New Zealand Security Intelligence Service Amendment Act 2011

1: Title
This Act is the New Zealand Security Intelligence Service Amendment Act 2011
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the New Zealand Security Intelligence Service Act 1969 2011-07-13 New Zealand Security Intelligence Service Act 1969
4: Purpose of Act
The purpose of this Act is to amend the principal Act to—
a: clarify the authority given to the New Zealand Security Intelligence Service to use modern technology in the performance of its functions:
b: enhance the responsiveness of the New Zealand Security Intelligence Service by streamlining the requirements for the issue of warrants:
c: clarify, in conjunction with the Crimes Amendment Act 2011 Act
5: Interpretation
1: Section 2(1) authorised person delegate of the Director electronic tracking facility
a: means an electronic address, phone number, account, electronic identifier or similar identifier, or device that enables—
i: communications to take place between individuals; or
ii: communications to be sent to or from an identified individual; or
iii: documents to be processed, stored, or accessed; and
b: includes, without limitation, any of the following:
i: a unique device identifier:
ii: a user account identifier:
iii: an Internet Protocol address:
iv: an email address:
v: an Internet storage account identity removal warrant section 4I warrant .
2: Section 2(1) domestic interception warrant foreign interception warrant interception warrant
3: Section 2(1) domestic intelligence warrant foreign intelligence warrant intelligence warrant .
6: New section 4AAA inserted
The following section is inserted after section 4
4AAA: Principles underpinning performance of functions
1: In performing its functions under this Act, the Security Intelligence Service—
a: contributes to keeping New Zealand society secure, independent, and free and democratic:
b: contributes to the participation of New Zealand in the maintenance of international security:
c: acts—
i: in accordance with New Zealand law and all human rights standards recognised by New Zealand law, except to the extent that they are, in relation to national security, modified by an enactment:
ii: in the discharge of its operational functions, independently and impartially:
iii: with integrity and professionalism:
iv: in a manner that facilitates effective democratic oversight.
2: Subsection (1)
7: Issue of interception warrant
1: Section 4A(1) and (2) or to undertake electronic tracking, not otherwise lawfully obtainable by the person,
2: Section 4A(2)﻿(b)﻿(i) whose communications may be intercepted who is to be subject to the warrant
3: Section 4A(3)﻿(a) and (b) or electronic tracking or seizure
4: Section 4A(3)﻿(d)
i: section 58 or 59 of the Evidence Act 2006; or .
5: Section 4A(6) Every person who, by any interception warrant issued under subsection (1) of this section, is authorised to intercept or seize any communication, document, or thing, or is requested to give any assistance in making the interception or seizure, is justified in making the interception or seizure, and in taking any reasonable action necessarily involved in making or assisting to make or attempting to make the interception or seizure, Every person who is an authorised person under an intelligence warrant or a removal warrant, and every person requested under section 4D(2)
8: Subject matter of interception warrant
1: Section 4B(1)﻿(b) and (c)﻿(i) or the facility the place
2: Section 4B(1) ; and
d: if electronic tracking is to be undertaken, state either or both of the following:
i: a description of the thing or class of thing to be tracked:
ii: the identity of the person to be tracked.
3: Section 4B
4: The Minister or, as the case requires, the Minister and the Commissioner must consider whether to include conditions in an intelligence warrant to minimise any risk that the warrant may affect third parties if, in the opinion of the Minister or, as the case requires, in the opinion of the Minister and the Commissioner, that risk is significant because of—
a: the name, alias, or other description of the person whose communications are sought to be intercepted; or
b: the nature of the place or the facility in respect of which communications may be intercepted.
5: Subsection (4)
9: New sections 4D and 4E and heading substituted
Sections 4D 4E
4D: Persons acting under warrants
1: Effect may be given to a warrant by the Director (or the person for the time being acting as the Director) or by a delegate of the Director.
2: The Director (or the person for the time being acting as the Director) or a delegate of the Director may request any person or organisation to give specified assistance to an authorised person for the purpose of giving effect to a warrant.
3: Every request made under subsection (2)
4: Every person who assists the authorised person, in accordance with a request made under subsection (2)
5: If an organisation is requested under subsection (2)
6: In this section, organisation Powers of persons acting under intelligence warrants
4E: Powers to give effect to intelligence warrants
1: A person who is an authorised person under an intelligence warrant or any person who is requested under section 4D(2)
a: any place that is specified in the warrant; or
b: any place that is owned or occupied by a person identified in the warrant under section 4B(1)﻿(b) or (c); or
c: any place where a person identified in the warrant under section 4B(1)﻿(b) or (c) is or is likely to be at any time; or
d: in any case where a facility is identified in the warrant under section 4B(1)﻿(b) or (c), any place—
i: where that facility is or is likely to be at any time; or
ii: that it is necessary to enter in order to access that facility.
