelligence and security agency.
(2) A person who commits an offence against this section is liable on conviction to— (a) (b) (c) a term of imprisonment not exceeding 12 months; or a fine not exceeding $15,000; or both (a) and (b).
Compare: 1969 No 24 s 13; 2008 No 72 s 48 119 Part 7 s 227 Intelligence and Security Act 2017 Version as at 24 June 2023 227 Restriction on publication and broadcasting of information regarding employees (1) A person commits an offence if the person, without the written consent of the relevant Minister, publishes in a newspaper or other document, or broadcasts by radio or television, the fact that any person— (a) is an employee of an intelligence and security agency, not being— (i) (ii) the Director-General of Security; or the Director-General of the Government Communications Secur‐ ity Bureau; or (b) is connected in any way with an employee of an intelligence and security agency.
(2) Nothing in this section restricts— (a) (b) the communication of proceedings in Parliament; or the reporting of proceedings in Parliament.

(3) The written consent of the Minister in relation to any proceedings in any court may be filed in the court, and when so filed is sufficient authority to all persons to act in accordance with that consent.
(4) In this section,— broadcast includes cause or allow to be broadcast communication has the meaning given to it by section 5(1) of the Parliamen‐ tary Privilege Act 2014 proceedings in Parliament has the meaning given to it by section 10 of the Parliamentary Privilege Act 2014 publish includes cause or allow to be published relevant Minister means the Minister responsible for the intelligence and security agency referred to in subsection (1).
(5) A person who commits an offence against this section is liable on convic‐ tion,— (a) (b) in the case of an individual, to a fine not exceeding $5,000: in the case of a body corporate, to a fine not exceeding $20,000.
Compare: 1969 No 24 s 13A False or misleading representations about employment and identity 228 Employee may make false or misleading representations about employment (1) An employee of an intelligence and security agency may make a false or mis‐ leading representation to any person in connection with any aspect of his or her employment if the representation is made— 120 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 229 (a) (b) for the purpose of keeping secret the fact that he or she is an employee of the agency; and in accordance with any requirements of the Director-General of the agency.
(2) A false or misleading representation may be made by omitting or failing to dis‐ close information.
(3) This section does not apply to representations made to any of the following: (a) (b) (c) (d) (e) (f) (g) the intelligence and security agency: the Inspector-General of Intelligence and Security: the Intelligence and Security Committee: a court: a Minister of the Crown: the Leader of the Opposition: an Office of Parliament (as defined in section 2(1) of the Public Finance Act 1989): (h) a chief executive of a department: (ha) the board of an interdepartmental venture: (i) (j) (k) (l) the Chief of Defence Force: the Commissioner of Police: the Privacy Commissioner: a Human Rights Commissioner: (m) the Independent Police Conduct Authority.
Section 228(3)(ha): inserted, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

229 Protections relating to representations about identity (1) An employee is protected from civil and criminal liability, however it may arise, for any act that the employee does, or omits to do, in good faith and with reasonable care in the course of making a representation in accordance with section 228.
(2) Nothing done (or omitted to be done) under section 228— (a) (b) places the employee in breach of contract or of any enactment or rule of law; or entitles any person to terminate or cancel a contract or an arrangement, or to accelerate the performance of an obligation, or to impose a penalty or an increased charge.
121 Part 7 s 230 Intelligence and Security Act 2017 Version as at 24 June 2023 Exceptions and immunities 230 Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances (1) An employee does not commit an offence against section 246 of the Crimes Act 1961 (which relates to receiving) if— (a) (b) the employee receives unsolicited information from another person; and the employee has no reason to believe that the information has been obtained through the use of torture or any other abuse of human rights.
(2) Subsection (1) does not apply if it is proposed in advance to obtain information (whether or not on a continuing basis) and the obtaining of that information could have been authorised by an intelligence warrant.
(3) An intelligence and security agency that obtains information in circumstances where subsection (1) applies— (a) must not disclose that information to another entity unless that entity is otherwise lawfully authorised to receive it; but (b) may prepare a report using that information and, in the performance of its function under section 10 or 11, may disseminate that report to another agency.
231 Exceptions to Land Transport (Road User) Rule 2004 (1) An employee of the New Zealand Security Intelligence Service does not com‐ mit an offence against the following Parts of the Land Transport (Road User) Rule 2004 (the Rule) if subsection (2) applies: (a) (b) (c) Part 3 (which sets out requirements about traffic signs and signals): Part 5 (which relates to speed limits): Part 6 (which relates to stopping and parking).
(2) This subsection applies if— (a) (b) (c) the employee is carrying out visual surveillance from a vehicle on a pub‐ lic road; and the employee who takes the action that would otherwise constitute an offence considers that taking the action is reasonably necessary in order to continue the visual surveillance; and the employee takes all reasonable steps to ensure that his or her actions do not cause injury or damage, or interfere with any other person.
(3) The references in subsection (1) to Parts of the Rule include references to the corresponding Parts or provisions of any enactment that replaces the Rule.
122 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 233 232 Burden of proof to establish immunity and relationships between immunities (1) (2) If any question arises as to whether an immunity under any provision of this Act applies, the employee or entity, as the case requires, must establish, on the balance of probabilities, that the immunity applies.
If there is any inconsistency between any of sections 31, 32, 43, 44, 110, 111, and 229 and the provisions of any other enactment conferring, regulating, or limiting a privilege or immunity, then the provisions of this Act prevail.
Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet 233 Functions of Chief Executive of DPMC in relation to intelligence and assessments (1) The Chief Executive of the DPMC is responsible for the performance of the following functions: (a) providing intelligence assessments on events and developments of sig‐ nificance to New Zealand’s national security, international relations and well-being, and economic well-being to— (i) Ministers; and (ii) departments; and (iia) interdepartmental ventures; and (iii) any other person who the Chief Executive of the DPMC considers appropriate; and advising Ministers on the setting of priorities for intelligence collection and analysis; and advising departments on best practice in relation to the assessment of intelligence.
(b) (c) (2) However, the Chief Executive of the DPMC must not carry out the functions specified in subsection (1)(a) and (c) personally but must designate an employee of the DPMC to carry out those functions.

(3) (4) The Chief Executive of the DPMC may at any time revoke a designation made under subsection (2) and designate an employee of the DPMC to carry out the functions specified in that subsection.

In this section and in section 234, DPMC means the Department of the Prime Minister and Cabinet.
Section 233(1)(a)(iia): inserted, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

123 Part 7 s 234 Intelligence and Security Act 2017 Version as at 24 June 2023 234 Duty to act independently In matters relating to functions specified in section 233, the employee designa‐ ted by the Chief Executive of the DPMC must act independently.
235 Requirement to hold periodic reviews Periodic reviews A review of the intelligence and security agencies and this Act must, in accord‐ ance with the terms of reference specified under section 236(3)(a), be— (a) (b) commenced as soon as practicable on or after 1 July 2021; and afterwards, held at intervals not shorter than 5 years and not longer than 7 years.
Compare: 1996 No 46 s 21 Section 235(a): replaced, on 29 June 2021, by section 4 of the Intelligence and Security (Review) Amendment Act 2021 (2021 No 24).

236 Appointment of reviewers and related matters (1) A review under section 235 must be conducted by 2 persons (reviewers) appointed by the Prime Minister.

(2) The reviewers appointed under subsection (1) must hold a government-spon‐ sored security clearance of a level determined by the Prime Minister.
(3) The Prime Minister must specify— (a) (b) the terms of reference for the review, which may include any matter rele‐ vant to the functions, effectiveness, and efficiency of the intelligence and security agencies and their contribution to national security; and any matters that he or she considers the reviewers should take into account in determining how to conduct the review; and (c) the date by which the review is to be concluded.
(4) (5) Before doing anything under this section, the Prime Minister must consult the Intelligence and Security Committee.

The following must be notified in the Gazette as soon as practicable after the appointment of the reviewers: (a) (b) (c) (d) the persons appointed as reviewers; and the terms of reference of the review; and any matters specified in relation to the conduct of the review; and the date by which the review must be concluded.
Compare: 1996 No 46 s 22 237 Provision of information To assist the reviewers to conduct their review,— 124 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 7 s 240 (a) (b) the reviewers may ask the Director-General of an intelligence and secur‐ ity agency and the Inspector-General to provide information; and the Director-General of an intelligence and security agency or the Inspector-General may provide information to the reviewers, whether in response to a request under paragraph (a) or on his or her own initiative.
Compare: 1996 No 46 s 23 238 Report of reviewers (1) After completing a review, the reviewers must prepare a report containing the results of their review.

(2) The report must be provided to the Intelligence and Security Committee by the date specified for the completion of the review.

(3) After the Intelligence and Security Committee has considered the report, the Committee must present the report to the House of Representatives.
(4) For the purposes of subsection (3), section 224 applies, with all necessary modifications, as if the report had been prepared by the Intelligence and Secur‐ ity Committee.
Compare: 1996 No 46 s 24 239 Remuneration of reviewers (1) A reviewer is entitled— (a) (b) to receive remuneration not provided for in paragraph (b) for services as a reviewer at a rate and of a kind determined by the Prime Minister in accordance with the fees framework; and in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a reviewer.
(2) For the purposes of subsection (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

Compare: 1996 No 46 s 25 240 Provision of administrative and other support (1) The Ministry of Justice is responsible for providing to the reviewers the admin‐ istrative, secretarial, and other support necessary for the reviewers to conduct their review effectively and efficiently.
(2) A person providing administrative, secretarial, or other support under subsec‐ tion (1) must hold a government-sponsored security clearance of a level deter‐ mined by the Prime Minister.

Compare: 1996 No 46 s 26 125 Part 7 s 241 Intelligence and Security Act 2017 Version as at 24 June 2023 241 Reviewers to determine own procedure The reviewers may determine their own procedure subject to any matters speci‐ fied under section 236(3)(b).
Compare: 1996 No 46 s 27 Part 8 Repeals and amendments Repeals 242 Repeals (1) (2) Sections 15A to 15F of the Inspector-General of Intelligence and Security Act 1996 are repealed.

The Inspector-General of Intelligence and Security Act 1996 (1996 No 47) is repealed.

(3) The following Acts are repealed: (a) (b) (c) New Zealand Security Intelligence Service Act 1969 (1969 No 24): Intelligence and Security Committee Act 1996 (1996 No 46): Government Communications Security Bureau Act 2003 (2003 No 9).
Amendments to Biosecurity Act 1993 243 Amendments to Biosecurity Act 1993 Section 244 amends the Biosecurity Act 1993.
244 Section 142I amended (Disclosure of personal information in New Zealand) (1) After section 142I(1), insert: (1A) The Director-General may disclose the personal information to an intelligence and security agency only if the Director-General believes, on reasonable grounds, that the disclosure of the information is necessary to enable the agency to perform any of its functions under section 10, 11, 13, or 14 of the Intelligence and Security Act 2017.
(2) In section 142I(2), replace “information to agencies” with “personal informa‐ tion to other agencies”.

(3) After section 142I(5), insert: (6) In this section, intelligence and security agency means— (a) (b) the New Zealand Security Intelligence Service: the Government Communications Security Bureau.
126 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 247 Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995 245 Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995 Sections 246 to 249 amend the Births, Deaths, Marriages, and Relationships Registration Act 1995.

