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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Classified security information in proceedings

101: Proceedings involving classified security information

You could also call this:

"Keeping Secret Security Information Safe in Court Cases"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You are involved in a court case about the Telecommunications Act. The case is about how the law is administered or enforced. If the Crown wants to share secret security information, they must follow certain steps. You need to know that the Crown must ask the court for a security information order. This order helps keep the secret information safe. The Crown must also give the court a special certification. If the secret information is also about national security, the Crown can ask for a special certificate. This certificate is called an NSI certificate. The court can then make a limited security information order. Some words have special meanings in this section. The 2022 Act refers to the Security Information in Proceedings Act 2022. An authorised court, national security information, NSI certificate, and security information order have meanings given by section 4 of the 2022 Act, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS417841. The Security Information in Proceedings Act 2022 can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS417784.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5626118.

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Part 4Registration, enforcement, and miscellaneous provisions
Classified security information in proceedings

101Proceedings involving classified security information

  1. This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.

  2. If the Crown proposes to present classified security information in proceedings, the Attorney-General must—

  3. make an application to an authorised court under section 32 of the 2022 Act for a security information order to protect the confidentiality of the information to be given as evidence in the proceedings; and
    1. submit to the court the certification described in section 3A(1)(b).

      1. If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) an NSI certificate under section 41 of the 2022 Act and seek a security information order as set out in section 36(3) of that Act (under which the types of orders available to the court are limited).

      2. In this section,—

        2022 Act means the Security Information in Proceedings Act 2022

          authorised court, national security information, NSI certificate, and security information order have the meanings given to them by section 4 of the 2022 Act.

          Notes
          • Section 101: replaced, on , by section 58 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).