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Crimes Act 1961

Crimes against public order - Treason and other crimes against the Sovereign and the State

78AA: Wrongful communication, retention, or copying of classified information

You could also call this:

"Sharing secret information without permission is against the law"

Illustration for Crimes Act 1961

You can get in trouble if you share secret information without permission. This includes telling someone else about it or keeping a copy of it when you are not supposed to. You can be imprisoned for up to 5 years if you do this. You might be someone who has a special clearance to see secret information, or someone who has been told secret information in confidence. If you are one of these people, you must follow the rules about secret information. This means you must not share it or keep it if you are not supposed to. Secret information is defined as information that is classified under the New Zealand Government Security Classification System. This system is used to decide who can see certain information. You can find out more about what is considered secret information by looking at the definition of relevant information in section 78A(2). If you have secret information, you must do what you are told to do with it by the people in charge. This might include giving it back to them or not sharing it with anyone else. You can get in trouble if you do not do what you are told to do with secret information.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7453603.

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78A: Wrongful communication, retention, or copying of relevant information, or

"Don't share or keep secret info that could harm New Zealand's security"

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

78AAWrongful communication, retention, or copying of classified information

  1. Every person specified in subsection (2) is liable to imprisonment for a term not exceeding 5 years if the person, within or outside New Zealand,—

  2. knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any classified information to any other person; or
    1. knowing that he or she is acting without proper authority, retains or copies any classified information; or
      1. knowingly fails to comply with any directions issued by a lawful authority for the return of any classified information that is in his or her possession or under his or her control.

        1. Subsection (1) applies to—

        2. a person who holds, or has held, a government-sponsored national security clearance to access classified information; or
          1. a person to whom classified information has been disclosed in confidence if—
            1. the disclosure is authorised; and
              1. the person knows that the disclosure is in respect of classified information.

              2. In this section,—

                classified information means—

                1. information that—
                  1. is, or was, relevant information; and
                    1. is classified under the New Zealand Government Security Classification System as being accessible only to persons who have a national security clearance:
                    2. foreign government information that is—
                      1. classified in a foreign country; and
                        1. accessible only to persons having a government-sponsored national security clearance

                        New Zealand Government Security Classification System means the security classification system applying to relevant information that is published (and from time to time amended) on an Internet site maintained by or on behalf of the New Zealand Security Intelligence Service

                          relevant information has the meaning given to it by section 78A(2).

                          Notes
                          • Section 78AA: inserted, on , by section 254 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 78AA(3)(a)(i): amended, on , by section 12 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                          • Section 78AA(3) New Zealand Government Security Classification System: amended, on , by section 12 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                          • Section 78AA(3) relevant information (previously official information): amended, on , by section 12 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).