246 Section 2 amended (Interpretation) (1) (2) In section 2, repeal the definition of Director of Security.
In section 2, insert in their appropriate alphabetical order: Director-General of an intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017 intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017 247 Section 65 amended (Request for new identity information for certain witnesses, etc) (1) Replace section 65(1)(b) with: (2) (2) (b) the Director-General of an intelligence and security agency, for the pur‐ pose of protecting the identity of a person who is, has been, or will be an employee.
Replace section 65(2) with: The Minister may give a written direction to the Registrar-General to create new identity information for the person if,— (a) (b) on receiving a request under subsection (1)(a), the Minister is satisfied that it is in the interests of justice that the new identity information be created; or on receiving a request under subsection (1)(b), the Minister is satisfied, having regard to the matters set out in section 26(3) of the Intelligence and Security Act 2017 (which applies with any necessary modifications), that— (i) the person will use the new identity information appropriately; and (ii) it is otherwise appropriate to grant the request.
(3) Replace section 65(4)(b) with: (b) the Director-General of an intelligence and security agency in relation to new identity information created as the result of a request under subsec‐ tion (1)(b).

(4) In section 65(5), repeal the definitions of employee and officer.
127 Part 8 s 248 Intelligence and Security Act 2017 Version as at 24 June 2023 (5) In section 65(5), insert in its appropriate alphabetical order: employee has the meaning given to it by section 22 of the Intelligence and Security Act 2017 248 Section 75F amended (Searches for certain authorised purposes) Replace section 75F(2)(c) with: (c) an intelligence and security agency, if it requires the information for the performance of its functions: 249 Section 78 amended (Restrictions on searches relating to new names of certain witnesses, etc) (1) Replace section 78(5)(b) with: (b) the Director-General of an intelligence and security agency, if the new identity was created as the result of a request made under section 65(1)(b).
(2) Replace section 78(7)(b)(ii) with: (ii) the Director-General of an intelligence and security agency, if the new identity was created as the result of a request made under sec‐ tion 65(1)(b).

(3) In section 78(8), replace “Director of Security” with “Director-General of the relevant intelligence and security agency”.

Amendments to Corrections Act 2004 250 Amendments to Corrections Act 2004 Sections 251 and 252 amend the Corrections Act 2004.
251 Section 3 amended (Interpretation) In section 3(1), definition of official agency, after paragraph (d), insert: (da) the Inspector-General of Intelligence and Security; or 252 Section 117 amended (Authorised disclosure of information) (1) Before section 117(1), insert: (1AAA) An authorised person may disclose a prisoner call only as provided in this section.
(2) Replace section 117(2)(c) with: (c) is necessary to prevent or lessen a serious threat (as defined in section 2(1) of the Privacy Act 1993) to— (i) (ii) public health or public safety; or the life or health of any person; or (3) After section 117(2), insert: 128 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 254 (2A) An authorised person may disclose a prisoner call to an intelligence and secur‐ ity agency only if the authorised person believes, on reasonable grounds, that the disclosure is necessary to enable the agency to perform any of its functions under section 10, 11, 13, or 14 of the Intelligence and Security Act 2017.
(4) After section 117(6), insert: (7) In this section, intelligence and security agency means— (a) (b) the New Zealand Security Intelligence Service: the Government Communications Security Bureau.

Amendments to Crimes Act 1961 253 Amendments to Crimes Act 1961 Sections 254 and 255 amend the Crimes Act 1961.
254 New section 78AA inserted (Wrongful communication, retention, or copying of classified information) After section 78, insert: 78AA Wrongful communication, retention, or copying of classified information (1) Every person specified in subsection (2) is liable to imprisonment for a term not exceeding 5 years if the person, within or outside New Zealand,— (a) (b) (c) knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any classified information to any other person; or knowing that he or she is acting without proper authority, retains or cop‐ ies any classified information; or knowingly fails to comply with any directions issued by a lawful author‐ ity for the return of any classified information that is in his or her posses‐ sion or under his or her control.
(2) Subsection (1) applies to— (a) (b) a person who holds, or has held, a government-sponsored national secur‐ ity clearance to access classified information; or a person to whom classified information has been disclosed in confi‐ dence if— (i) (ii) the disclosure is authorised; and the person knows that the disclosure is in respect of classified information.
(3) In this section,— classified information means— (a) information that— 129 Part 8 s 255 Intelligence and Security Act 2017 Version as at 24 June 2023 (i) (ii) is, or was, official information; and is classified under the New Zealand Government Security Classi‐ fication System as being accessible only to persons who have a national security clearance: (b) foreign government information that is— (i) (ii) classified in a foreign country; and accessible only to persons having a government-sponsored national security clearance New Zealand Government Security Classification System means the secur‐ ity classification system applying to official information that is published (and from time to time amended) on an Internet site maintained by or on behalf of the New Zealand Security Intelligence Service official information has the meaning given to it by section 78A(2).
255 Section 78B amended (Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information) (1) (2) In the heading to section 78B, after “copying of”, insert “classified informa‐ tion or”.

In section 78B(1)(a), (b), and (c), replace “section 78 or section 78A(1)” with “section 78, 78AA(1), or 78A(1)”.
Amendments to Customs and Excise Act 1996 256 Amendments to Customs and Excise Act 1996 Sections 257 and 258 amend the Customs and Excise Act 1996.
257 Section 280M replaced (Direct access to database information for counter- terrorism investigation purposes) Replace section 280M with: 280M Direct access to database information for purposes of counter-terrorism and national security (1) The purpose of this section is to facilitate an agency’s access to information stored in a database for the purpose of assisting the agency to perform its func‐ tions related to, or involving, all or any of the following: (a) the prevention, detection, or investigation of any potential, suspected, or actual— (i) (ii) terrorist act; or facilitation of a terrorist act: (b) national security.
130 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 257 (2) (3) The chief executive of the Customs may, for the purpose of this section, allow the chief executive of an agency to access 1 or more databases to search for information, including personal information.

Before allowing the chief executive of an agency access to any database in accordance with subsection (2), the chief executive of the Customs must enter into a written agreement with the chief executive of the agency.
(4) The written agreement must specify— (a) (b) (c) (d) (e) (f) (g) (h) (i) the database or databases that may be accessed: the particular information that may be accessed: the particular purpose or purposes for which the information is accessed: how the information accessed is to be used by the agency to achieve those particular purposes: the positions or designations of the persons in the agency who may access the database or databases: the records to be kept in relation to each occasion on which a database is accessed: the safeguards that are to be applied for protecting personal information that is disclosed: the requirements relating to storage and disposal of information obtained by the agency from the database or databases: the circumstances (if any) in which the information may be disclosed by the agency to another specified agency, and how that disclosure may be made: (j) the requirements for reviewing the agreement.
(5) An agreement may be varied by the chief executive of the Customs and the chief executive of the agency.

(6) Before entering into an agreement, or varying an agreement, the chief execu‐ tive of the Customs must consult the Privacy Commissioner.
(7) In this section,— access, in relation to a database, includes remote access to the database agency means— (a) a department specified in Schedule 1 of the State Sector Act 1988, other than— (i) (ii) the Government Communications Security Bureau; and the New Zealand Security Intelligence Service: (b) a departmental agency that is part of a department referred to in para‐ graph (a): (c) the New Zealand Police: 131 Part 8 s 258 Intelligence and Security Act 2017 Version as at 24 June 2023 (d) the New Zealand Defence Force chief executive of an agency— (a) means the head of that agency; and (b) includes the Commissioner of Police database means any information recording system or facility used by the Cus‐ toms to store information information— (a) means— (i) any information held by the Customs that relates to goods, passen‐ gers, crew, or craft and the movements of the goods, passengers, crew, or craft: (ii) any other border-related information held by the Customs; and (b) includes, but is not limited to,— (i) (ii) (iii) (iv) (v) arrival and departure information: information specified in section 282(1): biometric information: border information (as defined in section 282D): information collected or generated by the Customs in the course of preventing, detecting, or investigating a border-related offence (as defined in section 132B(1)) terrorist act has the same meaning as in section 5(1) of the Terrorism Suppres‐ sion Act 2002.
258 New section 293A inserted (Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017) After section 293, insert: 293A Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017 Every agreement made under section 280M between the chief executive and the Commissioner of Police that is in force immediately before the commence‐ ment of section 257 of the Intelligence and Security Act 2017 is to be treated as if it were made under section 280M as in force after the commencement of section 257 of that Act.
Amendment to Education Act 1989 259 Amendment to Education Act 1989 Section 260 amends the Education Act 1989.
132 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 264 260 Section 346 amended (Offences) Replace section 346(1) with: (1) An authorised user commits an offence, and is liable on conviction to a fine not exceeding $15,000, if the authorised user uses or discloses a person’s national student number otherwise than— (a) (b) in accordance with the authorisations under section 344 that apply to that user; or as required by section 141 of the Intelligence and Security Act 2017 (to the extent that a permission granted under section 137 or 138 of that Act permits the Director-General of an intelligence and security agency to access information relating to national student numbers).
Amendment to Electronic Identity Verification Act 2012 261 Amendment to Electronic Identity Verification Act 2012 Section 262 amends the Electronic Identity Verification Act 2012.
262 Section 12 amended (Exception to section 11 for certain individuals with new identity information) (1) Replace section 12(2) with: (2) An individual referred to in subsection (1) (a specified individual) is— (a) (b) a person who is, has been, or will be, an undercover Police officer; or an employee of an intelligence and security agency.
(2) (9) Replace section 12(9) with: In this section,— employee has the meaning given to it by section 22 of the Intelligence and Security Act 2017 intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017 undercover Police officer has the meaning given to it by section 65(5) of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
Amendment to Employment Relations Act 2000 263 Amendment to Employment Relations Act 2000 Section 264 amends the Employment Relations Act 2000.
264 New section 172A inserted (Reports from Inspector-General of Intelligence and Security) After section 172, insert: 133 Part 8 s 265 Intelligence and Security Act 2017 Version as at 24 June 2023 172A Reports from Inspector-General of Intelligence and Security (1) This section applies if— (a) (b) any matter that comes before the Authority relates to or arises from a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017 about whether an individual should be granted a security clearance; and a report on the recommendation has not previously been prepared by the Inspector-General of Intelligence and Security under section 185 of that Act.
(2) The Authority must request the Inspector-General of Intelligence and Security to prepare a report on the recommendation made by the New Zealand Security Intelligence Service.

(3) As soon as practicable after receiving a request under subsection (2), the Inspector-General of Intelligence and Security must prepare and provide a report to the Authority.
(4) To enable the Inspector-General of Intelligence and Security to prepare a report, the Authority must provide to the Inspector-General all relevant docu‐ ments within its possession or under its control.

(5) The parties are entitled— (a) (b) to receive a copy of the report; and to make submissions on it to the Authority.

(6) The Authority must have regard to the report prepared by the Inspector-General of Intelligence and Security before making a determination on the matter.
(7) In this section,— Inspector-General of Intelligence and Security means the Inspector-General of Intelligence and Security holding office under section 157 of the Intelligence and Security Act 2017 New Zealand Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7 of the Intelligence and Security Act 2017.

