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Telecommunications (Interception Capability and Security) Act 2013
Registration, enforcement, and miscellaneous provisions
Classified security information in proceedings
108: Court may provide access to classified security information to special advocate

Part 1:
Preliminary provisions

General

3Interpretation 3AMeaning of classified security information 3ABMeaning of traffic data 3BTransitional, savings, and related provisions 4Act binds the Crown

Purposes and principles

5Purpose of this Act relating to interception capability 6Principles relating to interception capability 7Purpose of this Act relating to network security 8Principles relating to network security

Part 2:
Interception capability duties

Duty to have full interception capability

9Network operators must ensure public telecommunications networks and telecommunications services have full interception capability 10When duty to have full interception capability is complied with

Reduced duties

Preliminary

11Interception ready 12Interception accessible

Lower-level compliance duties

13Network operators with fewer than 4 000 customers 14Infrastructure-level services 15Wholesale network services

Ministerial directions and regulations relating to lower-level compliance duties

16Overview of sections 17 to 19 17Application for direction 18Process following application for direction 19Direction 20Regulations

Exemptions

29Exemption 30Application for exemption 31Effect of application for exemption or variation 32Decision-making process

Application to Minister

33Application to Minister 34Minister may grant, vary, or revoke exemption 35Effect of application for exemption or variation 36Decision-making process 37Regulations relating to class exemptions

Ministerial directions

Minister may require service providers to have same obligations as network operators

38Minister may require service providers to have same obligations as network operators 39Review 40Direction notice 41Regulations relating to service providers

Formatting

42Notice relating to formatting 43Effect of changes to material incorporated by reference 44Formatting before commencement of this Act

Provisions that apply when classified security information used in decisions

44AApplication and interpretation 44BWritten notice and summary of classified security information

Part 3:
Network security

45Application of this Part 46Network operators' duty to engage in good faith

Disclosure

47Areas of specified security interest 48Network operator must notify Director 49Exemption from section 46(1) or 48

Process for preventing or mitigating network security risks

50Consideration of network security risk by Director or Minister 51Process for addressing network security risks 52Assessment of response by network operator 53Network operator must implement response 54Director may refer matter to Minister 55Failure to comply 56Review by Commissioner of Intelligence Warrants 57Minister may make direction 57AProvisions that apply when classified security information used or provided for decisions 58Guidelines 59Director must comply with regulations made under section 126 relating to time frames

Part 4:
Registration, enforcement, and miscellaneous provisions

Registration

Registrar and other designated officers

72Appointment of designated officers 73Appointment of Registrar 74Power of designated officer to delegate

Secret-level government-sponsored security clearance

75Network operator must nominate employee to apply for clearance 76Nominated person must apply

General information-gathering powers

77Designated officer may require information in order to assist surveillance agency 78Director of Government Communications Security Bureau may require information 79Time for compliance 80Network operator must comply despite any other enactment or any breach of confidence, etc 81Miscellaneous provisions

Compliance testing

82Designated officer may require compliance testing 83Process for consulting on times

Certification

84Designated officer may require certification as to compliance 85Due inquiry 86Designated officer may give certificate to surveillance agency

Enforcement

87Interpretation

Breach notices and enforcement notices

88Breach notice may be issued for minor non-compliance 89Breach notice may request consent to enter and inspect in connection with duties under Part 2 90Enforcement notice may be issued for serious non-compliance 91Application for compliance order or pecuniary penalty order

Compliance orders

92Power of High Court to order compliance 93Right to be heard 94Decision on application 95Appeals to Court of Appeal 96Effect of appeal

Pecuniary penalty orders

97Pecuniary penalty for contravention of duties or compliance order 98Amount of pecuniary penalty 99Considerations for court in determining pecuniary penalty

Civil proceedings

100Rules of civil procedure and civil standard of proof apply

Classified security information in proceedings

101Proceedings involving classified security information 102Classified security information and other terms defined 103Obligation to provide court with access to classified security information 104Court orders 105Appointment of special advocate 106Nomination of person for appointment 107Role of special advocates 108Court may provide access to classified security information to special advocate 109Communication between special advocate and other persons 110Protection of special advocates from liability 111Other matters relating to procedure in proceedings involving classified security information 112Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc 113Ancillary general practices and procedures to protect classified security information

Miscellaneous provisions

Costs

114Costs of interception capability on public telecommunications network or telecommunications service 115Costs incurred in assisting surveillance agencies 116Surveillance agency not required to pay costs 117Dispute about costs must be referred to mediation or arbitration

Protection from liability

118Protection from liability

Other miscellaneous provisions

119Notices 120Service of notices 121Powers not limited 122Repeal 123Consequential amendments 124Savings provision for exemptions 125Transitional provision relating to network operators 126Regulations relating to time frames that apply to Director under Part 3 127Regulations

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Consequential amendments

Telecommunications (Interception Capability and Security) Act 2013

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

108: Court may provide access to classified security information to special advocate

You could also call this:

"Court can share secret information with a special helper"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can find information about a law that used to let a court share secret security information with a special advocate. This law was part of the Telecommunications (Interception Capability and Security) Act 2013. It was repealed on 28 November 2023 by the Security Information in Proceedings (Repeals and Amendments) Act 2022, which you can read more about on the https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS782185 legislation website.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5626135.

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departments

107: Role of special advocates, or

"What special advocates do in court"

109: Communication between special advocate and other persons, or

"What a special advocate can talk about with others"

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

108Court may provide access to classified security information to special advocate (Repealed)

Notes

Section 108: repealed, on 28 November 2023, by section 58 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).