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Intelligence and Security Act 2017

Intelligence and security agencies - Functions

10: Intelligence collection and analysis

You could also call this:

"Gathering and sharing information to help keep New Zealand safe"

Illustration for Intelligence and Security Act 2017

An intelligence and security agency has a job to collect and analyse information, which is called intelligence, based on what the New Zealand Government thinks is important. You can think of intelligence like clues that help keep New Zealand safe. The agency must then share this information and its analysis with certain people, such as the Minister, the Chief Executive of the Department of the Prime Minister and Cabinet, or others who are allowed to receive it.

When doing its job, the agency can work with and give advice to other authorities, like the police or government departments, in New Zealand or overseas. The agency can also work with other people or groups that the Minister says are allowed to get this information.

Before the Minister lets the agency share information with people or groups outside New Zealand, they must make sure it is okay with New Zealand law and that it respects human rights, which are like rules that protect people's basic freedoms.

In this context, the Minister is the person in charge of the intelligence and security agency, and you can find more information about similar laws by looking at the Intelligence and Security Act 2017 or the 2003 No 9 s 8B for comparison.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920928.

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"What New Zealand's spy agencies aim to do to keep you and the country safe"

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11: Protective security services, advice, and assistance, or

"Help to keep people and places safe with security services and advice"

Part 2Intelligence and security agencies
Functions

10Intelligence collection and analysis

  1. It is a function of an intelligence and security agency to—

  2. collect and analyse intelligence in accordance with the New Zealand Government’s priorities; and
    1. provide any intelligence collected and any analysis of that intelligence to 1 or more of the following:
      1. the Minister:
        1. the Chief Executive of the Department of the Prime Minister and Cabinet:
          1. any person or class of persons (whether in New Zealand or overseas) authorised by the Minister to receive the intelligence and any analysis of that intelligence.

          2. In performing the function referred to in subsection (1)(a), an intelligence and security agency may co-operate with, and provide advice and assistance to,—

          3. any public authority (whether in New Zealand or overseas); and
            1. any other person or class of persons (whether in New Zealand or overseas) authorised by the Minister under subsection (1)(b)(iii).

              1. Before authorising, under subsection (1)(b)(iii), the provision of intelligence and any analysis of that intelligence to any overseas person or class of persons, the Minister must be satisfied that, in providing the intelligence and analysis, the intelligence and security agency will be acting in accordance with New Zealand law and all human rights obligations recognised by New Zealand law.

              2. In this section, Minister, in relation to an intelligence and security agency, means the Minister responsible for the intelligence and security agency.

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