Amendments to Immigration Act 2009 265 Amendments to Immigration Act 2009 Sections 266 to 279 amend the Immigration Act 2009.
266 Section 3 amended (Purpose) Replace section 3(2)(c) with: (c) allows for the management of persons crossing the border by setting requirements that apply to— 134 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 270 (i) (ii) persons arriving, or intending to arrive, in New Zealand; and persons departing, or intending to depart, from New Zealand; and 267 Section 4 amended (Interpretation) (1) In section 4, replace the definition of approved system with: approved system means a system, including an electronic system, approved by the chief executive for the purpose of— (a) (b) (c) providing information to the chief executive under section 96; or giving notice under section 97(2) of a decision made under section 97(1); or giving notice under section 97A(3) of a decision made under section 97A(1) (2) In section 4, insert in its appropriate alphabetical order: scheduled international service means a series of flights or voyages that are— (a) performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or terri‐ tory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published time‐ table; and (b) operated in such a manner that each flight or voyage is open to use by members of the public 268 Section 9A amended (Meaning of mass arrival group) In section 9A(2), delete “(within the meaning of section 96(4))”.
269 Section 29 amended (Automated decision making in advance passenger processing) In section 29, after “section 97(1)”, insert “or 97A(1)”.
270 Section 96 replaced (Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand) Replace section 96 with: 96 (1) Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure This section applies to a carrier, and a person in charge, of a commercial craft if— (a) one of the following applies: 135 Part 8 s 271 Intelligence and Security Act 2017 Version as at 24 June 2023 (i) (ii) (iii) (iv) the craft is scheduled to travel to New Zealand in the course of a scheduled international service: it is proposed that the craft travel to New Zealand from another country: the craft is scheduled to travel from New Zealand in the course of a scheduled international service: it is proposed that the craft travel from New Zealand to another country; and (b) the chief executive has notified the carrier, or a person in charge, of the craft that the carrier or person in charge of the craft must comply with this section.
(2) A carrier, or a person in charge, of a commercial craft must— (a) (b) obtain from every person who intends to board the craft for the purpose of travelling to, or from, New Zealand the advance passenger processing information prescribed for the purposes of this subsection; and provide that information to the chief executive, by means of an approved system, before the departure of the craft to travel to, or from, New Zea‐ land.
(3) The chief executive may, by notice in writing, in any specified circumstances, exempt a carrier, or person in charge, of a commercial craft from complying with some or all of the requirements under subsection (2).
271 Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand) (1) (2) (1) Replace the heading to section 97 with “Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand”.
Replace section 97(1) with: The chief executive may decide that a person in relation to whom information has been received under section 96(2) and who intends to board a commercial craft for the purpose of travelling to New Zealand— (a) may board the craft; or (b) may not board the craft; or (c) may board the craft only if he or she complies with conditions specified by the chief executive.
(3) Replace section 97(2)(a) with: (a) must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) of a decision made under subsection (1); and (4) Replace section 97(6) with: 136 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 273 (6) Nothing in section 305 applies to the chief executive when he or she is giving a notification under subsection (2).
272 New section 97A inserted (Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand) After section 97, insert: 97A Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand (1) The chief executive may decide that a person in relation to whom information has been received under section 96(2) and who intends to board a commercial craft for the purpose of travelling from New Zealand— (a) may board the craft; or (b) may not board the craft; or (c) may board the craft only if he or she complies with conditions specified by the chief executive.
(2) The chief executive may make a decision under subsection (1)(b) or (c) only if the chief executive has reason to believe that the person is attempting to travel on— (a) (b) a lost, stolen, or invalid passport or certificate of identity; or a forged, false, fraudulently obtained, or improperly altered passport or certificate of identity; or (c) a passport or certificate of identity that does not relate to that person.
(3) The chief executive— (a) must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) of a decision made under subsection (1); and (b) may do so in any form that he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and (c) may do so in any manner that he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification.
(4) Nothing in section 305 applies to the chief executive when he or she is giving a notification under subsection (3).

273 Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand) Repeal section 101(5).
137 Part 8 s 274 Intelligence and Security Act 2017 Version as at 24 June 2023 274 Section 102 amended (Obligations of carriers, and persons in charge, of craft to provide information) Replace section 102(2) to (4) with: (2) A carrier, and a person in charge, of a commercial craft who is required under section 96 to provide information to the chief executive must also provide to the chief executive the information prescribed for the purposes of this section about every person who intends or intended to board the craft for the purpose of— (a) (b) travelling to New Zealand, including persons who did not board the craft for any reason (including because of a decision made by the chief execu‐ tive under section 97); or travelling from New Zealand, including persons who did not board the craft for any reason (including because of a decision made by the chief executive under section 97A).
(3) The chief executive may, by notice in writing, in any specified circumstances, exempt a carrier, or a person in charge, of a commercial craft from complying with some or all of the requirements under subsection (2).
(4) Despite being granted an exemption, a carrier, or a person in charge, of a com‐ mercial craft must provide to the chief executive— (a) (b) some or all of the information required under subsection (2)(a) if reques‐ ted by the chief executive not more than 14 days before or after the arrival of the craft in New Zealand; or some or all of the information required under subsection (2)(b) if reques‐ ted by the chief executive not more than 14 days before or after the departure of the craft from New Zealand.
275 Section 303 amended (Disclosure of information to enable specified agencies to check identity and character) (1) In section 303(4), replace “to which subsection (6) applies” with “entered into in accordance with section 303C”.

(2) Repeal section 303(6).
276 New sections 303A to 303C inserted After section 303, insert: 303A Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security (1) The purpose of this section is to enable the disclosure of information by the Department to a specified agency to allow that agency a longer period of time to— (a) identify any person of interest who is intending to board a craft for the purpose of travelling from New Zealand; and 138 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 276 (2) (3) (4) (b) perform any of its functions, or exercise any of its powers, in relation to an identified person of interest before that person departs from New Zea‐ land.
For the purpose of this section, the chief executive of a specified agency may supply to the chief executive of the Department personal information about a person of interest.

The chief executive of the Department may compare the information received under subsection (2) about a person of interest with APP information that he or she holds.
If the chief executive of the Department holds APP information about the per‐ son of interest, he or she may, under an agreement entered into in accordance with section 303C,— (a) notify the chief executive of the specified agency that the person of interest intends to board a craft for the purpose of travelling from New Zealand; and (b) disclose to that chief executive— (i) (ii) the APP information held by the chief executive of the Depart‐ ment about the person of interest; and any other information held by the chief executive of the Depart‐ ment about the person’s intended travel (for example, when and where the person checked in).
(5) In this section,— APP information means advance passenger processing information that the chief executive of the Department has received under section 96(2) about per‐ sons intending to board a craft for the purpose of travelling from New Zealand chief executive of a specified agency means the head of that specified agency person of interest means a person of interest to the chief executive of a speci‐ fied agency because the chief executive believes on reasonable grounds that the person may attempt to leave New Zealand and that the person— (a) poses a threat or risk to the security of New Zealand or another country because the person intends to engage in, or facilitate,— (i) (ii) (iii) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or the proliferation of weapons of mass destruction; or any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; or (b) is— (i) a person under control or supervision (as defined in section 3(1) of the Corrections Act 2004); or 139 Part 8 s 276 Intelligence and Security Act 2017 Version as at 24 June 2023 (ii) (iii) (iv) (v) (vi) on bail with an electronic monitoring condition granted under sec‐ tion 30B of the Bail Act 2000; or liable to be arrested (with or without a warrant) by an employee or agent of a specified agency; or suspected of escaping from lawful custody; or suspected of being a perpetrator or victim of an offence under sec‐ tion 98D of the Crimes Act 1961 (trafficking in persons); or suspected of being involved in the unlawful movement of illegal goods; or (vii) a person who poses a risk, for any reason, to the safety of other passengers, the crew, or craft personal information, in relation to a person of interest, includes the follow‐ ing information: (a) the person’s— (i) (ii) (iii) (iv) (v) full name; and date of birth; and place of birth; and nationality; and gender; and (b) the details specified in the person’s passport or
 certificate of identity, if known, including— (i) (ii) (iii) the passport or certificate of identity number; and the expiry date; and the issuer of the person’s certificate of identity (if any), if it is not the person’s country of nationality specified agency means— (a) (b) (c) (d) the New Zealand Police: the department of State responsible for the administration of the Correc‐ tions Act 2004: the department of State responsible for the administration of the Cus‐ toms and Excise Act 1996: the Civil Aviation Authority of New Zealand established under section 72A(1) of the Civil Aviation Act 1990.
140 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 276 303B Direct access to information for purposes of law enforcement, counter- terrorism, and security (1) (2) (3) For the purpose of section 303A, the chief executive of the Department may allow the chief executive of a specified agency to access the APP information database or databases to search for information relating to a person of interest.
Before allowing the chief executive of a specified agency access to the APP information, the chief executive of the Department must enter into an agree‐ ment with the specified agency in accordance with section 303C.
The agreement must specify, in addition to the matters set out in section 303C(2)(d) to (h),— (a) (b) (c) (d) (e) (f) the particular information that may be accessed: the particular purpose or purposes for which the information may be accessed: the positions or designations of the persons in the specified agency who may access the database or databases: the records to be kept in relation to each occasion on which a database is accessed: the safeguards that are to be applied for protecting personal information that is accessed: the requirements relating to storage and disposal of information obtained by the specified agency from the database: (g) the requirements for reviewing the agreement.
(4) In this section,— access, in relation to a database, includes remote access to the database APP information, chief executive of a specified agency, specified agency, and person of interest have the meanings given to them by section 303A(5) APP information database means the database of APP information database means any information recording system or facility used by the Department to store or process information.
303C Requirements for agreements entered into under section 303, 303A, or 303B (1) This section applies to an agreement entered into under section 303, 303A, or 303B.
(2) An agreement— Making (a) must not be made until the chief executive of the Department has consul‐ ted the Privacy Commissioner: 141 Part 8 s 277 Intelligence and Security Act 2017 Version as at 24 June 2023 (b) must be made between the chief executive of the Department and the chief executive of the specified agency: (c) must be in writing: Contents (d) must state the criteria for the disclosure under it of information by the Department to the specified agency: (e) must state the use that the specified agency may make of the information disclosed to it: (f) must— (i) (ii) state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information: (g) may state the form in which the information may be disclosed: (h) may state the method by which the information may be disclosed: (i) (j) Varying may be varied: must not be varied until the chief executive of the Department has con‐ sulted the Privacy Commissioner: Reviews and reports (k) must, if the Privacy Commissioner requires, provide that the agreement, and the arrangements for disclosure under it, be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months.
277 Section 349 amended (Offences relating to carriers, and persons in charge, of craft) (1) Replace section 349(1)(b) with: (b) allows a person to travel to, or from, New Zealand before a decision has been made by the chief executive under section 97(1) or 97A(1); or (2) After section 349(1)(c), insert: (ca) having been notified under section 97A(3) of a decision made by the chief executive under section 97A(1)(b) or (c), fails without reasonable excuse to ensure that the person to whom the decision relates complies with it; or 142 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 282 278 Section 366 amended (Evidence in proceedings: certificates in relation to persons) (1) After section 366(2)(22), insert: (22A) the person did or did not travel from New Zealand before a decision was made by the chief executive under section 97A(1); or (2) After section 366(2)(23), insert: (23A) the person travelled from New Zealand contrary to a decision made by the chief executive under section 97A(1)(b) or (c); or 279 Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand) In section 402(a), after “travelling to”, insert “or from”.
Amendments to Land Transport Act 1998 280 Amendments to Land Transport Act 1998 Sections 281 and 282 amend the Land Transport Act 1998.
281 Section 24A amended (Authorised persons may request driver licences for certain persons) (1) Replace section 24A(1)(b) with: (b) the Director-General of an intelligence and security agency, for the pur‐ pose of protecting the identity of a person who is, has been, or will be an employee: (2) Replace section 24A(4)(b) with: (b) the Director-General of an intelligence and security agency, in relation to new identity information created as the result of a request under subsec‐ tion (1)(b); or (3) In section 24A(5), repeal the definitions of Director of Security, employee, and officer.
(4) In section 24A(5), insert in their appropriate alphabetical order: Director-General of an intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017 employee, in relation to an intelligence and security agency, has the meaning given to it by section 22 of the Intelligence and Security Act 2017 intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017 282 Section 200 amended (Restrictions on access to photographic images of driver licence holders) Replace section 200(1) with: 143 Part 8 s 283 Intelligence and Security Act 2017 Version as at 24 June 2023 (1) No person other than a person acting in the course of the person’s official duties as an employee of the Agency may access or use any photographic image stored under section 28(5).
(1A) Subsection (1) is subject to— (a) (b) (c) subsections (2), (3), and (4): section 141 of the Intelligence and Security Act 2017: Part 10A of the Privacy Act 1993.

