New Zealand Security Intelligence Service Act 1969

1: Short Title
This Act may be cited as the New Zealand Security Intelligence Service Act 1969.
2: Interpretation
1: In this Act, unless the context otherwise requires,— authorised person Commissioner section 5A copy delegate of the Director section 5AA Director document section 2(1) domestic intelligence warrant section 4A(1) electronic tracking employee paragraph (b) of subsection (1) of section 6 paragraph (b) of section 9 espionage section 78 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 foreign
a: in relation to capabilities, intentions, or activities, means controlled, entertained, or undertaken by 1 or more foreign organisations or foreign persons:
b: in relation to intelligence, means intelligence relating to 1 or more foreign organisations or foreign persons foreign intelligence warrant section 4A(2) 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—
i: that is not a body 50% or more of whose members are New Zealand citizens or permanent residents; and
ii: that carries on activities wholly or in part outside New Zealand foreign person identity intelligence warrant intercept interception Minister officer paragraph (a) of subsection (1) of section 6 paragraph (a) of section 9 Officials Committee for Domestic and External Security Coordination permanent resident Immigration Act 2009 place removal warrant section 4I sabotage section 79 security
a: the protection of New Zealand from acts of espionage, sabotage,
b: the identification of foreign capabilities, intentions, or activities within or relating to New Zealand that impact on New Zealand's international well-being or economic well-being:
c: the protection of New Zealand from activities within or relating to New Zealand that—
i: are influenced by any foreign organisation or any foreign person; and
ii: are clandestine or deceptive, or threaten the safety of any person; and
iii: impact adversely on New Zealand's international well-being or economic well-being:
d: the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act the Security Intelligence Service the Service seize seizure State services section 2 subversion
a: the overthrow by force of the Government of New Zealand; or
b: the undermining by unlawful means of the authority of the State in New Zealand terrorist act section 5(1) warrant
2: Nothing in this Act limits the right of persons to engage in lawful advocacy, protest, or dissent in respect of any matter, and, accordingly, the exercise of that right does not, of itself, justify the Security Intelligence Service in instituting surveillance of any person or entity or any class of person or entity within New Zealand. Section 2(1) authorised person inserted 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) Commissioner inserted 1 September 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 2(1) copy inserted 1 April 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 Section 2(1) delegate of the Director inserted 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) document inserted 1 April 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 Section 2(1) domestic intelligence warrant inserted 13 July 2011 section 5(3) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) domestic interception warrant repealed 13 July 2011 section 5(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) electronic tracking inserted 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) espionage substituted 1 July 1983 section 50 Official Information Act 1982 Section 2(1) facility inserted 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) foreign inserted 1 September 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 2(1) foreign intelligence warrant inserted 13 July 2011 section 5(3) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) foreign interception warrant repealed 13 July 2011 section 5(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) foreign organisation inserted 1 September 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 2(1) foreign person inserted 1 September 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 2(1) identity inserted 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) intelligence warrant inserted 13 July 2011 section 5(3) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) intercept inserted 16 November 1977 New Zealand Security Intelligence Service Amendment Act 1977 Section 2(1) interception warrant repealed 13 July 2011 section 5(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) New Zealand Intelligence Council repealed 2 July 1996 section 2(1)﻿(b) New Zealand Security Intelligence Service Amendment Act 1996 Section 2(1) Officials Committee for Domestic and External Security Coordination inserted 2 July 1996 section 2(2) New Zealand Security Intelligence Service Amendment Act 1996 Section 2(1) permanent resident substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 2(1) place inserted 1 April 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 Section 2(1) removal warrant inserted 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(1) security substituted 1 September 1999 section 2(2) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 2(1) security amended 31 October 2003 section 3(1)﻿(a) New Zealand Security Intelligence Service Amendment Act 2003 Section 2(1) security added 31 October 2003 section 3(1)﻿(b) New Zealand Security Intelligence Service Amendment Act 2003 Section 2(1) seize inserted 1 April 1999 section 2(1) New Zealand Security Intelligence Service Amendment Act 1999 Section 2(1) State services substituted 2 July 1996 section 2(4) New Zealand Security Intelligence Service Amendment Act 1996 Section 2(1) terrorism repealed 31 October 2003 section 3(2) New Zealand Security Intelligence Service Amendment Act 2003 Section 2(1) terrorist act inserted 31 October 2003 section 3(2) New Zealand Security Intelligence Service Amendment Act 2003 Section 2(1) warrant added 13 July 2011 section 5(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 2(2) added 1 September 1999 section 2(3) New Zealand Security Intelligence Service Amendment Act (No 2) 1999
2A: Act to bind the Crown
This Act shall bind the Crown. Section 2A inserted 2 July 1996 section 3 New Zealand Security Intelligence Service Amendment Act 1996
3: New Zealand Security Intelligence Service
1: Subject to the provisions of this Act, there shall continue to be a New Zealand Security Intelligence Service.
