International Terrorism (Emergency Powers) Act 1987

1: Short Title and commencement
1: This Act may be cited as the International Terrorism (Emergency Powers) Act 1987.
2: This Act shall come into force on 1 September 1987.
2: Interpretation
1: In this Act, unless the context otherwise requires,— emergency power section 10 section 11 intercept
a: while it is taking place; or
b: while it is in transit international terrorist emergency
a: the death of, or serious injury or serious harm to, any person or persons; or
b: the destruction of, or serious damage or serious injury to,—
i: any premises, building, erection, structure, installation, or road; or
ii: any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle; or
iii: any natural feature which is of such beauty, uniqueness, or scientific, economic, or cultural importance that its preservation from destruction, damage or injury is in the national interest; or
iv: any chattel of any kind which is of significant historical, archaeological, scientific, cultural, literary, or artistic value or importance; or
v: any animal— in order to coerce, deter, or intimidate—
c: the Government of New Zealand, or any agency of the Government of New Zealand; or
d: the Government of any other country, or any agency of the Government of any other country; or
e: any body or group of persons, whether inside or outside New Zealand,— for the purpose of furthering, outside New Zealand, any political aim private communication
a: means a communication (whether in oral or written form or otherwise) made under 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 such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so public place road
2: A reference in this Act to a party to a private communication is a reference to—
a: any originator of the communication and any person intended by the originator to receive it; and
b: a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.
3: A reference in this Act to the Prime Minister means,—
a: where the Prime Minister is for any reason unavailable, the Deputy Prime Minister; and
b: where both the Prime Minister and the Deputy Prime Minister are for any reason unavailable, the next highest ranked Minister of the Crown available. Section 2(1) intercept substituted 1 October 2003 section 35 Crimes Amendment Act 2003 Section 2(1) private communication substituted 1 October 2003 section 35 Crimes Amendment Act 2003
3: This Act to bind the Crown
This Act binds the Crown.
4: This Act not to affect functions, duties, and powers under other Acts or general law
Except as otherwise provided in this Act, nothing in this Act shall limit, or be in substitution for, or in any way affect, the functions, duties, or powers of any person under the provisions of any other enactment or any rule of law. 1983 No 46 s 4 Authority to exercise emergency powers
5: Commissioner of Police to inform Prime Minister of existence of international terrorist emergency
Where the Commissioner of Police believes—
a: that an emergency is occurring; and
b: that the emergency may be an international terrorist emergency; and
c: that the exercise of emergency powers is or may be necessary to deal with that emergency,— the Commissioner shall forthwith inform the Prime Minister that such an emergency is believed to be occurring and that it is or may be necessary to exercise emergency powers.
6: Meeting of Ministers may authorise exercise of emergency powers
1: Upon being informed pursuant to section 5
2: The Ministers of the Crown, not being fewer than 3, present at the meeting held pursuant to subsection (1) may, if they believe, on reasonable grounds,—
a: that an emergency is occurring; and
b: that the emergency may be an international terrorist emergency; and
c: that the exercise of emergency powers is necessary to deal with that emergency,— by notice in writing signed by the Minister of the Crown presiding at the meeting, authorise the exercise, by the Police, of emergency powers.
3: Every notice given pursuant to subsection (2)—
a: shall set out—
i: the names of the Ministers of the Crown present at the meeting held pursuant to subsection (1) at which the giving of the notice is approved; and
ii: the date on which the notice is given; and
iii: the authority under which the notice is given; and
iv: the reasons for the giving of the notice; and
v: the circumstances specified in subsection (4) in which the authority to exercise emergency powers under the notice will expire; and
b: may contain such other information as may be appropriate in the circumstances.
4: Subject to sections 7 8
a: once the Commissioner of Police is satisfied that the emergency is not an international terrorist emergency; or
b: when the international terrorist emergency ends; or
c: at the close of the day specified in the notice as the day when that notice expires; or
d: at the close of the seventh day after the day on which the notice is given,— whichever occurs first.
5: The Minister of the Crown who signs any notice given pursuant to subsection (2) shall forthwith give public notice of the giving of that notice by such means as are reasonable in the circumstances, and the notice shall be published in the Gazette
6: Notwithstanding anything to the contrary in any other Act, every notice given pursuant to subsection (2) shall come into force when it is signed by the Minister of the Crown presiding at the meeting of Ministers held pursuant to subsection (1).
7: House of Representatives may extend authority to exercise emergency powers
1: Where any notice is given pursuant to section 6(2)
a: forthwith, if the House of Representatives is then sitting; or
b: if the House of Representatives is not then sitting, at the earliest practicable opportunity.
