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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Provisions that apply when classified security information used in decisions

44B: Written notice and summary of classified security information

You could also call this:

"Getting a summary of secret information used to make a decision about you"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You get a written notice when a decision is made about you. The notice says if the decision maker used classified security information. You can ask for a summary of this information, called a CSI summary. You can ask for a CSI summary to understand the decision. The summary helps you know what the classified security information is and why the decision was made. You can also complain to the Inspector-General of Intelligence and Security under section 171 of the Intelligence and Security Act 2017. If you ask for a CSI summary, the decision maker and the surveillance agency work together on what to include. They give you the summary within a reasonable time. But they might refuse the summary if it would disclose classified security information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS925354.

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44A: Application and interpretation, or

"What the law means and how it applies to important decisions"

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45: Application of this Part, or

"Rules for Network Operators"

Part 2Interception capability duties
Provisions that apply when classified security information used in decisions

44BWritten notice and summary of classified security information

  1. If a decision maker relies on classified security information in making a relevant decision, the written notice of the decision must state that—

  2. the decision maker relied on that kind of information; and
    1. the affected party may request a summary (a CSI summary) of the classified security information; and
      1. the affected party may be able to make a complaint to the Inspector-General of Intelligence and Security under section 171 of the Intelligence and Security Act 2017 in relation to any advice given to the decision maker by an intelligence and security agency.

        1. The purpose of the CSI summary is to enable the affected party to have a sufficient understanding of—

        2. the classified security information the decision maker relied on in making the decision (without that information being disclosed to the affected party); and
          1. the reasons for the decision based on that information.

            1. If the affected party requests a CSI summary,—

            2. the decision maker and the head of the surveillance agency that holds the classified security information must agree on the contents of a summary; and
              1. the decision maker must provide the agreed summary to the affected party within a reasonable time.

                1. However, the decision maker may refuse to provide a CSI summary if the decision maker and the head of the surveillance agency are satisfied that a summary cannot be provided that is sufficient to meet its purpose without disclosing classified security information.

                Notes
                • Section 44B: inserted, on , by section 54 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).