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Telecommunications (Interception Capability and Security) Act 2013

Preliminary provisions - General

3A: Meaning of classified security information

You could also call this:

"What is secret information that surveillance agencies keep hidden?"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

In the Telecommunications Act, classified security information means secret information held by a surveillance agency. You need to know this information is secret because the head of the agency says it cannot be shared, except as allowed by law. The head of the agency decides this because the information might reveal important details or put someone in danger. The information might be about where it came from, what it says, or how the agency works. It could also be about what the agency is doing or has done, or information given by another country that they do not want shared. You should understand that this information is protected because it could harm New Zealand's security, relationships with other countries, or the law. Disclosure of this information could prejudice the security or defence of New Zealand, its international relations, or the maintenance of law. It could also endanger someone's safety or stop another country from sharing information with New Zealand. The head of the surveillance agency decides what information is classified, and you can find more information about this in the <a href=https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS782155>Security Information in Proceedings (Repeals and Amendments) Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS925310.

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Part 1Preliminary provisions
General

3AMeaning of classified security information

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

  2. that is held by a surveillance agency; and
    1. that the head of the surveillance 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 surveillance agency,—
      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 surveillance 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 surveillance agency; or
                1. has been provided to the surveillance 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 surveillance 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 any 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 3A: inserted, on , by section 48 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).