Government Communications Security Bureau Act 2003

1: Title
This Act is the Government Communications Security Bureau Act 2003.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: continue the Government Communications Security Bureau and establish it as a department of State:
b: specify the objective and functions of the Bureau:
c: specify the circumstances in which the Bureau requires an interception warrant or access authorisation to intercept communications:
d: specify the conditions that are necessary for the issue of an interception warrant or access authorisation and the matters that may be authorised by a warrant or an authorisation:
e: specify the circumstances in which the Bureau may use interception devices to intercept communications without a warrant or an authorisation. Section 3(c) replaced 26 September 2013 section 4 Government Communications Security Bureau Amendment Act 2013 Section 3(d) replaced 26 September 2013 section 4 Government Communications Security Bureau Amendment Act 2013 Section 3(e) replaced 26 September 2013 section 4 Government Communications Security Bureau Amendment Act 2013
4: Interpretation
In this Act, unless the context otherwise requires,— access information infrastructure information infrastructure access authorisation section 15A(1)﻿(b) Bureau section 6 communication information, Director section 10 foreign organisation
a: a Government of any country other than New Zealand:
b: an entity controlled by the Government of any country other than New Zealand:
c: a company or body corporate that is incorporated outside New Zealand, or any company within the meaning of the Companies Act 1993
d: an unincorporated body of persons consisting principally
e: an international organisation:
f: a person acting in his or her capacity as an agent or a representative of any Government, body, or organisation referred to in any of paragraphs (a) to (e) foreign person incidentally obtained intelligence
a: that is obtained in the course of gathering intelligence about the capabilities, intentions, or activities of foreign organisations or foreign persons; but
b: that is not intelligence of the kind referred to in paragraph (a) information infrastructure intercept interception device interception warrant section 15A(1)﻿(a) medium Minister permanent resident residence class visa under the Immigration Act 2009 private communication
a: means a communication between 2 or more parties 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 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 serious crime
a: in relation to New Zealand, any offence punishable by 2 or more years' imprisonment
b: in relation to an overseas country, any offence that, if it occurred in New Zealand, would be an offence punishable by 2 or more years' imprisonment Section 4 access amended 26 September 2013 section 5(4) Government Communications Security Bureau Amendment Act 2013 Section 4 access authorisation inserted 26 September 2013 section 5(3) Government Communications Security Bureau Amendment Act 2013 Section 4 communication amended 26 September 2013 section 5(5) Government Communications Security Bureau Amendment Act 2013 Section 4 computer access authorisation authorisation repealed 26 September 2013 section 5(2) Government Communications Security Bureau Amendment Act 2013 Section 4 computer system repealed 26 September 2013 section 5(2) Government Communications Security Bureau Amendment Act 2013 Section 4 foreign communications repealed 26 September 2013 section 5(2) Government Communications Security Bureau Amendment Act 2013 Section 4 foreign intelligence repealed 26 September 2013 section 5(2) Government Communications Security Bureau Amendment Act 2013 Section 4 foreign organisation amended 26 September 2013 section 5(6) Government Communications Security Bureau Amendment Act 2013 Section 4 incidentally obtained intelligence inserted 26 September 2013 section 5(3) Government Communications Security Bureau Amendment Act 2013 Section 4 information infrastructure inserted 26 September 2013 section 5(3) Government Communications Security Bureau Amendment Act 2013 Section 4 interception warrant amended 26 September 2013 section 5(7) Government Communications Security Bureau Amendment Act 2013 Section 4 network repealed 26 September 2013 section 5(2) Government Communications Security Bureau Amendment Act 2013 Section 4 permanent resident amended 29 November 2010 section 406(1) Immigration Act 2009 Section 4 serious crime amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4 serious crime amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Act binds the Crown
This Act binds the Crown.
5A: Transitional provisions relating to amendments to Act
The Schedule Section 5A inserted 26 September 2013 section 6 Government Communications Security Bureau Amendment Act 2013
2: Organisation, objectives, and functions of Bureau
6: Bureau continued and established as department
1: There continues to be an instrument of the Executive Government of New Zealand known as the Government Communications Security Bureau.
2: On and from the commencement of this Act, the Bureau is a department of State.
