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78AA: Wrongful communication, retention, or copying of classified information
or “A law that punishes people who share, keep, or copy secret government information without permission”
You could also call this:

“Sharing, keeping, or copying secret government information without permission can get you in big trouble.”

You could go to prison for up to 3 years if you owe allegiance to New Zealand and do any of these things:

You knowingly or recklessly share official information or give objects to someone else without proper authority, and you know this might harm New Zealand’s security or defence.

You keep or copy an official document to harm New Zealand’s security or defence. You must know you don’t have permission to keep or copy it, know it’s about New Zealand’s security or defence, and know that sharing it without permission could harm New Zealand’s security or defence.

You don’t follow official instructions to return a document that you have or control. You must know the document is about New Zealand’s security or defence, and that sharing it without permission could seriously harm New Zealand’s security or defence.

‘Official information’ means information held by government departments, ministers, organisations, or people working for them. It includes information held overseas by their branches. It also includes information held by groups set up to help or advise these departments, ministers, or organisations.

An ‘object’ is something that belongs to or is in the care of a government department, minister, organisation, or someone working for them.

‘Organisations’ are those listed in Part 2 of Schedule 1 of the Ombudsmen Act 1975 or Schedule 1 of the Official Information Act 1982.

A ‘statutory officer’ is someone who holds an official position created by law or performs duties given to them by law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 78B: Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of classified information or official information

or “The Attorney-General must agree before someone can be charged with spying or mishandling secret information.”
Next

Part 5 Crimes against public order
Treason and other crimes against the Sovereign and the State

78AWrongful communication, retention, or copying of official information

  1. Every one is liable to imprisonment for a term not exceeding 3 years who, being a person who owes allegiance to the Sovereign in right of New Zealand, within or outside New Zealand,—

  2. knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any official information or delivers any object to any other person knowing that such communication or delivery is likely to prejudice the security or defence of New Zealand; or
    1. with intent to prejudice the security or defence of New Zealand, retains or copies any official document—
      1. which he or she knows he or she does not have proper authority to retain or copy; and
        1. which he or she knows relates to the security or defence of New Zealand; and
          1. which would, by its unauthorised disclosure, be likely to prejudice the security or defence of New Zealand; or
          2. knowingly fails to comply with any directions issued by a lawful authority for the return of an official document—
            1. which is in his or her possession or under his or her control; and
              1. which he or she knows relates to the security or defence of New Zealand; and
                1. which would, by its unauthorised disclosure, be likely to prejudice seriously the security or defence of New Zealand.

                2. In this section,—

                  department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975

                    object means any object which—is entitled to have in its or his or her possession by virtue of its or his or her rights as the owner, hirer, lessee, bailee, or custodian of that object

                    1. a department; or
                      1. a Minister of the Crown in his or her official capacity; or
                        1. an organisation; or
                          1. an officer or employee of any department or organisation in his or her capacity as such an officer or employee or in his or her capacity as a statutory officer; or
                            1. an independent contractor engaged by any department or Minister of the Crown or organisation in his or her capacity as such contractor; or
                              1. a branch or post, outside New Zealand, of a department or organisation; or
                                1. an unincorporated body (being a board, council, committee, subcommittee, or other body)—
                                  1. which is established for the purpose of assisting or advising, or performing functions connected with, any department or Minister of the Crown or organisation; and
                                    1. which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation,—

                                    official information—

                                    1. means any information held by—
                                      1. a department; or
                                        1. a Minister of the Crown in his or her official capacity; or
                                          1. an organisation; or
                                            1. an officer or employee of any department or organisation in his or her capacity as such an officer or employee or in his or her capacity as a statutory officer; or
                                              1. an independent contractor engaged by any department or Minister of the Crown or organisation in his or her capacity as such contractor; and
                                              2. includes any information held outside New Zealand by any branch or post of—
                                                1. a department; or
                                                  1. an organisation; and
                                                  2. includes any information held by an unincorporated body (being a board, council, committee, subcommittee, or other body)—
                                                    1. which is established for the purpose of assisting or advising, or performing functions connected with, any department or Minister of the Crown or organisation; and
                                                      1. which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation

                                                      organisation means—

                                                      1. an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975:
                                                        1. an organisation named in Schedule 1 of the Official Information Act 1982

                                                          statutory officer means a person—

                                                          1. holding or performing the duties of an office established by an enactment; or
                                                            1. performing duties expressly conferred on him or her by virtue of his or her office by an enactment.

                                                            Notes
                                                            • Section 78A: inserted, on , by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).