2: The power conferred by subsection (1)﻿(c) (d)
3: A person who is an authorised person under an intelligence warrant or any person who is requested under section 4D(2)
a: instal or modify any device or equipment:
b: maintain or monitor any device or equipment:
c: remove any device or equipment previously installed:
d: search a place entered under subsection (1)
e: open any container, box, or receptacle:
f: seize any document or thing authorised to be seized by the warrant:
g: do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.
10: Destruction of irrelevant records obtained by interception
1: The heading to section 4G or electronic tracking
2: Section 4G
2A: As soon as practicable after the expiry of an intelligence warrant that authorises electronic tracking, the Director must ensure that any records resulting from the electronic tracking undertaken under that warrant are destroyed, except to the extent that those records are relevant—
a: to the detection of activities prejudicial to security; or
b: to the gathering of foreign intelligence information essential to security.
3: Section 4G(3) or (2A) subsection (1)
11: New section 4I substituted
Section 4I
4I: Issue of removal warrant
1: If any device or equipment that has been installed, in accordance with an intelligence warrant, remains in a place or in a thing after the intelligence warrant has ceased to be in force in respect of that place or thing, the Minister may, on a written application by the Director (or the person for the time being acting as the Director), issue a warrant authorising the removal of the device or equipment from the place or thing.
2: A person who is an authorised person under a removal warrant and any person requested under section 4D(2)
a: search the place entered:
b: open any container, box, or receptacle:
c: obtain access to any document or thing:
d: do any other act that is reasonable in the circumstances and reasonably required to achieve the purpose for which the warrant was issued.
3: A warrant issued under subsection (1)
12: Statement on warrants
1: Section 4K(2)﻿(d) , made by the Minister under section 4D,
2: Section 4K(3) warrants ( removal warrants removal warrants that were in force at any time during the reporting period:
13: Certificate by Minister
Section 4L(2)﻿(b) warrants issued under section 4I removal warrants
14: Heading inserted above section 5
The following heading is inserted above section 5 Director of Security .
15: New sections 5AA to 5AAC inserted
The following sections are inserted after section 5
5AA: Delegation of functions or powers
1: The Director may from time to time, either generally or particularly, delegate to a specified employee of the Security Intelligence Service or to a specified class of employees of the Service any of the Director's functions or powers, including functions or powers delegated to the Director under any other Act.
2: However, the Director may not delegate any functions or powers delegated to the Director by a Minister without the written consent of that Minister.
3: The Director—
a: may delegate any function or power involved in executing a warrant; but
b: may not delegate any function or power involved in applying for a warrant.
4: A delegate of the Director may, with the prior approval in writing of the Director, delegate any of those functions or powers that the Director approves to any other employee of the Service.
5: A person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
6: Subsection (5)
7: A person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. 1988 No 20 s 41
5AAB: Effect of delegations
1: No delegation under section 5AA
2: A delegation under section 5AA
3: A delegation, until it is revoked, continues to have effect according to its terms even if the Director by whom it was made has ceased to hold office.
4: A delegation made by a Director who has ceased to hold office continues to have effect as if made by the successor in office of that Director. 1988 No 20 s 42
5AAC: Register of delegations involving warrants
1: As soon as practicable after a function or power involved in the execution of a warrant is delegated under section 5AA(1) (4)
a: the warrant, warrants, or class of warrants involved:
b: the functions and powers that have been delegated:
c: the specified employee or employees or class of employees to whom the functions and powers have been delegated:
d: any directions or conditions to be observed by the delegate or delegates.
2: As soon as practicable after a delegation of the kind described in subsection (1)
3: The Director must, on request, make the register kept under subsection (1)
a: the Minister:
b: the Commissioner, so far as the register relates to domestic intelligence warrants:
c: the Inspector-General under the Inspector-General of Intelligence and Security Act 1996.
16: Prohibition on unauthorised disclosure of information
1: Section 12A(2)
a: or to undertake electronic tracking seize any communication
b: or electronic tracking or seizure
2: Section 12A(3) , or electronic tracking, or seizure
17: Consequential amendments to enactments relating to names of warrants
1: The principal Act Schedule
2: Section 11(1)﻿(d) interception warrants intelligence warrants 2011-07-13 Inspector-General of Intelligence and Security Act 1996