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Intelligence and Security Act 2017

Intelligence and security agencies - Functions

13: Co-operation with other public authorities to facilitate their functions

You could also call this:

"Intelligence agencies help other authorities do their jobs by sharing information and giving advice"

Illustration for Intelligence and Security Act 2017

You have the right to know how intelligence and security agencies work with other public authorities. Intelligence and security agencies work with each other, the New Zealand Police, and the New Zealand Defence Force. They help these authorities by giving them advice and assistance to do their jobs.

When intelligence and security agencies give advice and assistance, they only do it for things the public authority is allowed to do. They also have to follow any rules or limitations that the public authority has to follow. This means they might have to share information or use powers they wouldn't normally use.

If an intelligence and security agency gives advice and assistance to a public authority, they are still responsible for what they do. They can be checked by other bodies, like the Independent Police Conduct Authority, and the Inspector-General. You can find more information about how this works by looking at the Intelligence and Security Act 2017 and other related laws, such as the s 8C of a previous act.

You might wonder what happens if someone from an intelligence and security agency does something wrong while giving advice and assistance. If they did it in good faith, and they thought it was necessary, and they did it in a reasonable way, they won't be liable for it. This means they won't get in trouble if they were trying to do the right thing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920933.

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Part 2Intelligence and security agencies
Functions

13Co-operation with other public authorities to facilitate their functions

  1. It is a function of the intelligence and security agencies to—

  2. co-operate with—
    1. each other; and
      1. the New Zealand Police; and
        1. the New Zealand Defence Force; and
        2. provide advice and assistance to the New Zealand Police and the New Zealand Defence Force for the purpose of facilitating the performance or exercise of the functions, duties, or powers of those public authorities.

          1. An intelligence and security agency may perform the function under subsection (1)(b)—

          2. only to the extent that the advice and assistance are provided for the purpose of activities that the public authority may lawfully carry out; and
            1. subject to and in accordance with any limitations, restrictions, and protections under which those public authorities perform or exercise their functions, duties, and powers; and
              1. even though the advice and assistance might involve the exercise of powers or the sharing of capabilities that the intelligence and security agency is not, or could not be, authorised to exercise or share in the performance of its other functions.

                1. An intelligence and security agency, in relation to any advice and assistance provided to a public authority under subsection (1)(b), is subject to—

                2. the jurisdiction of any other body or authority to the same extent as the public authority’s actions are subject to the other body’s or authority’s jurisdiction (for example, the Independent Police Conduct Authority in relation to advice and assistance provided to the New Zealand Police); and
                  1. the oversight of the Inspector-General.

                    1. The Director-General of an intelligence and security agency and an employee of an intelligence and security agency are immune from criminal liability for any act done under this section in good faith in providing advice and assistance to the New Zealand Police or the New Zealand Defence Force if—

                    2. the Director-General or employee reasonably believed that the act was necessary to provide the advice and assistance; and
                      1. the act was carried out in a reasonable manner; and
                        1. the act could have been lawfully carried out by the New Zealand Police or the New Zealand Defence Force, as the case may be.

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