2: The New Zealand Security Intelligence Service to which this Act applies is hereby declared to be the same Service as the Service known as the New Zealand Security Service which was established on 28 November 1956.
4: Functions of New Zealand Security Intelligence Service
1: Subject to the control of the Minister, the functions of the New Zealand Security Intelligence Service shall be—
a: to obtain, correlate, and evaluate intelligence relevant to security, and to communicate any such intelligence to such persons, and in such manner, as the Director considers to be in the interests of security:
b: to advise Ministers of the Crown, where the Director is satisfied that it is necessary or desirable to do so, in respect of matters relevant to security, so far as those matters relate to departments or branches of the State services of which they are in charge:
ba: to advise any of the following persons on protective measures that are directly or indirectly relevant to security:
i: Ministers of the Crown or government departments:
ii: public authorities:
iii: any person who, in the opinion of the Director, should receive the advice:
bb: to conduct inquiries into whether particular individuals should be granted security clearances, and to make appropriate recommendations based on those inquiries:
bc: to make recommendations in respect of matters to be decided under the Citizenship Act 1977 Immigration Act 2009
c: to co-operate as far as practicable and necessary with such State services and other public authorities in New Zealand and abroad as are capable of assisting the Security Intelligence Service in the performance of its functions:
d: to inform the Officials Committee for Domestic and External Security Coordination of any new area of potential relevance to security in respect of which the Director has considered it necessary to institute surveillance.
2: It is not a function of the Security Intelligence Service to enforce measures for security.
3: Section 4(1)﻿(ba) inserted 1 September 1999 section 3(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4(1)﻿(bb) inserted 1 September 1999 section 3(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4(1)﻿(bc) inserted 1 September 1999 section 3(1) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4(1)﻿(bc) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 4(1)﻿(d) substituted 2 July 1996 section 4(1) New Zealand Security Intelligence Service Amendment Act 1996 Section 4(2) substituted 1 September 1999 section 3(2) New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4(3) repealed 1 September 1999 section 3(2) New Zealand Security Intelligence Service Amendment Act (No 2) 1999
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) does not impose particular duties on, or give particular powers to, the Security Intelligence Service, the Director, any employee of the Service, or the Minister. Section 4AAA inserted 13 July 2011 section 6 New Zealand Security Intelligence Service Amendment Act 2011
4AA: Political neutrality of New Zealand Security Intelligence Service
1: The Director must take all reasonable steps to ensure that—
a: the activities of the Security Intelligence Service are limited to those that are relevant to the discharge of its functions:
b: the Security Intelligence Service is kept free from any influence or consideration that is not relevant to its functions:
c: the Security Intelligence Service does not take any action for the purpose of furthering or harming the interests of any political party.
2: The Minister may not direct the Security Intelligence Service to institute the surveillance of any person or entity or any class of person or entity within New Zealand.
3: The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to security.
4: Subsection (2) prevails over section 4(1) Section 4AA inserted 1 September 1999 section 4 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
4A: Issue of
intelligence warrant
1: The Minister and the Commissioner may jointly issue a domestic intelligence warrant or to undertake electronic tracking,
2: The Minister may issue a foreign intelligence warrant or to undertake electronic tracking,
a: the conditions specified in subsection (3) apply to the proposed warrant; and
b: there are reasonable grounds for believing—
i: that no New Zealand citizen or permanent resident is to be identified by the proposed warrant as a person who is to be subject to the warrant
ii: that any place to be specified in the proposed warrant is occupied by a foreign organisation or a foreign person.
