78AWrongful communication, retention, or copying of relevant 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 information that is, or was, relevant 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
3. 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
   2. which he or she knows relates to the security or defence of New Zealand; and
   3. which would, by its unauthorised disclosure, be likely to prejudice the security or defence of New Zealand; or
4. 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
   2. which he or she knows relates to the security or defence of New Zealand; and
   3. which would, by its unauthorised disclosure, be likely to prejudice seriously the security or defence of New Zealand.

5. In this section,—

   document has the meaning given in section 217

   information includes information about military tactics, techniques, or procedures

   local authority means a local authority or public body named or specified in Schedule 1 or 2 of the Local Government Official Information and Meetings Act 1987 and includes—

   1. any committee or subcommittee or standing committee or special committee or joint standing committee or joint special committee that the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceedings; and
   2. a committee of the whole local authority

   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 public service agency; or
   2. a local authority; or
   3. a relevant office; or
   4. a Minister of the Crown in his or her official capacity; or
   5. an organisation; or
   6. an officer or employee of any public service agency or local authority or relevant office or organisation in his or her capacity as such an officer or employee or in his or her capacity as a statutory officer; or
   7. an independent contractor engaged by any public service agency or local authority or relevant office or Minister of the Crown or organisation in his or her capacity as such contractor; or
   8. a branch or post, outside New Zealand, of a public service agency or local authority or relevant office or organisation; or
   9. 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 public service agency or local authority or relevant office or Minister of the Crown or organisation; and
      2. which is so established in accordance with the provisions of any enactment or by any public service agency or local authority or relevant office or Minister of the Crown or organisation,—

   organisation means—

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

   public service agency means a department, departmental agency, interdepartmental executive board, or interdepartmental venture named in Parts 1 to 1C of Schedule 1 of the Ombudsmen Act 1975

   relevant information—

   1. means any information held by—
      1. a public service agency; or
      2. a local authority; or
      3. a relevant office; or
      4. a Minister of the Crown in their official capacity; or
      5. an organisation; or
      6. an officer or employee of any public service agency, local authority, relevant office, or organisation in their capacity as such an officer or employee or in their capacity as a statutory officer; or
      7. an independent contractor engaged by any public service agency, local authority, relevant office, Minister of the Crown, or organisation in their capacity as such contractor; and
   2. includes any information held outside New Zealand by any branch or post of—
      1. a public service agency; or
      2. a local authority; or
      3. a relevant office; or
      4. an organisation; and
   3. includes any information held by an unincorporated body (being a board, council, committee, subcommittee, or other body)—
      1. that is established for the purpose of assisting or advising, or performing functions connected with, any public service agency, local authority, relevant office, Minister of the Crown, or organisation; and
      2. that is so established in accordance with the provisions of any enactment or by any public service agency, local authority, relevant office, Minister of the Crown, or organisation

   relevant office means—

   1. the Inspector-General of Intelligence and Security, the Deputy Inspector-General of Intelligence and Security, or any employee of the Inspector-General of Intelligence and Security, acting in that capacity:
   2. the Controller and Auditor-General, the Deputy Controller and Auditor-General, or any employee or appointed auditor of the Controller and Auditor-General, acting in that capacity:
   3. any Ombudsman appointed under the Ombudsmen Act 1975 or any officer or employee of the Chief Ombudsman, acting in that capacity:
   4. the Office of the Clerk of the House of Representatives:
   5. the Independent Police Conduct Authority

   statutory officer means a person—

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