Plain language law

New Zealand law explained for everyone

Overseas Investment Act 2005

National security and public order risks management regime - Protection of classified security information

114: Meaning of classified security information

You could also call this:

"What 'classified security information' means: secret information that governments keep hidden for safety reasons"

Illustration for Overseas Investment Act 2005

When you hear the term classified security information, it means certain information that is kept secret by government agencies. This information is held by agencies listed in section 126(2) and the head of the agency or the Attorney-General decides it cannot be shared with others. They make this decision because they think sharing the information could cause problems, such as putting New Zealand's security or international relationships at risk. You might wonder what kind of information this is, and it includes things like details about where the information came from, what the information is about, or how the agency works. It also includes information that other countries or organisations have shared with New Zealand, but do not want to be made public.

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 It might be out of date or be missing some parts.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

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=LMS359060.

Topics:
Government and voting > Government departmentsRights and equality > Privacy
Previous

113: Proceedings involving classified security information, or

"What happens in court cases involving secret security information about overseas investments"

Next

115: Obligation to provide court with access to classified security information, or

"Courts can access secret security information when needed"

Part 3National security and public order risks management regime
Protection of classified security information

114Meaning of classified security information

  1. In this Act, classified security information means information—

  2. that is held by an agency listed in section 126(2); and
    1. that the head of the agency (in the case of information held by an intelligence or security agency) or the Attorney-General (in the case of information held by any other agency) certifies in writing cannot be disclosed (except as authorised by or under an Act or other rule of law) because, in the opinion of the head of the agency or the Attorney-General (as applicable),—
      1. the information is information of a kind specified in subsection (2); and
        1. disclosure of the information would be disclosure of a kind specified in subsection (3).

        2. Information falls within subsection (1)(b)(i) if it—

        3. might lead to the identification of, or provide details of,—
          1. the source of the information; or
            1. the nature, content, or scope of the information; or
              1. the nature or type of the assistance or operational methods available to the agency; or
              2. is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the agency; or
                1. has been provided to the agency by the Government of another country or by an agency of such a Government or by an international organisation, and is information that cannot be disclosed by the agency because the Government, agency, or organisation that provided the information will not consent to the disclosure.

                  1. Disclosure of information falls within subsection (1)(b)(ii) if the disclosure would be likely—

                  2. to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
                    1. to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or by an agency of such a Government or by any international organisation; or
                      1. to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
                        1. to endanger the safety of any person.

                          Notes
                          • Section 114: replaced, on , by section 35 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).