3: The conditions referred to in subsections (1) and (2) are that—
a: the interception or seizure or electronic tracking
i: for the detection of activities prejudicial to security; or
ii: for the purpose of gathering foreign intelligence information essential to security; and
b: the value of the information sought to be obtained under the proposed warrant justifies the particular interception or seizure or electronic tracking
c: the information is not likely to be obtained by any other means; and
d: any communication sought to be intercepted or seized under the proposed warrant is not privileged in proceedings in a court of law under—
i: section 58 59
ii: any rule of law that confers privilege on communications of a professional nature between a lawyer and his or her client.
3A:
3B:
3C:
3D:
3E:
4: An intelligence warrant
5: Before issuing an intelligence warrant section 2(1)
6: Every person who is an authorised person under an intelligence warrant or a removal warrant, and every person requested under section 4D(2)
a: no civil or criminal proceedings shall lie against him by reason of his so doing; and
b: the issue of the warrant shall not be subject to judicial review under the Judicial Review Procedure Act 2016
7: Where it is necessary to prove in any proceedings in any court that any person was acting at any time pursuant to an intelligence warrant
8: Subsection (6) is in addition to and not in derogation of any other enactment relating to the execution of warrants.
9: This section shall have effect notwithstanding anything to the contrary in any other Act.
10: The expiry of an intelligence warrant Section 4A inserted 16 November 1977 New Zealand Security Intelligence Service Amendment Act 1977 Section 4A heading amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(1) substituted 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(1) amended 13 July 2011 section 7(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(1) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(2) substituted 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(2) amended 13 July 2011 section 7(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(2) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(2)﻿(b)﻿(i) amended 13 July 2011 section 7(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(3) substituted 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(3)﻿(a) amended 13 July 2011 section 7(3) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(3)﻿(b) amended 13 July 2011 section 7(3) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(3)﻿(d)﻿(i) substituted 13 July 2011 section 7(4) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(3A) repealed 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(3B) repealed 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(3C) repealed 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(3D) repealed 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(3E) repealed 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(4) substituted 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(4) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(5) substituted 1 September 1999 section 5 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4A(5) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(6) amended 13 July 2011 section 7(5) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(6)﻿(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 4A(7) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4A(10) added 1 April 1999 section 3(8) New Zealand Security Intelligence Service Amendment Act 1999 Section 4A(10) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011
4AB: Removal of device or equipment after warrant ceases to be in force
Section 4AB repealed 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Matters to be stated in intelligence warrants Heading inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Heading amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011
4B: Subject matter of
intelligence warrant
1: Every intelligence warrant
a: specify the type of communication, document, or thing to be intercepted or seized; and
b: state the identity of the persons, if known, whose communications are sought to be intercepted, or (if the identity of the persons is not known) the place or the facility
c: if documents or things are to be seized, state either or both of the following:
i: the place or the facility
ii: the identity of the person in whose possession or control the documents or things are likely to be ; 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.
2: A domestic intelligence warrant
3: A foreign intelligence warrant
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) section 4F(1) Section 4B substituted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4B heading amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(1) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(1)﻿(b) amended 13 July 2011 section 8(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(1)﻿(c)﻿(i) amended 13 July 2011 section 8(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(1)﻿(c)﻿(ii) amended 13 July 2011 section 8(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(1)﻿(d) added 13 July 2011 section 8(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(2) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(3) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(4) added 13 July 2011 section 8(3) New Zealand Security Intelligence Service Amendment Act 2011 Section 4B(5) added 13 July 2011 section 8(3) New Zealand Security Intelligence Service Amendment Act 2011
4BA: Duty to minimise impact of interception warrants on third parties
Section 4BA repealed 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
4C: Term of
intelligence warrant
1: Every intelligence warrant intelligence warrant
2: The expiry of an intelligence warrant intelligence warrant Section 4C substituted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4C heading amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4C(1) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4C(2) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011
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) must be recorded in writing.
4: Every person who assists the authorised person, in accordance with a request made under subsection (2), is subject to the control of the authorised person.
5: If an organisation is requested under subsection (2), any employee of the organisation whom the organisation nominates to assist the authorised person is taken to have been requested under that subsection.