7: Objective of Bureau
The objective of the Bureau, in performing its functions, is to contribute to—
a: the national security of New Zealand; and
b: the international relations and well-being of New Zealand; and
c: the economic well-being of New Zealand. Section 7 replaced 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
8: Functions of Bureau
1: Sections 8A to 8C
2: The order in which the functions are set out is not to be taken as specifying any order of importance or priority.
3: The performance of the Bureau's functions and the relative importance and priority of the functions, if any, are to be determined, from time to time, by the Director, subject to the control of the Minister.
4: Without limiting subsection (3), the performance of the Bureau's functions under section 8A section 8C
5: In addition to the functions set out in sections 8A to 8C Section 8 replaced 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
8A: Information assurance and cybersecurity
This function of the Bureau is—
a: to co-operate with, and provide advice and assistance to, any public authority whether in New Zealand or overseas, or to any other entity authorised by the Minister, on any matters relating to the protection, security, and integrity of—
i: communications, including those that are processed, stored, or communicated in or through information infrastructures; and
ii: information infrastructures of importance to the Government of New Zealand; and
b: without limiting paragraph (a), to do everything that is necessary or desirable to protect the security and integrity of the communications and information infrastructures referred to in paragraph (a), including identifying and responding to threats or potential threats to those communications and information infrastructures; and
c: to report on anything done under paragraphs (a) and (b) and provide any intelligence gathered as a result and any analysis of the intelligence to—
i: the Minister; and
ii: any person or office holder (whether in New Zealand or overseas) authorised by the Minister to receive the report or intelligence. Section 8A inserted 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
8B: Intelligence gathering and analysis
1: This function of the Bureau is—
a: to gather and analyse intelligence (including from information infrastructures) in accordance with the Government's requirements about the capabilities, intentions, and activities of foreign persons and foreign organisations; and
b: to gather and analyse intelligence about information infrastructures; and
c: to provide any intelligence gathered and any analysis of the intelligence to—
i: the Minister; and
ii: any person or office holder (whether in New Zealand or overseas) authorised by the Minister to receive the intelligence.
2: For the purpose of performing its function under subsection (1)﻿(a) and (b), the Bureau may co-operate with, and provide advice and assistance to, any public authority (whether in New Zealand or overseas) and any other entity authorised by the Minister for the purposes of this subsection. Section 8B inserted 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
8C: Co-operation with other entities to facilitate their functions
1: This function of the Bureau is to co-operate with, and provide advice and assistance to, the following for the purpose of facilitating the performance of their functions:
a: the New Zealand Police; and
b: the New Zealand Defence Force; and
c: the New Zealand Security Intelligence Service.
2: To avoid doubt, the Bureau may perform its function under subsection (1)—
a: only to the extent that the advice and assistance are provided for the purpose of activities that the entities may lawfully undertake; and
b: subject to and in accordance with any limitations, restrictions, and protections under which those entities perform their functions and exercise their powers; and
c: even though the advice and assistance might involve the exercise of powers by, or the sharing of the capabilities of, the Bureau that the Bureau is not, or could not be, authorised to exercise or share in the performance of its other functions.
3: Any advice or assistance provided by the Bureau under subsection (1) to another entity is subject to—
a: the jurisdiction of any other body or authority to the same extent as the other entity'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 of Intelligence and Security under his or her functions in section 11 Section 8C inserted 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
8D: Principles underpinning performance of Bureau's functions
1: In performing its functions under this Act, the Bureau acts—
a: 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:
b: in the discharge of its operational functions, independently and impartially:
c: with integrity and professionalism:
d: in a manner that facilitates effective democratic oversight.
2: Subsection (1) does not impose particular duties on, or give particular powers to, the Bureau, the Director, or any employee of the Bureau.
3: The Director must take all reasonable steps to ensure that—
a: the activities of the Bureau are limited to those that are relevant to the discharge of its functions:
b: the Bureau is kept free from any influence or consideration that is not relevant to its functions:
c: the Bureau does not take any action for the purpose of furthering or harming the interests of any political party in New Zealand.
4: The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to the Bureau's functions under sections 8A to 8C Section 8D inserted 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
8E: Director has full powers for purpose of performing Bureau's functions
1: The Director has all the powers that are necessary or desirable for the purpose of performing the functions of the Bureau.