Section 282: amended, on 22 August 2017, by section 38 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).

Amendments to Passports Act 1992 283 Amendments to Passports Act 1992 Sections 284 to 310 amend the Passports Act 1992.
284 Section 2 amended (Interpretation) In section 2, insert in their appropriate alphabetical order: Chief Commissioner of Intelligence Warrants means the Chief Commis‐ sioner of Intelligence Warrants appointed under section 112 of the Intelligence and Security Act 2017 Commissioner of Intelligence Warrants means a Commissioner of Intelli‐ gence Warrants appointed under section 112 of the Intelligence and Security Act 2017 285 Section 4 amended (Issue of passport) In section 4(1), replace “4A” with “27GA”.
286 Section 4A repealed (Refusal to issue passport on grounds of national security) Repeal section 4A.

287 Section 8A repealed (Cancellation of passport on grounds of national security) Repeal section 8A.

288 Section 9 amended (Cancellation of passport on other grounds) (1) After section 9(1), insert: (1AA) The Minister may, under section 27GA, recall a New Zealand passport, and cancel it or retain possession of it.

(2) In section 9(2), replace “this section” with “subsection (1) or (1A)”.
144 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 298 289 Section 11 amended (Delivery of recalled passport) In section 11(1), after “sections 8 to 10”, insert “or section 27GA”.

290 Section 11A amended (Warnings on New Zealand travel document database) In section 11A(a), replace “and 27F” with “27F, and 27GA”.
291 Section 20 amended (Cancellation of certificate of identity) After section 20(1), insert: (1AA) The Minister may, under section 27GA, recall any certificate of identity issued to any person by or on behalf of the Government of New Zealand, and cancel it or retain possession of it.

292 Section 20A repealed (Cancellation of certificate of identity on grounds of national security) Repeal section 20A.
293 Section 22 amended (Delivery of recalled certificate of identity) In section 22(1), replace “section 20 or section 20A or section 21” with “sec‐ tion 20, 21, or 27GA”.
294 Section 23 amended (Issue of emergency travel document) Replace section 23(3)(a) with: (a) the person has under section 27GA been refused a passport, or under that section has had his or her passport or emergency travel document cancel‐ led; and 295 Section 25 amended (Cancellation of emergency travel document) After section 25(1), insert: (1AA) The Minister may, under section 27GA, recall an emergency travel document, and cancel it or retain possession of it.
296 Section 25A repealed (Cancellation of emergency travel document on grounds of national security) Repeal section 25A.

297 Section 27 amended (Delivery of recalled emergency travel document) In section 27(1), replace “section 25 or section 25A or section 26” with “sec‐ tion 25, 26, or 27GA”.

298 Section 27A amended (Issue of refugee travel document) In section 27A(1), replace “section 27B” with “section 27GA”.
145 Part 8 s 299 Intelligence and Security Act 2017 Version as at 24 June 2023 299 Section 27B repealed (Refusal to issue refugee travel document on grounds of national security) Repeal section 27B.

300 Section 27D amended (Cancellation of refugee travel document) After section 27D(1), insert: (1AA) The Minister may, under section 27GA, recall a New Zealand refugee travel document, and cancel it or retain possession of it.
301 Section 27E repealed (Cancellation of refugee travel document on grounds of national security) Repeal section 27E.

302 Section 27G amended (Delivery of recalled refugee travel document) In section 27G(1), replace “section 27D or section 27E or section 27F” with “section 27D, 27F, or 27GA”.
303 New sections 27GA to 27GF and cross-heading inserted After section 27G, insert: National and international security 27GA Refusal to issue, or cancellation or retention of, New Zealand travel document on grounds of national or international security (1) The Minister may decide to take any action specified in subsection (3) in rela‐ tion to a person if the Minister has reasonable cause to believe— (a) the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,— (i) (ii) (iii) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or the proliferation of weapons of mass destruction; or any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; and (b) (c) the taking of that action will prevent or effectively impede the ability of the person to do any of the activities specified in paragraph (a); and the danger to the security of New Zealand cannot be effectively averted other than by taking an action specified in subsection (3).
(2) The Minister may also decide to take any action specified in subsection (3) in relation to a person if the Minister has reasonable cause to believe— (a) the person is a danger to the security of a country other than New Zea‐ land because the person intends to engage in, or facilitate,— 146 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 303 (i) a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or (ii) the proliferation of weapons of mass destruction; and (b) (c) the taking of that action will prevent or effectively impede the ability of the person to do either of the activities specified in paragraph (a); and the danger to the security of that country cannot be effectively averted other than by taking an action specified in subsection (3).
(3) In any case to which subsection (1) or (2) applies, the Minister may— (a) (b) (c) refuse to issue a New Zealand passport to the person: recall the person’s New Zealand passport, and— (i) (ii) cancel it; or retain possession of it: recall the person’s certificate of identity issued by or on behalf of the New Zealand Government, and— (i) (ii) cancel it; or retain possession of it: (d) recall the person’s emergency travel document (not being a journey-spe‐ cific emergency travel document issued under section 23(3)), and— (i) (ii) cancel it; or retain possession of it: (e) (f) refuse to issue a New Zealand refugee travel document to the person: recall the person’s New Zealand refugee travel document, and— (i) (ii) cancel it; or retain possession of it.
(4) (5) The Minister may take any of the actions specified in subsection (3)(a) to (e) whether or not the person is in New Zealand.

The Minister may take the action specified in subsection (3)(f) only if the per‐ son is in New Zealand.
Compare: 1992 No 92 Schedule 2 cls 1(1)–(3), 2(1)–(3), 3(1)–(3), 4(1)–(3), 5(1)–(3), 6(1), (2), (9) (pre-1 April 2017) 27GB Chief Commissioner of Intelligence Warrants to be notified of action taken under section 27GA (1) If the Minister takes an action specified in section 27GA(3) in relation to a per‐ son, the Minister must notify the Chief Commissioner of Intelligence Warrants of— (a) (b) the action that has been taken; and the reasons for the taking of that action.
147 Part 8 s 303 Intelligence and Security Act 2017 Version as at 24 June 2023 (2) The Minister must arrange for all documents that he or she considered when deciding to take the action to be referred to the Chief Commissioner of Intelli‐ gence Warrants.
27GC Person to be notified of action taken under section 27GA (1) If the Minister takes an action specified in section 27GA(3) in relation to a per‐ son, the Minister must, as soon as practicable, notify the person of— (a) (b) (c) (d) the action that has been taken; and the date on which the decision to take that action was made; and the reasons for making that decision; and the period during which the person is not entitled to obtain a New Zea‐ land travel document.
(2) However, the Minister may defer notifying the person of the matters specified in subsection (1) for a period not exceeding 30 days after taking the action if the Minister is satisfied that giving notice sooner may prejudice an ongoing investigation or put the security or safety of any person at risk.

(3) Notice under this section is to be treated as given if the Minister has taken all practicable steps to provide it.
Compare: 1992 No 92 Schedule 2 cls 1(4)(a), (5), 2(4)(a), (5), 3(4)(a), (5), 4(4)(a), (5), 5(4)(a), (5), 6(4)(a), (5) (pre-1 April 2017) 27GD Person not entitled to obtain New Zealand travel document if action taken under section 27GA (1) If the Minister takes an action specified in section 27GA(3) in relation to a per‐ son, the person is not entitled to obtain a New Zealand travel document during the 12-month period (the disqualification period) starting with the date on which the decision to take the action was made, unless that decision is— (a) (b) revoked by the Minister; or set aside by a court.
(2) Despite subsection (1), the Minister may decide to specify a longer disqualifi‐ cation period in the notice given under section 27GC(1), not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to the security of New Zealand or any other country for longer than 12 months.
(3) If the disqualification period exceeds 12 months,— (a) the person may, within 30 days after the date on which the notice was given under section 27GC(1), make a written submission to the Minister about the length of the disqualification period and, if a submission is made, the Minister must review the length of the disqualification period, having regard to the person’s submission; and 148 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 303 (4) (5) (b) the Minister must, every 12 months after the date on which the notice was given under section 27GC(1) (unless the disqualification period has sooner expired), review the decision made under subsection (2) by— (i) (ii) inviting the person to make a written submission to the Minister about the decision; and determining whether the decision should be revoked or amended having regard to the person’s submission (if any).
The Minister may, at any time before the expiry of the disqualification period, apply to the High Court for an order to extend the disqualification period for a further period not exceeding 12 months.
The High Court must make the order applied for under subsection (4) if satis‐ fied that— (a) (b) the information presented in support of the application is credible, hav‐ ing regard to its source or sources; and the information reasonably supports a finding that there continue to be grounds for the Minister to make a decision under section 27GA(1) or (2) in relation to the person who is subject to the disqualification period.
Compare: 1992 No 92 Schedule 2 cls 1(4)(b), (6)–(9), 2(4)(b), (6)–(9), 3(4)(b), (6)–(9), 4(4)(b), (6)– (9), 5(4)(b), (6)–(9), 6(3)(b), (5)–(8) (pre-1 April 2017) 27GE Temporary suspension of New Zealand travel documents pending decision under section 27GA (1) The Minister may suspend a person’s New Zealand travel document for a period not exceeding 10 working days if the Minister— (a) (b) is investigating or considering whether to take an action under section 27GA; and is satisfied that the person is likely to travel overseas before a decision under that section is made.
(2) (3) The Minister may mark the electronic record of a New Zealand travel docu‐ ment on a New Zealand travel document database with a warning to indicate that the New Zealand travel document has been suspended.