6: In this section, organisation Section 4D substituted 13 July 2011 section 9 New Zealand Security Intelligence Service Amendment Act 2011 Powers of persons acting under intelligence warrants Heading substituted 13 July 2011 section 9 New Zealand Security Intelligence Service Amendment Act 2011
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)
c: any place where a person identified in the warrant under section 4B(1)﻿(b) or (c)
d: in any case where a facility is identified in the warrant under section 4B(1)﻿(b) or (c)
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) or (d) is subject to section 4F
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. Section 4E substituted 13 July 2011 section 9 New Zealand Security Intelligence Service Amendment Act 2011 Actions to mitigate impact of intelligence warrants Heading inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Heading amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011
4F: Duty to minimise impact of
intelligence warrants
1: In any case where an intelligence warrant intelligence warrant
2: A person acting under an intelligence warrant
a: owned or occupied by a person identified in the warrant under section 4B(1)﻿(b) or (1)﻿(c)
b: specified in the intelligence warrant
3: As soon as an approval is given under subsection (2), the Director (or the person for the time being acting as the Director) must—
a: advise the Minister of the approval; and
b: if the intelligence warrant intelligence warrant
4: When the Minister is advised under subsection (3)﻿(a) of an approval, the Minister may direct every person acting under the warrant concerned not to proceed with, or to discontinue, interceptions or seizures of communications or documents or things at the place to which the approval relates.
5: When the Commissioner is advised under subsection (3)﻿(b) of an approval, the Commissioner, after consultation with the Minister, may direct every person acting under the warrant concerned not to proceed with, or to discontinue, interceptions or seizures of communications or documents or things at the place to which the approval relates.
6: The Director (or the person for the time being acting as the Director) must ensure that every direction under this section is carried out without delay. Section 4F inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4F heading amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4F(1) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4F(2) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4F(2)﻿(b) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4F(3)﻿(b) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011
4G: Destruction of irrelevant records obtained by interception
or electronic tracking
1: Every person who intercepts or seizes any communication in accordance with an intelligence warrant
a: destroy any copy that he or she may make of the communication or any part of the communication, and any record, whether in writing or otherwise, of the information obtained by that interception or seizure, except to the extent that the information recorded in the copy or record relates directly or indirectly to the detection of activities prejudicial to security or comprises foreign intelligence information essential to security:
b: if the communication has been seized from mail in transit, return it to the mail for delivery in the normal course:
c: in the case of any other letter or document or thing that has been intercepted or seized, return it to the place from which it was intercepted or seized if the Director considers that it is practicable to do so.
2: However, if the Director considers that the return of any communication to the mail might lead to consequences that would endanger life or property, or if the Director considers that it is not practicable to return any letter or document or thing to the place from which it was intercepted or seized, the Director must, as soon as practicable after the interception or seizure, consult the Solicitor-General as to the disposition of the communication, and must dispose of it as the Solicitor-General requires.
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: Every person who knowingly fails to comply with subsection (1) or (2A) Section 4G inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4G heading amended 13 July 2011 section 10(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4G(1) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4G(2A) inserted 13 July 2011 section 10(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 4G(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4G(3) amended 13 July 2011 section 10(3) New Zealand Security Intelligence Service Amendment Act 2011
4H: Prevention or detection of serious crime
1: Despite sections 4(1)﻿(a) 4IB(10) 4IE(9) 4G(1)﻿(a) employees
2: In subsection (1), 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 4H inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4H(1) amended 12 December 2014 section 5 New Zealand Security Intelligence Service Amendment Act 2014 Section 4H(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 4H(2)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4H(2)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Retrieval of previously installed devices Heading inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
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) must specify a period not exceeding 12 months for which the warrant is valid. Section 4I substituted 13 July 2011 section 11 New Zealand Security Intelligence Service Amendment Act 2011 Visual surveillance warrants Heading repealed 1 April 2017 section 4IG
4IA: Interpretation
Section 4IA repealed 1 April 2017 section 4IG
4IB: Issue of visual surveillance warrant
Section 4IB repealed 1 April 2017 section 4IG
4IC: Provisions applying to visual surveillance warrants
Section 4IC repealed 1 April 2017 section 4IG Situations of emergency or urgency Heading repealed 1 April 2017 section 4IG
4ID: Intelligence warrant or visual surveillance warrant need not be obtained in some situations of emergency or urgency
Section 4ID repealed 1 April 2017 section 4IG
4IE: Requirements after authorisation under section 4ID(1) given
Section 4IE repealed 1 April 2017 section 4IG
4IF: Provisions applying to authorisations under section 4ID(1)
Section 4 IF repealed 1 April 2017 section 4IG Repeals Heading repealed 1 April 2017 section 4IG
4IG: Repeals
2017-04-01 New Zealand Security Intelligence Service Act 1969 Applies to repeal of headings and sections 4IA to 4IG Section 4IG repealed 1 April 2017 Reporting by Service Heading inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
4J: 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 Service 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, without delay, submit a copy of the report to the members of the Intelligence and Security Committee established under the 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—
a: accords with any directions given under subsection (4); and
b: includes the statement on warrants required by section 4K
c:
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 statements referred to in subsection (3)﻿(b) and section 45E(1)﻿(c)﻿(i) the Public Finance Act 1989
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 the privacy of an individual.