2: Subsection (1) applies subject to this Act, any other enactment, and the general law. Section 8E inserted 26 September 2013 section 7 Government Communications Security Bureau Amendment Act 2013
9: Appointment of Director
1: The Director of the Bureau is appointed by the Governor-General, on the recommendation of the Prime Minister, for a term not exceeding 5 years, and may from time to time be reappointed.
2: To avoid doubt, the mere fact that a person holds the position of Director does not entitle the person to be reappointed or to expect to be reappointed. Section 9 replaced 26 September 2013 section 8 Government Communications Security Bureau Amendment Act 2013
9A: Appointment process
The State Services Commissioner—
a: is responsible for managing the process for the appointment of the Director; and
b: must provide advice on the nominations for Director to the Prime Minister. Section 9A inserted 26 September 2013 section 8 Government Communications Security Bureau Amendment Act 2013
9B: Remuneration and conditions of appointment of Director
1: The Director is paid the remuneration and allowances determined by the Remuneration Authority.
2: The other terms and conditions of the Director's appointment are determined from time to time by the State Services Commissioner. Section 9B inserted 26 September 2013 section 8 Government Communications Security Bureau Amendment Act 2013
9C: Removal from office
1: The Governor-General may at any time for just cause, on the recommendation of the Prime Minister, remove the Director from office.
2: The removal must be made by written notice to the Director.
3: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and
b: state the reasons for the removal.
4: The State Services Commissioner is responsible for advising the Prime Minister on any proposal to remove the Director from office.
5: In this section, just cause Section 9C inserted 26 September 2013 section 8 Government Communications Security Bureau Amendment Act 2013
9D: Review of performance of Director
1: The Minister may direct the State Services Commissioner or another person to review, either generally or in respect of any particular matter, the performance of the Director.
2: The person conducting a review under subsection (1) must report to the Minister on the manner and extent to which the Director is fulfilling all of the requirements imposed on the Director, whether under this Act or otherwise.
3: No review under this section may consider any security operations undertaken, or proposed to be undertaken. Section 9D inserted 26 September 2013 section 8 Government Communications Security Bureau Amendment Act 2013
10: Acting Director
1: When there is a vacancy in the position of Director or when the Director is (for whatever reason) absent from duty, the functions, duties, and powers of the Director must be exercised or performed by a person whom the Minister directs to exercise or perform those functions, duties, and powers.
2: The Minister may give a direction before the occurrence of any vacancy or absence referred to in subsection (1) or while the vacancy or absence continues.
3: No direction and no act done by a person acting under a direction given under this section may, in a proceeding, be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the person had not been appointed to a position to which the direction relates.
11: Prohibition on unauthorised disclosure of information
1: A person who is or was an employee of the Bureau may not disclose or use any information gained by or conveyed to the person through the person’s connection with the Bureau except in the strict course of the person’s official duties or as authorised by the Minister.
2: Every person commits an offence and is liable on 3 years $5,000 1969 No 24 s 12A(1), (4) Section 11(2) amended 26 September 2013 section 9(a) Government Communications Security Bureau Amendment Act 2013 Section 11(2) amended 26 September 2013 section 9(b) Government Communications Security Bureau Amendment Act 2013 Section 11(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
12: Annual report
1: As soon as practicable after each year ending on 30 June, the Director must deliver to the Minister a report on the activities of the Bureau during that year as if it were an annual report under the Public Finance Act 1989
2: When the Minister receives a copy of a report under subsection (1), the Minister must, as soon as practicable Intelligence and Security Committee Act 1996
3: Within 30 sitting days after receiving the report under subsection (1), the Minister must present to the House of Representatives a copy of the report that accords with any directions given under subsection (4), and includes—
a:
b: a statement as to whether or not any interception warrants were in force during the year to which the report relates; and
ba: if any interception warrants have been issued during the year to which the report relates, the number of warrants issued; and
c: a statement as to whether or not any
ca: if any access authorisations have been issued during the year to which the report relates, the number of authorisations issued; and
cb: a statement as to whether the Bureau has, under its function specified in section 8C(1)
d: a statement setting out—
i: a summary of the Bureau’s equal employment opportunities programme for the year to which the report relates; and
ii: an account of the extent to which the Bureau was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.