2: Where the House of Representatives is informed, pursuant to subsection (1), that a notice has been given pursuant to section 6(2)
3: If, when a notice is given pursuant to subsection (2) of section 6
4: No resolutions passed by the House of Representatives under subsection (2), and no Proclamations made under subsection (3), may extend the authority to exercise emergency powers pursuant to a notice given pursuant to section 6(2)
5: Nothing in subsection (2) or subsection (3) authorises any person to exercise any emergency power after the emergency in respect of which authority to exercise emergency powers has been given under this Act ends.
8: House of Representatives may revoke authority to exercise emergency powers
Notwithstanding anything in section 6 section 7
a: any authority to exercise emergency powers under any notice given pursuant to section 6(2)
b: any extension of any such authority pursuant to subsection (2) or subsection (3) of section 7 Emergency powers
9: Proof of identity
Every constable
a: where it is reasonable and practical in the circumstances,—
i: identify himself or herself to every person who is directly affected by the exercise of that power; and
ii: inform such persons of the authority under which that constable constable
b: if that constable constable 1975 No 116 s 18(4) Section 9 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(a)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
10: Emergency powers
1: This section applies to any emergency in respect of which the Police are authorised, by or under section 6(2) section 7
2: Subject to this Act, any constable
a: require the evacuation of any premises or place (including any public place), or the exclusion of persons or vehicles from any premises or place (including any public place), within the area in which the emergency is occurring:
b: enter, and if necessary break into, any premises or place, or any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle, within the area in which the emergency is occurring:
c: totally or partially prohibit or restrict public access, with or without vehicles, on any road or public place within the area in which the emergency is occurring:
d: remove from any road or public place within the area in which the emergency is occurring any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle impeding measures to deal with that emergency; and, where reasonably necessary for that purpose, may use force or may break into any such aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle:
e: destroy any property which is within the area in which the emergency is occurring and which that constable
f: require the owner or person for the time being in control of any land, building, vehicle, boat, apparatus, implement, or equipment (in this paragraph referred to as requisitioned property) that is within the area in which the emergency is occurring forthwith to place that requisitioned property under the direction and control of that constable constable
g: totally or partially prohibit or restrict land, air, or water traffic within the area in which the emergency is occurring.
3: Notwithstanding anything in any other Act, but subject to this Act, any constable
a: connect any additional apparatus to, or otherwise interfere with the operation of, any part of the telecommunications
b: intercept private in the area in which the emergency is occurring.
4: The power specified in subsection (3) may be exercised only by, or with the authority of, a constable who is of or above the level of position of inspector constable 1983 No 46 ss 60–64(1) Section 10(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 10(2)﻿(e) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 10(2)﻿(f) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 10(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 10(3)﻿(a) amended 1 October 2003 section 35 Crimes Amendment Act 2003 Section 10(3)﻿(b) amended 1 October 2003 section 35 Crimes Amendment Act 2003 Section 10(4) amended 1 October 2008 section 116(b) Policing Act 2008
11: Requisitioning powers
1: Any constable constable section 10(2)﻿(f)
2: Where the owner or person for the time being in control of any property that may be requisitioned under section 10(2)﻿(f) constable
3: Where any constable constable 1983 No 46 s 64(2)–(4) Section 11(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 11(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 11(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
12: Members of Armed Forces assisting Police may exercise emergency powers
1: Subject to this Act, any emergency power (except the power specified in section 10(3) constable
2: Any member of the Armed Forces who is authorised by subsection (1) to exercise any emergency power may exercise any such power only at, and in accordance with, the request of a constable Section 12(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 12(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
13: Compensation payable where property requisitioned or destroyed
1: Where any requisitioned property has come under the control of any person acting under section 10(2)﻿(f) section 11 section 12
a: the use of that requisitioned property while under that control; and
b: any loss of, or damage or injury to, that requisitioned property suffered or incurred while under that control.
2: Where any property (other than requisitioned property, or any property belonging to any person and used by that person for the purpose of, or in the course of, causing an emergency in respect of which authority to exercise emergency powers has been given under this Act) is damaged or injured or destroyed as a result of any action taken by any constable
3: Where there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of such compensation, or as to the liability of the Crown to pay any such compensation, the matter shall be determined by any court of competent jurisdiction. 1983 No 46 s 65 Section 13(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
14: Prime Minister may prohibit publication or broadcasting of certain matters relating to international terrorist emergency
1: Where, in respect of any emergency in respect of which authority to exercise emergency powers has been given under this Act, the Prime Minister believes, on reasonable grounds, that the publication or broadcasting of—
a: the identity of any person involved in dealing with that emergency; or
b: any other information or material (including a photograph) which would be likely to identify any person as a person involved in dealing with that emergency— would be likely to endanger the safety of any person involved in dealing with that emergency, or of any other person, the Prime Minister may, by notice in writing, prohibit or restrict—
c: the publication, in any newspaper or other document; and
d: the broadcasting, by radio or television or otherwise,— of the identity of any person involved in dealing with that emergency, and any other information or material (including a photograph) which would be likely to identify any person as a person involved in dealing with that emergency.