If it subsequently becomes apparent that the grounds for taking an action under section 27GA cannot be established,— (a) (b) the suspension lapses; and the Minister must remove the warning (if any) marked on the electronic record of the New Zealand travel document under subsection (2).
Compare: 1992 No 92 Schedule 2 cl 7 (pre-1 April 2017) 27GF Review of Minister’s decision under section 27GA (1) If the Chief Commissioner of Intelligence Warrants receives notice under sec‐ tion 27GB that the Minister has taken an action under section 27GA, the Chief 149 Part 8 s 304 Intelligence and Security Act 2017 Version as at 24 June 2023 Commissioner of Intelligence Warrants must arrange for a Commissioner of Intelligence Warrants to conduct a review of the Minister’s decision to take that action.
(2) A Commissioner of Intelligence Warrants must review the Minister’s decision by— (a) assessing the documents referred by the Minister under section 27GB(2); and (b) considering whether the documents reasonably support the decision.
(3) If the Commissioner of Intelligence Warrants considers that the documents do not reasonably support the Minister’s decision, the Commissioner of Intelli‐ gence Warrants must prepare a report of the review— (a) (b) recommending that the Minister reconsider his or her decision; and stating the reasons for that recommendation.
(4) The Minister must, after receiving a report under subsection (3),— (a) (b) reconsider his or her decision and either confirm, vary, or revoke it; and notify the person in respect of whom the action under section 27GA was taken of— (i) (ii) the recommendation of the Commissioner of Intelligence War‐ rants and the reasons for it; and the outcome of the Minister’s reconsideration of his or her deci‐ sion.
304 Section 27I amended (Electronic cancellation of New Zealand travel documents) Replace section 27I(1) and (2) with: (1) The Minister may cancel a New Zealand travel document under any of sections 8, 9, 9A, 20, 25, 27D, 27GA, and 27H by electronically recording the cancella‐ tion of that travel document on a New Zealand travel document database.
(2) Despite any provision in any of sections 8, 9, 9A, 20, 25, 27D, and 27GA, the Minister need not recall a New Zealand travel document, under the relevant section, nor have possession of the document, before cancelling it in accord‐ ance with subsection (1).

305 Section 28 amended (Appeal to High Court) In section 28(5A), replace “on grounds of national security” with “under sec‐ tion 27GA”.
306 Section 29 amended (Appeal to Court of Appeal in certain cases) (1) Replace section 29(1A) with: 150 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 308 (1A) Any party who is dissatisfied with a decision of the High Court under section 27GD(5) to extend the period for which a person is not entitled to obtain a New Zealand travel document may, with the leave of the court, or, if the court refu‐ ses leave, with the leave of the Court of Appeal, appeal to the Court of Appeal.
(2) Replace section 29(3A) with: (3A) This section is subject to sections 29AA to 29AC in the case of an appeal relat‐ ing to— (a) (b) a decision of the Minister under section 27GA to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document; or a decision of the High Court under section 27GD(5) to extend the period during which a person is not entitled to obtain a New Zealand travel document.
307 Cross-heading above section 29AA replaced Replace the cross-heading above section 29AA with: Special provision for proceedings where national or international security involved 308 Section 29AA amended (Proceedings where national security involved) (1) (2) (1) Replace the heading to section 29AA with “Proceedings where national or international security involved”.
Replace section 29AA(1) and (2) with: This section applies to the following proceedings: (a) (b) (c) an application to the High Court by the Minister under section 27GD(4) for an order extending the period during which a person is not entitled to obtain a New Zealand travel document, and any appeal under section 29(1A) against such an order: an appeal under section 28 or 29 relating to a decision of the Minister under section 27GA to refuse to issue a New Zealand passport or refugee travel document, or to cancel or retain a New Zealand travel document: an appeal under section 28 or 29 relating to a decision of the Minister to refuse to issue a certificate of identity under section 16 or an emergency travel document under section 23, where the Minister certifies that he or she had reasonable cause to believe— (i) the person concerned was a danger to the security of New Zealand or another country because the person intended to engage in, or facilitate, an activity of a kind described in section 27GA(1)(a) or (2)(a); and 151 Part 8 s 309 Intelligence and Security Act 2017 Version as at 24 June 2023 (ii) the refusal to issue the certificate of identity or emergency travel document concerned would prevent or effectively impede the abil‐ ity of the person to carry out that intended activity; and (iii) the danger to the security of New Zealand or the other country could not be effectively averted by other means: (d) an application for judicial review of a decision made by the Minister under section 27GA or 27GD.
(2) In hearing an appeal to which this section applies, the court must determine whether— (a) the information that led to the decision is credible, having regard to its source or sources; and (b) the information reasonably supports a finding that— (i) (ii) the person concerned is a danger to the security of New Zealand or another country because the person intends to engage in, or facilitate, an activity of a kind described in section 27GA(1)(a) or (2)(a); and the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will pre‐ vent or effectively impede the ability of the person to carry out that intended activity; and (iii) the danger to the security of New Zealand or the other country cannot be effectively averted by other means.
(3) Replace section 29AA(5)(a) with: (a) relevant to whether there are or may be grounds for believing that— (i) (ii) the person concerned is a danger to the security of New Zealand or another country because the person intends to engage in, or facilitate, an activity of a kind described in section 27GA(1)(a) or (2)(a); or the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will pre‐ vent or effectively impede the ability of the person to carry out the intended activity; or (iii) the danger to the security of New Zealand or the other country cannot be effectively averted by other means; and 309 Section 29AB amended (Proceedings involving classified security information) After section 29AB(4), insert: (4A) If at any time a decision is made to withdraw any classified security informa‐ tion,— 152 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 313 (a) the classified security information— (i) must be kept confidential and must not be disclosed by the court; and (ii) must be returned to the relevant agency; and (b) the court must continue to make the decision or determine the proceed‐ ings— (i) (ii) without regard to that classified security information; and in the case of an appeal or a review of proceedings, as if that information had not been available in making the decision subject to the appeal or review.
Compare: 1992 No 92 Schedule 2 cl 8(2) (pre-1 April 2017) 310 New section 37B inserted (Crown liability) After section 37A, insert: 37B Crown liability (1) (2) This section applies to any decision made under section 27GA, 27GD, or 27GE.
The Crown is not liable to any person for any loss or damage as a result of, or in connection with, a decision referred to in subsection (1) unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.

Compare: 1992 No 92 Schedule 2 cl 9 (pre-1 April 2017) 311 Section 46 repealed (Transitional provision) Repeal section 46.
Amendments to Privacy Act 1993 312 Amendments to Privacy Act 1993 Sections 313 to 317 amend the Privacy Act 1993.
313 Section 2 amended (Interpretation) (1) In section 2(1), replace the definition of intelligence organisation with: intelligence and security agency means— (a) (b) the New Zealand Security Intelligence Service: the Government Communications Security Bureau (2) In section 2(1), definition of organisation, replace paragraph (b)(ii) with: (ii) an intelligence and security agency 153 Part 8 s 314 Intelligence and Security Act 2017 Version as at 24 June 2023 314 Section 6 amended (Information privacy principles) (1) (2) In section 6, principle 10, insert as subclause (2): In addition to subclause (1), an intelligence and security agency that holds per‐ sonal information that was obtained in connection with one purpose may use the information for any other purpose (a secondary purpose) if the agency believes on reasonable grounds that the use of the information for the secon‐ dary purpose is necessary to enable the agency to perform any of its functions.
(2) In section 6, principle 11, after paragraph (f), insert: (fa) that the disclosure of the information is necessary to enable an intelli‐ gence and security agency to perform any of its functions; or 315 Section 57 replaced (Intelligence organisations) Replace section 57 with: 57 Exemption for intelligence and security agencies Information privacy principles 2, 3, and 4(b) do not apply to information col‐ lected by an intelligence and security agency.
316 Cross-heading above section 81 amended In the cross-heading above section 81, replace “intelligence organisations” with “intelligence and security agencies”.
317 Section 81 replaced (Special procedure relating to intelligence organisations) Replace section 81 with: 81 Special procedure relating to intelligence and security agencies (1) Nothing in sections 76, 77, and 82 to 89 applies to— (a) (b) any complaint made under this Part in relation to an action of an intelli‐ gence and security agency; or any investigation conducted under this Part in relation to an action of an intelligence and security agency.
(2) If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and secur‐ ity agency a report setting out— (a) (b) his or her opinion; and the reasons for that opinion.

(3) A report provided under subsection (2) may include any recommendations the Commissioner considers appropriate.
154 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 320 (4) When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify him or her within a specified time of any steps the agency proposes to take in response to the report and to any rec‐ ommendations included in the report.
(5) If, within a reasonable time after any report is made, no steps are taken by the intelligence and security agency in response to the report that seem to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister.

(6) As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Rep‐ resentatives.
Amendments to Protected Disclosures Act 2000 318 Amendments to Protected Disclosures Act 2000 Sections 319 and 320 amend the Protected Disclosures Act 2000.
319 Section 3 amended (Interpretation) In section 3(1), insert in its appropriate alphabetical order: classified information has the meaning given to it by section 78AA of the Crimes Act 1961 320 Sections 12 and 13 replaced Replace sections 12 and 13 with: 12 Special rules on procedures of organisations relating to intelligence and security matters (1) This section applies to— (a) (b) an intelligence and security agency; and any other organisation in the public sector that holds or has access to— (i) (ii) classified information; or information relating to the activities of an intelligence and secur‐ ity agency.
(2) An organisation to which this section applies must have internal procedures that— (a) provide that the persons to whom a disclosure of information described in subsection (1)(b) may be made must be persons holding an appropri‐ ate security clearance and be authorised to have access to the informa‐ tion; and (b) state that the only appropriate authority to whom information described in subsection (1)(b) may be disclosed is the Inspector-General of Intelli‐ gence and Security; and 155 Part 8 s 321 Intelligence and Security Act 2017 Version as at 24 June 2023 (c) (d) invite any employee who has disclosed, or is considering the disclosure of, information described in subsection (1)(b) under this Act to seek information and guidance from the Inspector-General of Intelligence and Security, and not from an Ombudsman; and state that no disclosure of information described in subsection (1)(b) may be made to an Ombudsman or to a Minister of the Crown other than— (i) the Minister responsible for an intelligence and security agency; or (ii) the Prime Minister.
13 (1) Special rules on procedures of certain organisations relating to international relations This section applies to the internal procedures of the following agencies to the extent that those procedures relate to the disclosure of information (other than classified information) concerning the international relations of the Govern‐ ment of New Zealand: (a) (b) (c) (d) the Department of the Prime Minister and Cabinet; and the Ministry of Foreign Affairs and Trade; and the Ministry of Defence; and the New Zealand Defence Force.
(2) The internal procedures must— (a) (b) (c) state that the only appropriate authority to whom information may be disclosed is an Ombudsman; and invite any employee who has disclosed, or is considering the disclosure of, information under this Act to seek information and guidance from an Ombudsman; and state that no disclosure may be made to a Minister of the Crown other than— (i) (ii) the Prime Minister; or the Minister responsible for foreign affairs and trade.
Amendments to Public Finance Act 1989 321 Amendments to Public Finance Act 1989 Sections 322 to 324 amend the Public Finance Act 1989.

322 Section 2 amended (Interpretation) In section 2(1), definition of department, repeal paragraph (a)(iv).
156 Version as at 24 June 2023 Intelligence and Security Act 2017 Part 8 s 329 323 Section 15A amended (Main Appropriation Bill: supporting information relating to appropriations) In section 15A(4)(a), replace “subsection (2)(a) and (c) do” with “subsection (2)(c) does”.
324 Section 45E amended (Application of this Part to intelligence and security departments) (1) Replace section 45E(1)(a) with: (a) section 40 must be read as if the discretion conferred on the Minister by section 40(2)(d)(ii) were only able to be exercised with the agreement of the responsible Minister; and (2) (3) Repeal section 45E(1)(b).