4: Before presenting a copy of the report to the House of Representatives under subsection (3), the Minister may direct that any material (other than the material referred to in section 45E(1)﻿(c)﻿(i)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: 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
c: 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; or
e: to prejudice unreasonably the privacy of an individual. 1969 No 24 s 4J Section 12(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 12(2) amended 26 September 2013 section 10(1) Government Communications Security Bureau Amendment Act 2013 Section 12(3)﻿(a) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 12(3)﻿(ba) inserted 26 September 2013 section 10(2) Government Communications Security Bureau Amendment Act 2013 Section 12(3)﻿(c) amended 26 September 2013 section 10(3) Government Communications Security Bureau Amendment Act 2013 Section 12(3)﻿(ca) inserted 26 September 2013 section 10(4) Government Communications Security Bureau Amendment Act 2013 Section 12(3)﻿(cb) inserted 26 September 2013 section 10(4) Government Communications Security Bureau Amendment Act 2013 Section 12(4) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
3: Intercepting communications and accessing information infrastructures
Part 3 heading replaced 26 September 2013 section 11 Government Communications Security Bureau Amendment Act 2013 Purpose of Part
13: Purpose of Part
The purpose of this Part is—
a: to authorise the Bureau to intercept communications and access information infrastructures for the purpose of performing its functions under sections 8A 8B
b: to place restrictions and limitations on—
i: the interception of communications and the accessing of information infrastructures; and
ii: the retention and use of information derived from the interception of communications and the accessing of information infrastructures. Section 13 replaced 26 September 2013 section 12 Government Communications Security Bureau Amendment Act 2013 Restrictions imposed on interceptions
14: Interceptions not to target New Zealand citizens or permanent residents for intelligence-gathering purposes
1: In performing the Bureau's function in section 8B section 4
2: Any incidentally obtained intelligence obtained by the Bureau in the performance of its function in section 8B
a: is not obtained in breach of section 8B
b: must not be retained or disclosed except in accordance with sections 23 25 Section 14 replaced 26 September 2013 section 13 Government Communications Security Bureau Amendment Act 2013
15: Interceptions for which warrant or authorisation required
1: Unless authorised by an interception warrant to do so, neither the Director, nor an employee of the Bureau, nor a person acting on behalf of the Bureau may—
a: physically connect an interception device to any part of an information infrastructure
b: install an interception device in a place for the purpose of intercepting communications that occur in the place.
2: Unless authorised by section 16 an access authorisation an information infrastructure Section 15(1)﻿(a) amended 26 September 2013 section 14(1) Government Communications Security Bureau Amendment Act 2013 Section 15(2) amended 26 September 2013 section 14(2)﻿(a) Government Communications Security Bureau Amendment Act 2013 Section 15(2) amended 26 September 2013 section 14(2)﻿(b) Government Communications Security Bureau Amendment Act 2013 Authorisations to intercept communications or access information infrastructures Heading inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
15A: Authorisation to intercept communications or access information infrastructures
1: For the purpose of performing the Bureau's functions under section 8A 8B
a: an interception warrant authorising the use of interception devices to intercept communications not otherwise lawfully obtainable by the Bureau of the following kinds:
i: communications made or received by 1 or more persons or classes of persons specified in the authorisation or made or received in 1 or more places or classes of places specified in the authorisation:
ii: communications that are sent from, or are being sent to, an overseas country:
b: an access authorisation authorising the accessing of 1 or more specified information infrastructures or classes of information infrastructures that the Bureau cannot otherwise lawfully access.
2: The Minister may grant the proposed interception warrant or access authorisation if satisfied that—
a: the proposed interception or access is for the purpose of performing a function of the Bureau under section 8A 8B
b: the outcome sought to be achieved under the proposed interception or access justifies the particular interception or access; and
c: the outcome is not likely to be achieved by other means; and
d: there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the warrant or authorisation beyond what is necessary for the proper performance of a function of the Bureau; and
e: there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the warrant or authorisation will be reasonable, having regard to the purposes for which they are carried out.
3: Before issuing a warrant or an authorisation, the Minister must consult the Minister of Foreign Affairs about the proposed warrant or authorisation.