5: Section 4J inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4J(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 4J(3)﻿(c) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 4J(4) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 4J(5) repealed 2 April 2003 section 29 Government Communications Security Bureau Act 2003
4K: Statement on warrants
1: The Director must include in every annual report prepared under section 4J the reporting period
2: The statement must include the following information on the domestic intelligence warrants
a: the number of those domestic intelligence warrants
b: the average length (expressed in days) for which those domestic intelligence warrants
c: whether those domestic intelligence warrants
d: the number of any amendments domestic intelligence warrants
e: the methods of interception and seizure used under those domestic intelligence warrants
f: a general assessment of the importance of those domestic intelligence warrants
3: The statement must include the following information on removal warrants that were in force at any time during the reporting period
a: the number of those removal warrants:
b: the average length (expressed in days) for which those removal warrants were in force during the reporting period.
4: The statement must indicate whether any foreign intelligence warrants Section 4K inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4K(2) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(a) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(b) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(c) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(d) amended 13 July 2011 section 12(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(d) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(e) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(2)﻿(f) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(3) amended 13 July 2011 section 12(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 4K(4) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011
4L: Certificate by Minister
1: The Minister must—
a: certify that the information set out in the statement on warrants prepared under section 4K
b: endorse the certificate on the annual report in which the statement is set out.
2: Before giving the certificate under subsection (1), the Minister must review—
a: all intelligence warrants
b: all removal warrants Section 4L inserted 1 September 1999 section 6 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 4L(2)﻿(a) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 4L(2)﻿(b) amended 13 July 2011 section 13 New Zealand Security Intelligence Service Amendment Act 2011 Director of Security Heading inserted 13 July 2011 section 14 New Zealand Security Intelligence Service Amendment Act 2011
5: Director of Security
1: There shall be a Director of Security who shall control the Security Intelligence Service.
2: The Director of Security shall be appointed by the Governor-General, and shall hold office under a contract of service for such term, and (subject to the Remuneration Authority Act 1977
3: The Director of Security shall be responsible to the Minister for the efficient and proper working of the Security Intelligence Service.
4: Section 5(2) substituted 16 November 1977 New Zealand Security Intelligence Service Amendment Act 1977 Section 5(2) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 5(4) repealed 16 November 1977 New Zealand Security Intelligence Service Amendment Act 1977
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 Section 5AA inserted 13 July 2011 section 15 New Zealand Security Intelligence Service Amendment Act 2011
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 Section 5AAB inserted 13 July 2011 section 15 New Zealand Security Intelligence Service Amendment Act 2011
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) or (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) is revoked, the Director must enter the revocation in the register kept under that subsection.
3: The Director must, on request, make the register kept under subsection (1) available for inspection to each of the following persons:
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 Section 5AAC inserted 13 July 2011 section 15 New Zealand Security Intelligence Service Amendment Act 2011 Commissioner of Security Warrants Heading inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
5A: Commissioner of Security Warrants
1: There is a Commissioner of Security Warrants.
2: The Commissioner is appointed by the Governor-General on the recommendation of the Prime Minister following consultation with the Leader of the Opposition.
3: No person may be appointed as the Commissioner unless that person has previously held office as a Judge of the High Court.