Replace section 45E(1)(c) with: (c) section 221 of the Intelligence and Security Act 2017 is substituted for sections 43 and 44.
Amendment to Remuneration Authority Act 1977 325 Amendment to Remuneration Authority Act 1977 Section 326 amends the Remuneration Authority Act 1977.
326 Schedule 4 amended In Schedule 4, insert in their appropriate alphabetical order: The Commissioners of Intelligence Warrants The Inspector-General of Intelligence and Security and the Deputy Inspector- General of Intelligence and Security Amendments to Search and Surveillance Act 2012 327 Amendments to Search and Surveillance Act 2012 Sections 328 and 329 amend the Search and Surveillance Act 2012.
328 Subpart 8 heading in Part 2 amended In Part 2, in the subpart 8 heading, after “78”, insert “or 78AA”.

329 Section 25 amended (Warrantless searches if offence against section 78 of Crimes Act 1961 suspected) (1) (2) In the heading to section 25, after “78”, insert “or 78AA”.

In section 25(2)(a), after “section 78”, insert “or 78AA”.
157 Part 8 s 330 Intelligence and Security Act 2017 Version as at 24 June 2023 Amendments to State Sector Act 1988 330 Amendments to State Sector Act 1988 Sections 331 and 332 amend the State Sector Act 1988.

331 Section 44 amended (Special provisions in relation to certain chief executives) (1) Replace section 44(1) with: (1) Nothing in sections 35, 36, 38, 39, and 43 applies in respect of the State Ser‐ vices Commissioner.
(2) (2) Replace section 44(2) with: For the purposes of this Act,— (a) (b) the Solicitor-General is the chief executive of the Crown Law Office: the State Services Commissioner is the chief executive of the State Ser‐ vices Commission.

332 Schedule 1 amended In Schedule 1, insert in its appropriate alphabetical order: New Zealand Security Intelligence Service Amendment to Tax Administration Act 1994 333 Amendment to Tax Administration Act 1994 Section 334 amends the Tax Administration Act 1994.
334 Section 81 amended (Officers to maintain secrecy) After section 81(4)(s), insert: (sa) allowing the Director-General of an intelligence and security agency (as defined in section 4 of the Intelligence and Security Act 2017), or an employee of that intelligence and security agency authorised by the Director-General for that purpose, access to information specified in a permission given under section 137 or 138 of the Intelligence and Secur‐ ity Act 2017: Consequential amendments 335 Consequential amendments The enactments specified in Schedule 4 are amended in the manner indicated in that schedule.
158 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 1 Schedule 1 Transitional, savings, and related provisions s 5 Part 1 Provisions relating to this Act as enacted 1 2 (1) Interpretation In this Part, commencement date means the date on which this Part comes into force.
Appointment of Director-General of Government Communications Security Bureau The person who immediately before the commencement date held office as the Director of the Government Communications Security Bureau under the Gov‐ ernment Communications Security Bureau Act 2003 continues in that office on and after the commencement date in accordance with subclause (2).
(2) Unless the person resigns or is removed from office or dies, he or she continues to hold office during the period while his or her term of office is unexpired until— (a) (b) the end of the day that is 6 months after the commencement date; or the earlier date on which he or she accepts an offer of appointment from, and agrees to employment arrangements with, the State Services Com‐ missioner.
For the purposes of carrying out the functions of the State Services Commis‐ sioner under subclause (2)(b), sections 35, 37, and 40(1A) of the State Sector Act 1988 do not apply.

If the person ceases to hold office under subclause (2)(a), no compensation is payable for loss of office.
Appointment of Director-General of New Zealand Security Intelligence Service The person who immediately before the commencement date held office as the Director of Security under the New Zealand Security Intelligence Service Act 1969 continues in that office on and after the commencement in accordance with subclause (2).
(3) (4) 3 (1) (2) Unless the person resigns or is removed from office or dies, he or she continues to hold office during the period while his or her term of office is unexpired until— (a) the end of the day that is 6 months after the commencement date; or 159 Schedule 1 Intelligence and Security Act 2017 Version as at 24 June 2023 (3) (4) 4 (1) (2) (b) the earlier date on which he or she accepts an offer of appointment from, and agrees to employment arrangements with, the State Services Com‐ missioner.
For the purposes of carrying out the functions of the State Services Commis‐ sioner under subclause (2)(b), sections 35, 37, and 40(1A) of the State Sector Act 1988 do not apply.

If the person ceases to hold office under subclause (2)(a), no compensation is payable for loss of office.
Other appointments continued The person who, immediately before the commencement date, was appointed under section 5(1)(a) of the Inspector-General of Intelligence and Security Act 1996 as Inspector-General of Intelligence and Security continues to hold that office for the unexpired term of his or her appointment as if he or she had been appointed under section 157 of the Intelligence and Security Act 2017.
The person who, immediately before the commencement date, was appointed under section 5(1)(b) of the Inspector-General of Intelligence and Security Act 1996 as Deputy Inspector-General of Intelligence and Security continues to hold that office for the unexpired term of his or her appointment as if he or she had been appointed under section 164 of the Intelligence and Security Act 2017.
(3) A person who, immediately before the commencement date, was appointed under section 15C of the Inspector-General of Intelligence and Security Act 1996 as a member of the advisory panel continues to hold that office for the unexpired term of his or her appointment as if he or she had been appointed under section 169 of the Intelligence and Security Act 2017.
(4) A person continues to hold office under any of subclauses (1) to (3) on the same terms and conditions that applied to that office immediately before the commencement date, unless or until new terms and conditions are set by the Remuneration Authority.
5 (1) (2) Warrants and authorisations If an application for a warrant or an authorisation has been made under a for‐ mer Act before the commencement date and the application is not finally deter‐ mined before that date, the provisions of the former Act continue to apply to the application and to any matter or obligation relating to the application in all respects as if the former Act had not been repealed.
The provisions of a former Act apply to a continuing warrant or authorisation and to any matter relating to the warrant or authorisation in all respects as if the former Act had not been repealed.
(3) In this clause,— 160 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 1 authorisation means— (a) (b) an authorisation issued under section 4ID of the New Zealand Security Intelligence Service Act 1969: an access authorisation issued under section 15A of the Government Communications Security Bureau Act 2003 continuing warrant or authorisation means a warrant or an authorisation issued under a former Act— (a) (b) before the commencement date; or on or after the commencement date on an application made before that date former Act means— (a) (b) the New Zealand Security Intelligence Service Act 1969: the Government Communications Security Bureau Act 2003 warrant means a warrant of any kind issued under a former Act.
6 Reports of inquiries commenced under Inspector-General of Intelligence and Security Act 1996 Section 185(4) of this Act applies to a report in respect of an inquiry that was commenced under the provisions of the Inspector-General of Intelligence and Security Act 1996 if the report is completed after that section comes into force.
161 Schedule 2 Intelligence and Security Act 2017 Version as at 24 June 2023 Schedule 2 Databases accessible to intelligence and security agencies s 125 Accessing intelligence and security agency Information GCSB and NZSIS Birth information Holder agency Registrar-General Civil union information Death information Marriage information Name change information GCSB and NZSIS Citizenship information Secretary for Internal Affairs Ministry of Business, Innovation, and Employment New Zealand Customs Service New Zealand Police New Zealand Police New Zealand Police Information collected in connection with the performance or exercise of a function, duty, or power under the Immigration Act 2009 Information about border- crossing persons, goods, and craft that has been collected in connection with the performance or exercise of a function, duty, or power under the Customs and Excise Act 1996 Financial intelligence information Information about people and locations identified as posing a possible physical threat to GCSB or NZSIS employees Information about people and firearms collected in connection with the performance or exercise of a function, duty, or power under the Arms Act 1983, to be used for the purpose of assisting Police in determining whether a person is GCSB and NZSIS GCSB and NZSIS GCSB and NZSIS NZSIS NZSIS 162 Version as at 24 June 2023 Accessing intelligence and security agency Note In this schedule,— Intelligence and Security Act 2017 Schedule 2 Information Holder agency a fit and proper person to possess firearms or airguns birth information, death information, marriage information, civil union information, name-change information, and Registrar-General have the meanings given to them by section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 citizenship information means information that relates to the acquisition or loss of citizenship by, or to the citizenship status of, any person financial intelligence information means information held by the Commissioner of Police in the performance of his or her financial intelligence functions specified in sections 142 and 143 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 GCSB means the Government Communications Security Bureau NZSIS means the New Zealand Security Intelligence Service.
Schedule 2: amended, on 24 June 2023, by section 107(2) of the Arms Legislation Act 2020 (2020 No 23).

Schedule 2 note: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
163 Schedule 3 Intelligence and Security Act 2017 Version as at 24 June 2023 Schedule 3 Administrative provisions Contents ss 117, 166, 170, 200 Page Part 1 Provisions relating to Commissioners of Intelligence Warrants Term of office of Commissioners Removal from office Remuneration and expenses Protection of Commissioners Disclosure of interests Part 2 Provisions relating to Inspector-General and Deputy Inspector- General Term of office of Inspector-General and Deputy Inspector-General Filling of vacancy Removal or suspension from office Remuneration and expenses Disclosure of interests Staff Inspector-General and others protected Part 3 Provisions relating to advisory panel Term of office of members Removal from office Remuneration and expenses Procedure of advisory panel Part 4 Provisions relating to Intelligence and Security Committee Membership of Committee Revocation of member’s nomination Suspension and cessation of membership Procedure for meetings of Committee Convener Chairperson presides Quorum Conduct of proceedings Decisions Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 3 24 25 26 Representation Officers to assist Administrative provisions Committee members and others protected 171 172 172 Part 1 Provisions relating to Commissioners of Intelligence Warrants 1 Term of office of Commissioners (1) A person holds office as a Commissioner for a term of 3 years.
(2) A person who holds office as a Commissioner may be reappointed for 1 or more further terms.

(3) A person who holds office as a Commissioner, unless he or she earlier vacates office by reason of death, resignation, or removal, continues to hold office, even if the term for which he or she was appointed has expired, until one of the following occurs: (a) (b) the person is reappointed: the person’s successor is appointed.
(4) A person who holds office as a Commissioner may at any time resign by writ‐ ten notice to the Governor-General.

(5) A notice of resignation under subclause (4) must state the date on which the resignation takes effect.

Compare: 1969 No 24 s 5B 2 Removal from office A Commissioner may be removed from office by the Governor-General, on address from the House of Representatives, for— (a) (b) (c) incapacity; or bankruptcy; or neglect of duty; or (d) misconduct.
Compare: 1969 No 24 s 5C 3 Remuneration and expenses (1) A Commissioner must be paid, out of public money and without further appro‐ priation than this clause,— (a) (b) a salary at the rate determined by the Remuneration Authority; and allowances (if any) determined by the Remuneration Authority; and 165 Schedule 3 Intelligence and Security Act 2017 Version as at 24 June 2023 (c) in respect of time spent travelling in the performance of the Commis‐ sioner’s functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.
The rate of salary and the allowances (if any) determined by the Remuneration Authority must be those applicable to an Acting High Court Judge.

The Fees and Travelling Allowances Act 1951 applies as if a Commissioner were a member of a statutory board and the travelling were in the service of a statutory board.