4: The Minister may issue a warrant or an authorisation subject to any conditions that the Minister considers desirable in the public interest.
5: This section applies despite anything in any other Act. Section 15A inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
15B: Involvement of Commissioner of Security Warrants
1: An application for, and issue of, an interception warrant or access authorisation under section 15A
a: section 8A
b: section 8B section 14
2: For the purposes of subsection (1), section 15A
a: as if references to the Minister were references to the Minister and the Commissioner of Security Warrants; and
b: with any other necessary modifications.
3: In this section, Commissioner of Security Warrants section 5A Section 15B inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
15C: Privileged communications
1: No interception warrant or access authorisation is to be issued under section 15A section 15A
2: In subsection (1), privileged communications section 54 56 58 59 Section 15C inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
15D: Information that interception warrant or access authorisation must contain
1: Every interception warrant and access authorisation must specify the following information:
a: the date of issue:
b: the person, persons, or classes of persons authorised to make the interception or obtain the access:
c: the period for which the warrant or authorisation is issued, being a period not exceeding 12 months:
d: the function or functions of the Bureau to which the warrant or authorisation relates:
e: the purpose of the warrant or authorisation:
f: any conditions under which interception may be made or access may be obtained.
2: Every interception warrant must also specify the following information:
a: if the purpose of the warrant is to authorise the interception of the communications of 1 or more persons, the person, persons, or classes of persons whose communications may be intercepted:
b: if the purpose of the warrant is to intercept communications at 1 or more places, the place, places, or classes of places that the warrant applies to.
3: Every access authorisation must also specify the information infrastructure, information infrastructures, or classes of information infrastructures that the authorisation applies to. Section 15D inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
15E: Warrant or authorisation may authorise persons to assist person giving effect to warrant or authorisation
1: A warrant or an authorisation may request 1 or more persons or classes of persons to give any assistance that is reasonably necessary to give effect to the warrant or authorisation.
2: If a request is made, under subsection (1), to 1 or more persons or classes of persons who are employees (the employees
3: On an application made in writing by the Director, the Minister may amend a warrant or authorisation (as appropriate)—
a: by substituting a person, persons, or classes of persons for the person, persons, or classes of persons specified in the warrant under section 15D(2)﻿(a)
b: by substituting another person, other persons, or other classes of persons for a person, persons, or classes of persons requested under subsection (1):
c: by adding any person, persons, or classes of persons to the persons requested under subsection (1). Section 15E inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
15F: Expiry of warrant or authorisation not to prevent further application
The expiry of an interception warrant or of an authorisation does not prevent a further application for an interception warrant or an authorisation in respect of the same subject matter. Section 15F inserted 26 September 2013 section 15 Government Communications Security Bureau Amendment Act 2013
16: Certain interceptions permitted without interception warrant or
1A: This section—
a: applies to the interception of communications for the purpose of the Bureau's functions in sections 8A 8B
b: does not authorise anything to be done for the purpose of intercepting the private communications of a New Zealand citizen or permanent resident of New Zealand.
1: The Director, or an employee of the Bureau, or a person acting on behalf of the Bureau may, without an interception warrant, or, as the case requires, without a computer access authorisation, intercept
2: The Director, or an employee of the Bureau, or a person acting on behalf of the Bureau may, without an interception warrant, or, as the case requires, without an access authorisation, intercept communications by using an interception device or by accessing an information infrastructure, but only if—
a: the interception does not involve any activity specified in section 15(1)
b: any access to an information infrastructure is limited to access to 1 or more communication links between computers or to remote terminals; and
c: the interception is carried out by the Director or with the authority of the Director for the purpose of performing the Bureau's function in section 8A 8B
3: This section is subject to section 14 Section 16 heading amended 26 September 2013 section 16(1) Government Communications Security Bureau Amendment Act 2013 Section 16(1A) inserted 26 September 2013 section 16(2) Government Communications Security Bureau Amendment Act 2013 Section 16(1) amended 26 September 2013 section 16(3) Government Communications Security Bureau Amendment Act 2013 Section 16(2) replaced 26 September 2013 section 16(4) Government Communications Security Bureau Amendment Act 2013 Interception warrants Heading repealed 26 September 2013 section 17 Government Communications Security Bureau Amendment Act 2013
17: Issue of interception warrant
Section 17 repealed 26 September 2013 section 17 Government Communications Security Bureau Amendment Act 2013
18: Persons acting under warrant
Section 18 repealed 26 September 2013 section 18 Government Communications Security Bureau Amendment Act 2013 Register of interception warrants and access authorisations Heading replaced 26 September 2013 section 19 Government Communications Security Bureau Amendment Act 2013
19: Register of interception warrants and access authorisations
1: The Director must keep a register of interception warrants and access authorisations issued under this Part.