4: No person may at the same time hold office as Commissioner and as lnspector-General under the Inspector-General of Intelligence and Security Act 1996
5: The functions of the Commissioner are—
a: to advise the Minister on applications for domestic intelligence warrants
b: to consider with the Minister applications for domestic intelligence warrants
c: to deliberate with the Minister on applications for domestic intelligence warrants
d: to issue domestic intelligence warrants section 4A
e: to consider advice, given to the Commissioner under section 4F(3)
f: after consulting the Minister, to give directions under section 4F(5)
g: to conduct reviews under section 56 1996 No 47 s 5 Section 5A inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 5A(5)﻿(a) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 5A(5)﻿(b) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 5A(5)﻿(c) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 5A(5)﻿(d) amended 13 July 2011 section 17(1) New Zealand Security Intelligence Service Amendment Act 2011 Section 5A(5)﻿(g) inserted 11 May 2014 section 123 Telecommunications (Interception Capability and Security) Act 2013
5B: Term of office
1: Every person appointed as the Commissioner must be appointed for a term of 3 years, and may from time to time be reappointed.
2: When a person's term as Commissioner expires, the person, unless sooner vacating office by death or by resignation, or by removal from office under section 5C
a: the person is reappointed as Commissioner; or
b: the person's successor comes into office.
3: The person appointed as Commissioner may at any time resign his or her office by written notice given to the Minister. 1996 No 47 s 6 Section 5B inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
5C: Removal of Commissioner
The person appointed as Commissioner may be removed or suspended from office by the Governor-General, upon an address from the House of Representatives, for disability affecting performance of duty, bankruptcy, neglect of duty, or misconduct. 1996 No 47 s 7 Section 5C inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
5D: Protection of Commissioner
The Commissioner has all the immunities of a Judge of the High Court. Section 5D inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
5E: Remuneration and allowances
1: The Commissioner is to be paid out of public money, without further appropriation than this section, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
2: The provisions of the Fees and Travelling Allowances Act 1951 1996 No 47 s 8 Section 5E inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
5F: Disclosure of interests
The 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 by the Commissioner of his or her functions under this Act. 1996 No 47 s 9 Section 5F inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999
5G: Exercise of Commissioner's functions during absence, etc
1: This section applies when—
a: there is a vacancy in the office of Commissioner; or
b: the Commissioner is absent from New Zealand; or
c: the Commissioner is unable, for any reason, to perform the functions of the Commissioner.
2: When this section applies, the references to the Commissioner in sections 4A 4F 4IB 4IE Section 5G inserted 1 September 1999 section 7 New Zealand Security Intelligence Service Amendment Act (No 2) 1999 Section 5G(2) amended 12 December 2014 section 6 New Zealand Security Intelligence Service Amendment Act 2014
6: Officers and employees
1: Subject to the provisions of this Act, the Director may, on behalf of the Government of New Zealand,—
a: employ, under agreements in writing, such officers of the Security Intelligence Service as he thinks necessary for the purposes of this Act; and
b: engage such employees as he thinks necessary for those purposes.
2: Section 6(2) repealed 25 January 2005 section 18 State Sector Amendment Act (No 2) 2004
7: Grading of offices
Section 7 repealed 25 January 2005 section 18 State Sector Amendment Act (No 2) 2004
8: Conditions of employment
1: Nothing in the State Sector Act 1988
2: Subject to the provisions of this Act, the Director must determine—
a: the terms and conditions on which the Director employs persons as officers of the Security Intelligence Service; and
b: the terms and conditions applicable to employees of that Service. Section 8(1) amended 1 April 1988 section 90(a) State Sector Act 1988 Section 8(2) substituted 25 January 2005 section 18 State Sector Amendment Act (No 2) 2004
9: Special provisions relating to existing officers and employees
A person who was employed in the Security Intelligence Service immediately before the commencement of this Act shall,—
a: if he was so employed under an agreement providing for his services to continue for a period exceeding 1 year from the time when his employment under the agreement commenced, continue to be employed upon the terms and conditions specified in the agreement unless and until he agrees to accept other terms and conditions:
b: if he was so employed otherwise than under such an agreement, continue to be employed under the terms and conditions applicable to him immediately before the commencement of this Act unless and until other terms and conditions applicable to him are determined under section 8
10: Officers and employees of Public Service
In the event of a person being or having been appointed (whether before or after the commencement of this Act) as a member of the Security Intelligence Service while he is an officer of or employed in any department or branch of the Public Service and thereafter having his appointment in the Security Intelligence Service terminated, it shall be the responsibility of the department or branch of the Public Service to re-employ him—
a: at the same grading as he had when he left that department or branch if there is in the opinion of the chief executive
b: if there is no such available suitable position, at a lesser grading. Section 10(a) amended 1 April 1988 section 90(d) State Sector Act 1988
11: Employment of Director and officers not terminable at will
The appointment of the Director, and the employment of an officer of the Security Intelligence Service, shall be terminated only in accordance with a term or condition of his appointment or employment.