2: Where, in respect of any emergency in respect of which authority to exercise emergency powers has been given under this Act, the Prime Minister believes, on reasonable grounds, that the publication or broadcasting of any information or material (including a photograph) relating to any equipment or technique lawfully used to deal with that emergency would be likely to prejudice measures designed to deal with international terrorist emergencies, the Prime Minister may, by notice in writing, prohibit or restrict—
a: the publication, in any newspaper or other document; and
b: the broadcasting, by radio or television or otherwise,— of any information or material (including a photograph) of any such equipment or technique.
3: The Prime Minister may issue a notice under subsection (1) or subsection (2) notwithstanding that the emergency in respect of which the notice is issued has ended.
4: The Prime Minister must immediately notify the public, by whatever means are practicable in the circumstances, that a notice under subsection (1) or (2) has been issued.
4A: A notice under subsection (1) is secondary legislation ( see Part 3
4B: A notice under subsection (2) is secondary legislation ( see Part 3
5: Nothing in this section shall restrict the broadcasting or reporting of the proceedings of the House of Representatives. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(4B) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Commencement, revocation, expiry, and renewal of notice under section 14
1: A notice under section 14(1) or (2)
a: when that notice is delivered to that person:
b: when public notification is given under section 14(4)
2: Subsection (1) applies despite anything in any other Act (and even if the notice is not yet published under the Legislation Act 2019
3: The Prime Minister may, at any time, by notice, revoke a notice under section 14
4: Subject to subsections (3) and (5), every notice under section 14
5: Subject to subsection (3), the Prime Minister may, by notice, renew a notice under section 14
a: to protect the safety of any person; or
b: to avoid prejudice to measures designed to deal with international terrorist emergencies.
6: A notice under subsection (3) or (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
16: Protection from liability
Except as provided by section 13 constable 1983 No 46 s 66 Section 16 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
17: Commissioner of Police to give information to House of Representatives
1: As soon as practicable after the end of any emergency in respect of which authority to exercise emergency powers is given under this Act, the Commissioner of Police shall, if any emergency power was exercised under this Act during that emergency, make a report to the House of Representatives on the exercise of that power.
2: The Commissioner of Police shall include in every annual report prepared by the Commissioner for the purposes of section 101 Section 17(2) amended 1 October 2008 section 130(1) Policing Act 2008 Provisions relating to interception of private communications
18: Prohibition on disclosure of private communications lawfully intercepted
No person who—
a: pursuant to the power conferred by section 10(3)
b: acquires knowledge of a private communication as a direct or indirect result of that interception— shall knowingly disclose the substance, meaning, or purport of that communication, or any part of that communication, otherwise than in the performance of that person's duty. 1978 No 65 s 23(1)
19: Notice to be given of intention to produce evidence of private communication
Particulars of a private communication intercepted pursuant to the power conferred by section 10(3)
a: a transcript of the private communication where that party intends to adduce it in the form of a recording, or a written statement setting forth the full particulars of the private communication where that party intends to adduce oral evidence of it; and
b: a statement of the time, place, and date of the private communication, and of the names and addresses of the parties to the communication, if they are known. 1978 No 65 s 24
20: Inadmissibility of evidence of private communications lawfully intercepted
Where—
a: a private communication is intercepted pursuant to the power conferred by section 10(3)
b: that private communication discloses evidence relating to any offence that is not related to that emergency,— no particulars of that communication which relate to that offence shall be received in evidence by any court against any person. 1978 No 65 s 26 Offences
21: Offences
1: Subject to subsection (4), every person commits an offence who,—
a: without lawful excuse, fails or refuses to comply with any direction, requirement, prohibition, or restriction given to or imposed upon that person pursuant to section 10
i: by any constable
ii: by any member of the Armed Forces acting under section 12
b: contrary to any notice issued by the Prime Minister under section 14
i: the identity of any person involved in dealing with an emergency in respect of which authority to exercise emergency powers has been given under this Act, or any other information or material (including a photograph) which would be likely to identify any person as a person involved in dealing with any such emergency; or
ii: any information or material (including a photograph) of any equipment or technique lawfully used to deal with any such emergency.
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $20,000.
3: Every person commits an offence and is liable on section 18
4: It is a defence to a charge under subsection (1)﻿(a) if the court is satisfied that—
a: the constable section 12
b: the defendant had no reason to believe that the person giving or imposing that direction, requirement, prohibition, or restriction was a constable section 12 Section 21(1)﻿(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 21(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 21(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 21(4)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 21(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Consequential amendment Heading repealed 1 February 1998 section 4(3)﻿(b) Crimes Amendment Act (No 2) 1997
22: Crimes Act 1961 amended
Section 22 repealed 1 February 1998 section 4(3)﻿(b) Crimes Amendment Act (No 2) 1997