2: The following information must be entered in the register in relation to every interception warrant and access authorisation issued under this Part:
a: the information specified in section 15D
b: whether the warrant or authorisation contains a request to give assistance under section 15E(1)
c: any person, persons, or classes of persons substituted or added under section 15E(3)
3: The Director must make the register available to the Minister or the Inspector-General of Intelligence and Security as and when requested by the Minister or the Inspector-General.
4: As soon as practicable after information specified in section 15D(2)﻿(a) Section 19 replaced 26 September 2013 section 19 Government Communications Security Bureau Amendment Act 2013 Urgent issue of warrants and authorisations Heading inserted 26 September 2013 section 19 Government Communications Security Bureau Amendment Act 2013
19A: Urgent issue of warrants and authorisations
1: This section applies if—
a: the Minister is unavailable to issue an interception warrant or access authorisation; and
b: circumstances make it necessary to issue a warrant or an authorisation before the Minister is available to do so.
2: Any of the following may issue a warrant or an authorisation:
a: the Attorney-General:
b: the Minister of Defence:
c: the Minister of Foreign Affairs.
3: A person issuing a warrant or an authorisation under subsection (2) may do so only to the same extent and subject to the same terms and conditions as apply to the issue of a warrant or an authorisation by the Minister.
4: A person issuing a warrant or an authorisation under subsection (2) must, as soon as practicable after the Minister becomes available, advise the Minister about the issue of the warrant. Section 19A inserted 26 September 2013 section 19 Government Communications Security Bureau Amendment Act 2013 Provisions applicable to warrants, authorisations, and powers under section 16
20: Director’s functions in relation to warrants and authorisations not to be delegated
Despite section 41 section 15A Section 20 amended 26 September 2013 section 20 Government Communications Security Bureau Amendment Act 2013
21: Immunity from civil and criminal liability
1: Every person is immune from civil or criminal liability—
a: for any act done in good faith in order to obtain a warrant or an authorisation under this Act:
b: for anything done in good faith under a warrant or an authorisation under this Act or under section 16
2: Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to do anything authorised by a warrant or an authorisation under this Act or under section 16
3: In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on the person to prove the facts necessary to establish the basis of the claim.
4: Section 86 Section 21 replaced 26 September 2013 section 21 Government Communications Security Bureau Amendment Act 2013
22: Term of warrant or authorisation
Section 22 repealed 26 September 2013 section 22 Government Communications Security Bureau Amendment Act 2013
23: Destruction of irrelevant records obtained by interception
1: Every person who intercepts any communication under section 16 permitted by section 25
a: the protection or advancement of 1 or more of the interests specified in section 7
b: any of the Bureau’s functions under section 8A 8B
2: Every person commits an offence and is liable on 1969 No 24 s 4G Section 23(1) amended 26 September 2013 section 23(1) Government Communications Security Bureau Amendment Act 2013 Section 23(1) amended 26 September 2013 section 23(2) Government Communications Security Bureau Amendment Act 2013 Section 23(1)﻿(a) amended 26 September 2013 section 23(3) Government Communications Security Bureau Amendment Act 2013 Section 23(1)﻿(b) amended 26 September 2013 section 23(4) Government Communications Security Bureau Amendment Act 2013 Section 23(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
24: Duty to minimise impact of interception on third parties
Every person who, in accordance with section 16 an 1969 No 24 s 4F(1) Section 24 amended 26 September 2013 section 24 Government Communications Security Bureau Amendment Act 2013
25: When incidentally obtained intelligence may be retained and communicated to other persons
1: Despite section 23
a: retain incidentally obtained intelligence that comes into the possession of the Bureau for 1 or more of the purposes specified in subsection (2); and
b: communicate that intelligence to the persons specified in subsection (3).