Compare: 1969 No 24 s 5E Schedule 3 clause 3(1)(c): inserted, on 24 October 2019, by section 73(1) of the Statutes Amendment Act 2019 (2019 No 56).
Schedule 3 clause 3(3): replaced, on 24 October 2019, by section 73(2) of the Statutes Amendment Act 2019 (2019 No 56).

Protection of Commissioners A Commissioner has all the immunities of a Judge of the High Court.

Compare: 1969 No 24 s 5D Disclosure of interests (2) (3) 4 5 A Commissioner must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that could conflict with the proper performance of his or her functions.
Compare: 1969 No 24 s 5F Part 2 Provisions relating to Inspector-General and Deputy Inspector- General 6 Term of office of Inspector-General and Deputy Inspector-General (1) A person holds office as the Inspector-General or Deputy Inspector-General for a term (which must not be more than 5 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person’s appointment.
(2) A person holding office as the Inspector-General may be reappointed for 1 fur‐ ther term of not more than 3 years.

(3) A person holds office as the Deputy Inspector-General for a term (which must be not more than 3 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person’s appointment.

(4) A person holding office as the Deputy Inspector-General may be reappointed for 1 or more further terms.
The person holding office as the Inspector-General or the Deputy Inspector- General, unless he or she earlier vacates office by reason of death, resignation, (5) 166 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 3 or removal, continues to hold office, even if the term for which he or she was appointed has expired, until one of the following occurs: (a) (b) the person is reappointed: the person’s successor is appointed.
(6) The Inspector-General and Deputy Inspector-General may at any time resign by written notice to the Governor-General.

(7) A notice of resignation under subclause (6) must state the date on which the resignation takes effect.

Compare: 1996 No 47 s 6 Filling of vacancy If a vacancy occurs in the office of Inspector-General, the vacancy must be fil‐ led by the appointment of a successor in accordance with section 157(2) and (3).
If a vacancy occurs in the office of the Deputy Inspector-General, the vacancy must be filled by the appointment of a successor in accordance with section 164(2) and (3).

7 (1) (2) (3) Subclause (4) applies if— (a) (b) a vacancy specified in subclause (1) or (2) occurs while Parliament is not in session, or exists at the close of a session; and the House of Representatives has not recommended an appointment to fill the vacancy.
(4) When this subclause applies, the vacancy may, at any time before the com‐ mencement of the next session of Parliament, be filled by the appointment of a successor by the Governor-General in Council.

(5) An appointment made under subclause (4) lapses and the office again becomes vacant unless, before the end of the 24th sitting day of the House of Represen‐ tatives following the date of the appointment, the House confirms the appoint‐ ment.
8 (1) Compare: 2004 No 38 Schedule 2 cl 2 Removal or suspension from office The Inspector-General or Deputy Inspector-General may be removed or sus‐ pended from office by the Governor-General, on an address from the House of Representatives, for— (a) (b) (c) incapacity; or bankruptcy; or neglect of duty; or (d) misconduct; or (e) failure to hold the appropriate security clearance.
167 Schedule 3 Intelligence and Security Act 2017 Version as at 24 June 2023 (2) 9 (1) (2) If the Inspector-General or Deputy Inspector-General is suspended from office at any time when Parliament is not in session, the suspension does not continue in force beyond 2 months after the beginning of the next ensuing session of Parliament.
Compare: 1996 No 47 s 7 Remuneration and expenses The Inspector-General and Deputy Inspector-General must be paid, out of pub‐ lic money and without further appropriation than this clause,— (a) (b) salaries at the rates determined by the Remuneration Authority; and allowances (if any) determined by the Remuneration Authority.
The Inspector-General and Deputy Inspector-General are entitled to receive from the funds of the Inspector-General’s office the actual and reasonable costs for travelling and other expenses that relate to the performance of their func‐ tions and duties.
Compare: 1996 No 47 s 8 10 Disclosure of interests The Inspector-General and Deputy Inspector-General must each give written notice to the Prime Minister of all interests, pecuniary or otherwise, that they have or acquire and that could conflict with the proper performance of their functions and duties.
11 (1) (2) Compare: 1996 No 47 s 9 Staff The Inspector-General may appoint any employees that the Inspector-General considers necessary for the efficient performance and exercise of his or her functions, duties, and powers.

The power conferred by subclause (1) includes the power to appoint employees on a part-time or temporary basis, or for any period that the Inspector-General and an employee agree.
(3) An employee is employed on the terms and conditions, and paid the salary and allowances, that the Inspector-General determines in consultation with the Sec‐ retary for Justice.

(4) An employee may not have access to any information in the possession of an intelligence and security agency except in accordance with the rules governing access to such information applying within the agency.

(5) Only a person who holds an appropriate security clearance may be appointed as an employee.
Compare: 1996 No 47 s 10 168 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 3 12 (1) Inspector-General and others protected The Inspector-General, the Deputy Inspector-General, and any employee of the Inspector-General are not personally liable for any act done or omitted to be done in good faith in the performance or intended performance of the Inspector-General’s functions or duties.
(2) A member of the advisory panel is not personally liable for any act done or omitted to be done in good faith in the performance or intended performance of his or her functions or duties.
(3) Nothing in subclauses (1) and (2) applies in respect of proceedings for— (a) (b) (c) (d) an offence against section 219; or an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or an offence of conspiring to commit an offence against any of those sec‐ tions of the Crimes Act 1961; or an offence of attempting to commit an offence against any of those sec‐ tions of the Crimes Act 1961.
Compare: 1996 No 47 s 24(1)(a), (2) Part 3 Provisions relating to advisory panel 13 Term of office of members (1) A person holds office as a member of the advisory panel for a term (which must not be more than 5 years) that the Governor-General, on the recommenda‐ tion of the Prime Minister, specifies in the person’s appointment.

(2) A member may be reappointed for 1 or more further terms.

(3) A member may at any time resign by written notice to the Prime Minister.
Compare: 1996 No 47 s 15C(5)(a)–(c) 14 Removal from office A member of the advisory panel may be removed from office by the Prime Minister for— (a) (b) (c) incapacity; or bankruptcy; or neglect of duty; or (d) misconduct; or (e) failure to hold the appropriate security clearance.
Compare: 1996 No 47 s 15C(5)(d) 169 Schedule 3 Intelligence and Security Act 2017 Version as at 24 June 2023 15 Remuneration and expenses (1) A member of the advisory panel is entitled— (a) (b) to receive remuneration not provided for within paragraph (b) for ser‐ vices as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
(2) For the purposes of subclause (1), fees framework means the framework determined from time to time by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

Compare: 1996 No 47 s 15D 16 Procedure of advisory panel The advisory panel may determine its own procedure.
Compare: 1996 No 47 s 15F Part 4 Provisions relating to Intelligence and Security Committee Membership of Committee 17 (1) (2) Revocation of member’s nomination The Leader of the Opposition may at any time revoke his or her nomination of a person as a member of the Committee under section 194(2)(c).

The Prime Minister may at any time revoke his or her nomination of a person as a member of the Committee under section 194(2)(d).
Compare: 1996 No 46 s 9 18 Suspension and cessation of membership (1) A person’s membership of the Committee is suspended if that member is sus‐ pended from the service of the House of Representatives.

(2) A person’s membership of the Committee ceases when one of the following occurs: (a) (b) (c) the person’s nomination is revoked under clause 17: the person ceases to be a member of the House of Representatives: Parliament is dissolved or expires.
(3) A nominated member may at any time resign from the Committee by written notice signed by the member and addressed to the Prime Minister or Leader of the Opposition, as the case may require.

(4) The office of a member of the Committee becomes vacant if— 170 Version as at 24 June 2023 (a) (b) Intelligence and Security Act 2017 Schedule 3 the member’s membership ceases under subclause (2)(a) or (b); or the member resigns under subclause (3).
Compare: 1996 No 46 s 10 Procedure for meetings of Committee 19 Convener Meetings of the Committee must be convened by the chairperson of the Com‐ mittee.

Compare: 1996 No 46 s 13(1) 20 Chairperson presides The chairperson of the Committee must preside at all meetings of the Commit‐ tee.

Compare: 1996 No 46 s 13(2) 21 Quorum The chairperson and 3 other members must be present at a meeting of the Com‐ mittee.
Compare: 1996 No 46 s 13(3) Conduct of proceedings The proceedings of the Committee must, subject to this Act, be conducted in accordance with the rules and practice of the House of Representatives.

22 (1) (2) The Committee must meet in private, unless— (3) 23 (1) (2) 24 (1) (a) (b) the Committee is performing its function under section 193(1)(c); or the Committee by unanimous resolution resolves otherwise.

The Committee may give directions as to who may be present when the Com‐ mittee meets in private.
Compare: 1996 No 46 s 12 Decisions Every question arising at any meeting of the Committee is determined by a majority of votes of the members who are present and voting on it.

The chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.

Compare: 1996 No 46 s 13(4), (5) Representation The Leader of the Opposition may appoint the person who acts as his or her deputy in the House of Representatives to attend a meeting of the Committee in his or her place.
171 Schedule 3 Intelligence and Security Act 2017 Version as at 24 June 2023 (2) No other member of the Committee may be represented at any meeting by any other person.

(3) Subclause (2) is subject to section 198(3).

Compare: 1996 No 46 ss 7A(4), 13(6), (6A) 25 (1) Officers to assist The Chief Executive of the Department of the Prime Minister and Cabinet must, with the concurrence of the Committee, appoint any officers that are required to assist the Committee in the conduct of its business.
(2) Only a person who has appropriate security clearance may be appointed to assist the Committee.

Compare: 1996 No 46 s 13(7), (8) Administrative provisions 26 (1) Committee members and others protected This clause applies to every member of the Committee and to any person appointed under clause 25(1) to assist the Committee.
(2) A person to whom this clause applies is not personally liable for any act done or omitted to be done in good faith in the performance or intended performance of the Committee’s functions.

(3) A person to whom this clause applies is not required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the performance of the Committee’s functions.
(4) Nothing in this clause applies in respect of proceedings for an offence against section 219.
Compare: 1996 No 46 s 15 172 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 4 Schedule 4 Consequential amendments Part 1 Amendments to Acts s 335 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35) In section 5, definition of government agency, replace paragraph (c) with: (c) the Reserve Bank, the Parliamentary Counsel Office, and the New Zea‐ land Police; or In section 5, definition of law enforcement purposes, replace paragraph (g) with: (g) the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its function under sec‐ tion 10 or 11 of the Intelligence and Security Act 2017: In section 5, repeal the definition of security.
Repeal section 18(2)(g).

Replace section 140(2)(h) with: (h) Parts 1 to 7 of the Intelligence and Security Act 2017: Children’s Commissioner Act 2003 (2003 No 121) In section 27(4)(a), (b), and (c), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Civil Aviation Act 1990 (1990 No 98) In section 77F(4)(a), replace “section 4(1)(bb) of the New Zealand Security Intelli‐ gence Service Act 1969” with “section 11 of the Intelligence and Security Act 2017”.

In section 77G(1), delete “under section 4(1)(bb) of the New Zealand Security Intelli‐ gence Service Act 1969”.