12: Application of
Government Superannuation Fund Act 1956
1: In any case where a person employed in the Security Intelligence Service immediately before the commencement of this Act (including the person holding office as Director of Security immediately before the commencement of this Act) was immediately before the commencement of this Act contributing to the Government Superannuation Fund, or in any case where a person is appointed after the commencement of this Act as Director or as an officer or employee of the Security Intelligence Service, his service in the Security Intelligence Service shall be deemed for the purposes of the Government Superannuation Fund Act 1956
2: For the purposes of the Government Superannuation Fund Act 1956 Section 12 heading amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 12(1) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 12(2) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976
12A: Prohibition on unauthorised disclosure of information
1: An officer or employee of the Security Intelligence Service, or a former officer or employee of the Service, shall not disclose or use any information gained by or conveyed to him through his connection with the Service otherwise than in the strict course of his official duties or as authorised by the Minister.
2: A person who, by any intelligence warrant, visual surveillance warrant, or authorisation under section 4ID(1) or to undertake electronic tracking or electronic tracking
3: A person who acquires knowledge of any information knowing that it was gained as a result of any interception or seizure , or electronic tracking, intelligence warrant, visual surveillance warrant, or authorisation under section 4ID(1)
4: Every person commits an offence and is liable on conviction Section 12A inserted 16 November 1977 section 7(1) New Zealand Security Intelligence Service Amendment Act 1977 Section 12A(2) amended 12 December 2014 section 7(1) New Zealand Security Intelligence Service Amendment Act 2014 Section 12A(2) amended 13 July 2011 section 16(1)﻿(a) New Zealand Security Intelligence Service Amendment Act 2011 Section 12A(2) amended 13 July 2011 section 16(1)﻿(b) New Zealand Security Intelligence Service Amendment Act 2011 Section 12A(3) amended 12 December 2014 section 7(2) New Zealand Security Intelligence Service Amendment Act 2014 Section 12A(3) amended 13 July 2011 section 16(2) New Zealand Security Intelligence Service Amendment Act 2011 Section 12A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
13: Personation
Every person commits an offence and is liable on Section 13 amended 1 July 2013 section 413 Criminal Procedure Act 2011
13A: Restriction on publication and broadcasting of information regarding staff
1: Every person commits an offence and is liable on
a: a member of the New Zealand Security Intelligence Service other than the Director; or
b: is connected in any way with a member of the New Zealand Security Intelligence Service.
2: Nothing in this section shall restrict the broadcasting or 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 shall be sufficient authority to all persons to act in accordance therewith. Section 13A inserted 16 November 1977 New Zealand Security Intelligence Service Amendment Act 1977 Section 13A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Commissioner of Security Appeals Heading repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
14: Commissioner of Security Appeals
Section 14 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
15: Remuneration and travelling allowances of Commissioner
Section 15 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
16: Oath to be taken by Commissioner
Section 16 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
17: Function of the Commissioner
Section 17 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
18: Mode of complaint
Section 18 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
19: Commissioner may refuse to inquire into complaint
Section 19 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
20: Proceedings of Commissioner
Section 20 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
20A: Disclosure of certain matters not to be required
Section 20A repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
21: Action by Commissioner
Section 21 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
22: Action by Minister
Section 22 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
23: Restriction on publication and broadcasting
Section 23 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996
24: Proceedings and findings privileged
Section 24 repealed 2 July 1996 section 7(1) New Zealand Security Intelligence Service Amendment Act 1996