2: The purposes are—
a: preventing or detecting serious crime in New Zealand or any other country:
b: preventing or avoiding the loss of human life on the high seas:
c: preventing or responding to threats to human life in New Zealand or any other country:
d: identifying, preventing, or responding to threats or potential threats to the security or defence of New Zealand or any other country.
3: The persons are—
a: any employee of the New Zealand Police:
b: any member of the New Zealand Defence Force:
c: the Director of Security under the New Zealand Security Intelligence Service Act 1969
d: any public authority (whether in New Zealand or overseas) that the Director thinks fit to receive the information. Section 25 replaced 26 September 2013 section 25 Government Communications Security Bureau Amendment Act 2013 Protection and disclosure of personal information Heading inserted 26 September 2013 section 26 Government Communications Security Bureau Amendment Act 2013
25A: Formulation of policy on personal information
1: As soon as is reasonably practicable after the commencement of this section, the Director must, in consultation with the Inspector-General of Intelligence and Security and the Privacy Commissioner, formulate a policy that applies to the Bureau (in a manner compatible with the requirements of national security) the principles set out in section 25B
2: The policy must require—
a: all employees and persons acting on behalf of the Bureau to comply with the policy; and
b: the level of compliance with the policy to be regularly audited.
3: The Director must advise the Privacy Commissioner of the results of audits conducted under the policy.
4: The Privacy Commissioner may provide a report to the Inspector-General of Intelligence and Security if the results of the audits disclose issues that need to be addressed.
5: The Director must regularly review the policy at intervals of not more than 3 years and, if he or she considers it appropriate to do so, revise the policy in consultation with the Inspector-General of Intelligence and Security and the Privacy Commissioner. Section 25A inserted 26 September 2013 section 26 Government Communications Security Bureau Amendment Act 2013
25B: Principles to protect personal information
The principles referred to in section 25A(1)
a: the Bureau must not collect personal information unless—
i: the information is collected for a lawful purpose connected with a function of the Bureau; and
ii: the collection of the information is reasonably necessary for that purpose, having regard to the nature of intelligence gathering:
b: the Bureau must ensure—
i: that any personal information it holds is protected by such security safeguards as it is reasonable in the circumstances to take against—
A: loss; and
B: access, use, modification, or disclosure, except with the authority of the Bureau; and
C: other misuse; and
ii: that if it is necessary for any personal information that it holds to be given to a person in connection with the provision of a service to the Bureau, everything reasonably within the power of the Bureau is done to prevent unauthorised use or unauthorised disclosure of the information:
c: the Bureau must not use personal information without taking such steps (if any) as are, in the light of the interests and constraints of national security and the nature of intelligence gathering, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading:
d: the Bureau must not keep personal information longer than is required for the purposes for which the information may be lawfully used. Section 25B inserted 26 September 2013 section 26 Government Communications Security Bureau Amendment Act 2013
3A: Transitional provisions relating to amendments to Act
Part 3A inserted 26 September 2013 section 27 Government Communications Security Bureau Amendment Act 2013
25C: Transitional provisions relating to amendments to Act
The transitional provisions set out in the Schedule Section 25C inserted 26 September 2013 section 27 Government Communications Security Bureau Amendment Act 2013
4: Provisions relating to other enactments
26: Amendment to Crimes Act 1961
Amendment(s) incorporated in the Act(s)
27: Amendment to Higher Salaries Commission Act 1977
Amendment(s) incorporated in the Act(s)
28: Amendment to Inspector-General of Intelligence and Security Act 1996
Amendment(s) incorporated in the Act(s)
29: Amendment to New Zealand Security Intelligence Service Act 1969
Amendment(s) incorporated in the Act(s)
30: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
31: Amendment to Public Finance Act 1989
Amendment(s) incorporated in the Act(s)
32: Amendment to Radiocommunications Act 1989
Amendment(s) incorporated in the Act(s)
33: Amendments to State Sector Act 1988
Amendment(s) incorporated in the Act(s)
34: Certain provisions of State Sector Act 1988 not to apply
Sections 30 40 58(2) 68
35: Revocation
The Crimes (Exemption of Listening Device) Order 1997 (SR 1997/145)