In section 77G(1), replace “sections 11 and 16 of the Inspector-General of Intelli‐ gence and Security Act 1996” with “sections 158(1)(e) and 171 of the Intelligence and Security Act 2017”.
Replace section 77G(5) with: (5) In this section,— Inspector-General of Intelligence and Security means the person holding office under section 157 of the Intelligence and Security Act 2017 173 Schedule 4 Intelligence and Security Act 2017 Version as at 24 June 2023 Civil Aviation Act 1990 (1990 No 98)—continued New Zealand person means any person who is— (a) (b) a New Zealand citizen; or a person ordinarily resident in New Zealand.
Companies Act 1993 (1993 No 105) In section 366(1B), definition of law enforcement purposes, replace paragraph (g) with: (g) the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its function under sec‐ tion 10 or 11 of the Intelligence and Security Act 2017: Crimes Act 1961 (1961 No 43) Replace section 216B(2)(b) with: (b) does so pursuant to, and in accordance with the terms of, any authority conferred on him or her by or under— (i) (ii) the Search and Surveillance Act 2012; or Part 4 of the Intelligence and Security Act 2017; or (iii) the International Terrorism (Emergency Powers) Act 1987.
In section 216D(2)(a) and (b)(ii), replace “officer” with “employee”.

In section 216N(1)(c), delete “officer or”.
After section 216N(1)(c), insert: (ca) any employee of the Government Communications Security Bureau; and Criminal Records (Clean Slate) Act 2004 (2004 No 36) Replace section 19(3)(a)(iii) with: (iii) the exercise of the protective security advice and assistance func‐ tion of the New Zealand Security Intelligence Service under sec‐ tion 11 of the Intelligence and Security Act 2017; or Environment Act 1986 (1986 No 127) In section 22A(3)(a), (b), and (c), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Financial Markets Authority Act 2011 (2011 No 5) In section 22(3)(a), after “section 78,”, insert “78AA(1),”.

174 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 4 Health and Disability Commissioner Act 1994 (1994 No 88) In section 65(3)(a) and (b), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Health and Safety at Work Act 2015 (2015 No 70) In section 8(2)(a), replace “Director” with “Director-General”.

In section 8(2)(b), replace “Director” with “Director-General”.

In section 8(6), replace “Director of Security or Director of the Bureau” with “Director-General of Security or the Director-General of the Government Communi‐ cations Security Bureau”.
Replace section 8(7) with: (7) A worker who is an employee of the Security Intelligence Service or the Gov‐ ernment Communications Security Bureau may ask the Inspector-General to review a declaration made under subsection (2) to determine whether, in mak‐ ing the declaration, the Director-General of Security or the Director-General of the Government Communications Security Bureau (as the case requires) met the criteria in subsection (6).
In section 8(9), replace the definition of Government Communications Security Bureau or Bureau with: Government Communications Security Bureau or Bureau means the Gov‐ ernment Communications Security Bureau continued by section 8 of the Intelli‐ gence and Security Act 2017 In section 8(9), definition of Inspector-General, paragraph (a), replace “section 5 of the Inspector-General of Intelligence and Security Act 1996” with “section 157 of the Intelligence and Security Act 2017”.
In section 8(9), definition of Inspector-General, paragraph (b), replace “section 5 of the Act” with “section 157 of the Intelligence and Security Act 2017”.
In section 8(9), replace the definition of Minister with: Minister,— (a) (b) in relation to the New Zealand Security Intelligence Service, means the Minister responsible for the New Zealand Security Intelligence Service: in relation to the Government Communications Security Bureau, means the Minister responsible for the Government Communications Security Bureau In section 8(9), replace the definition of Security Intelligence Service with: Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7 of the Intelligence and Security Act 2017.
In Schedule 4, clause 2, definition of security, intelligence, or law enforcement agency, paragraph (d), delete “:”.

175 Schedule 4 Intelligence and Security Act 2017 Version as at 24 June 2023 Health and Safety at Work Act 2015 (2015 No 70)—continued In Schedule 4, clause 2, definition of security, intelligence, or law enforcement agency, repeal paragraph (e).

In Schedule 4, clause 2, definition of specified agency, repeal paragraph (c).
Human Rights Act 1993 (1993 No 82) In section 130(3)(a) and (b), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Immigration Act 2009 (2009 No 51) In section 4, definition of chief executive, replace paragraph (b) with: (b) when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Chief of Defence Force, and the General Manager of the Aviation Secur‐ ity Service) In section 4, definition of government agency, replace paragraph (b) with: (b) includes the New Zealand Police Independent Police Conduct Authority Act 1988 (1988 No 2) In section 33(2)(a), (b), and (c), replace “section 78 or section 78A(1) or section 105 or section 105A” with “section 78, 78AA(1), 78A(1), 105, or 105A”.
Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38) In Schedule 2, clause 4(4)(a) and (b), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Limited Partnerships Act 2008 (2008 No 1) In section 79(1B), definition of law enforcement purposes, replace paragraph (g) with: (g) the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its function under sec‐ tion 10 or 11 of the Intelligence and Security Act 2017: Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) After section 123(3)(b), insert: (ba) the Inspector-General of Intelligence and Security: New Zealand Business Number Act 2016 (2016 No 16) In section 5, definition of government agency, repeal paragraph (e).
176 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 4 Ombudsmen Act 1975 (1975 No 9) In section 17C(1), replace “section 5 of the Inspector-General of Intelligence and Security Act 1996” with “section 157 of the Intelligence and Security Act 2017”.

In section 17C(3), replace “the Inspector-General of Intelligence and Security Act 1996” with “subpart 1 of Part 6 of the Intelligence and Security Act 2017”.
In section 21C, replace “section 5 of the Inspector-General of Intelligence and Secur‐ ity Act 1996” with “section 157 of the Intelligence and Security Act 2017”.

In section 26(2)(a), (b), and (c), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Privacy Act 1993 (1993 No 28) In section 72B(1) and (3), replace “the Inspector-General of Intelligence and Security Act 1996” with “subpart 1 of Part 6 of the Intelligence and Security Act 2017”.

In section 96(3)(a) and (b), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.

In section 117B, delete “under the Inspector-General of the Intelligence and Security Act 1996”.
Protected Disclosures Act 2000 (2000 No 7) In section 3(1), replace the definition of intelligence and security agency with: intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017 In section 14, replace “the Inspector-General of Intelligence and Security Act 1996” with “subpart 1 of Part 6 of the Intelligence and Security Act 2017”.
Public Finance Act 1989 (1989 No 44) In section 39(3), replace “established under the Intelligence and Security Committee Act 1996” with “continued under section 192 of the Intelligence and Security Act 2017”.

In section 65T(2), delete “for that department”.

In section 65W(5), delete “for that department”.

Public Records Act 2005 (2005 No 40) In section 4, definition of public office, repeal paragraph (c)(x).
Radiocommunications Act 1989 (1989 No 148) Replace section 133A(2)(c) with: 177 Schedule 4 Intelligence and Security Act 2017 Version as at 24 June 2023 Radiocommunications Act 1989 (1989 No 148)—continued (c) by an employee of an intelligence and security agency for the purpose of performing the function under section 10 of the Intelligence and Security Act 2017; or Replace section 133A(2)(e)(ii) and (iia) with: (ii) Part 4 of the Intelligence and Security Act 2017; or Replace section 133A(3) with: (3) In this section, intelligence and security agency means— (a) (b) the New Zealand Security Intelligence Service: the Government Communications Security Bureau.
Remuneration Authority Act 1977 (1977 No 110) In Schedule 4, repeal the item relating to the Director of the Government Communi‐ cations Security Bureau.

In Schedule 4, repeal the item relating to the Director of the New Zealand Security Intelligence Service.
In Schedule 4, insert in its appropriate alphabetical order: The Inspector-General of Intelligence and Security and the Deputy Inspector-General of Intelligence and Security Search and Surveillance Act 2012 (2012 No 24) Replace section 47(1)(c) with: (c) activities carried out under an authorisation issued under Part 4 of the Intelligence and Security Act 2017: Takeovers Act 1993 (1993 No 107) In section 33D(2)(c)(i), (ii), and (iii), replace “section 78 or section 78A(1) or section 105 or section 105A or section 105B” with “section 78, 78AA(1), 78A(1), 105, 105A, or 105B”.
Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91) In section 3(1), replace the definition of Director with: Director means the Director-General of the Government Communications Security Bureau In section 3(1), replace the definition of interception warrant with: interception warrant means— (a) a warrant issued under section 53 of the Search and Surveillance Act 2012: 178 Version as at 24 June 2023 Intelligence and Security Act 2017 Schedule 4 Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91)—continued (b) an intelligence warrant issued under Part 4 of the Intelligence and Secur‐ ity Act 2017 In section 3(1), definition of Minister responsible for the Government Communi‐ cations Security Bureau, replace “for the department of State established under the Government Communications Security Bureau Act 2003” with “of the Government Communications Security Bureau”.
In section 3(1), replace the definition of other lawful interception authority with: other lawful interception authority— (a) means an authorisation issued under Part 4 of the Intelligence and Secur‐ ity Act 2017 (within the meaning of section 47 of that Act); and (b) includes an authority to intercept a private communication (whether in an urgent or emergency situation or otherwise) that is granted or issued to any member of a surveillance agency under any other enactment In the heading to section 56, replace “Security” with “Intelligence”.
In section 56(1)(a), replace “Commissioner” with “Chief Commissioner of Intelli‐ gence Warrants”.

Replace section 56(1)(b) with: (b) on receipt of the notice, the Chief Commissioner of Intelligence War‐ rants must arrange for a review to be conducted in accordance with this section by a Commissioner as soon as practicable.
Replace section 56(8) with: (8) In this section and section 57,— Chief Commissioner of Intelligence Warrants has the meaning given to it by section 4 of the Intelligence and Security Act 2017 Commissioner means a Commissioner of Intelligence Warrants within the meaning of section 4 of the Intelligence and Security Act 2017.

Terrorism Suppression Act 2002 (2002 No 34) In section 4(1), definition of intelligence and security agency, repeal paragraph (c).
Part 2 Amendments to legislative instruments Citizenship Regulations 2002 (SR 2002/73) Replace regulation 15(2)(b) with: (b) for an intelligence and security agency to perform its functions under section 10 or 11 of the Intelligence and Security Act 2017: 179 Schedule 4 Intelligence and Security Act 2017 Version as at 24 June 2023 Citizenship Regulations 2002 (SR 2002/73)—continued After regulation 15(2), insert: (3) In this regulation, intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017.
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 (SR 2001/122) Replace regulation 6D(1)(d) with: (d) the licence holder is the subject of, or is referred to in, advice and infor‐ mation given to the Authority by the Director-General of the New Zea‐ land Security Intelligence Service under section 11 or 104 of the Intelli‐ gence and Security Act 2017; or 180 Intelligence and Security Act 2017 Notes Version as at 24 June 2023 Notes 1 General This is a consolidation of the Intelligence and Security Act 2017 that incorpor‐ ates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments.

This presump‐ tion applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version.

A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20): section 40 Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57): section 147 Intelligence and Security (Review) Amendment Act 2021 (2021 No 24) Secondary Legislation Act 2021 (2021 No 7): section 3 Public Service Act 2020 (2020 No 40): section 135 Education and Training Act 2020 (2020 No 38): section 668 Privacy Act 2020 (2020 No 31): section 217 Arms Legislation Act 2020 (2020 No 23): section 107 Statutes Amendment Act 2019 (2019 No 56): Part 22 Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5): section 366 Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48): section 40 Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42): Part 2 sub‐ part 6 Wellington, New Zealand: Published under the authority of the New Zealand Government—2023 181