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Telecommunications (Interception Capability and Security) Act 2013

Network security - Process for preventing or mitigating network security risks

56: Review by Commissioner of Intelligence Warrants

You could also call this:

"A Commissioner checks if a big risk to network security is real and writes a report."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You need to know about a review process. If the Director thinks there is a big risk to network security, they must tell the Chief Commissioner of Intelligence Warrants. The Chief Commissioner of Intelligence Warrants will get a review done by a Commissioner as soon as possible. The Director will give the Commissioner all the information they have about the risk. The Commissioner will look at the information and decide if the risk is real. They will write a report about their decision and give it to the Director and the network operator. But they will not give the network operator any secret information. The Commissioner must keep all the information secret and return it to the Director when they finish the review. If the Director decides to tell the Minister about the risk, they will give the Minister a copy of the Commissioner's report. The Chief Commissioner of Intelligence Warrants and Commissioner have special meanings given by the Intelligence and Security Act 2017, which you can find on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5678502.

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Part 3Network security
Process for preventing or mitigating network security risks

56Review by Commissioner of Intelligence Warrants

  1. If the Director is of the opinion that a significant network security risk exists or may arise and is intending or considering whether to refer the matter to the Minister responsible for the Government Communications Security Bureau under section 54 or 55,—

  2. the Director must, before referring the matter, notify the Chief Commissioner of Intelligence Warrants; and
    1. on receipt of the notice, the Chief Commissioner of Intelligence Warrants must arrange for a review to be conducted in accordance with this section by a Commissioner as soon as practicable.

      1. The Director must make available to the Commissioner all of the material (including any classified security information) that informed the Director's opinion.

      2. The Commissioner must consider whether the significant network security risk identified by the Director exists or may arise by—

      3. assessing the material made available to him or her; and
        1. considering the matters that the Director was required to consider under section 50(1)(a) and (b); and
          1. considering any other matter that the Director, under section 50(1)(c), considered relevant.

            1. The Commissioner must prepare a report on the Commissioner's consideration, under subsection (3), of the significant network security risk identified by the Director and—

            2. give a copy of the report to the Director; and
              1. give a copy of the report to the affected network operator, except those parts of the report that would reveal any classified security information.

                1. The Commissioner must not, when conducting the review, seek or accept any further communications from the affected network operator or the Director (except as provided in subsection (2)).

                2. Any material made available to the Commissioner under this section must be kept secure and confidential, and returned to the Director when the review is completed.

                3. If the Director decides to refer the matter to the Minister, the Director must, when referring the matter, give the Minister a copy of the Commissioner's report under this section.

                4. In this section and section 57,—

                  Chief Commissioner of Intelligence Warrants has the meaning given to it by section 4 of the Intelligence and Security Act 2017

                    Commissioner means a Commissioner of Intelligence Warrants within the meaning of section 4 of the Intelligence and Security Act 2017.

                    Notes
                    • Section 56 heading: amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                    • Section 56(1)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                    • Section 56(1)(b): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                    • Section 56(2): amended, on , by section 55 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                    • Section 56(4)(b): amended, on , by section 55 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                    • Section 56(8): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).