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Intelligence and Security Act 2017

Intelligence and security agencies - Functions

14: Co-operation with other entities to respond to imminent threat

You could also call this:

"Help from spy agencies when you're in danger"

Illustration for Intelligence and Security Act 2017

If you are in a situation where your life or safety is at risk, intelligence and security agencies can work with others to help you. They can do this if you are in New Zealand, or if you are a New Zealand citizen or permanent resident who is overseas. They can also help if you are in an area where New Zealand is responsible for search and rescue, or if you are outside any country's territory.

Intelligence and security agencies can only help in these situations if it is necessary to respond to the threat, and if they cannot get permission to do so through a normal intelligence warrant, as described in section 10 or 11. They must also follow rules about how they use any information they get while helping, and they can only use it for other purposes if they get special permission, as described in section 102(2)(a).

If an intelligence and security agency does help in one of these situations, they must tell the Minister responsible for the agency and the Inspector-General what they did, as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920934.

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

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

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15: Additional functions, or

"Other jobs the intelligence and security agencies can do"

Part 2Intelligence and security agencies
Functions

14Co-operation with other entities to respond to imminent threat

  1. It is a function of the intelligence and security agencies to co-operate with, and provide advice and assistance to, a person, class of persons, or public authority (whether in New Zealand or overseas) that is responding to an imminent threat to the life or safety of—

  2. any person in New Zealand; or
    1. any New Zealand citizen who is overseas; or
      1. any permanent resident of New Zealand who is overseas; or
        1. any person in an area in respect of which New Zealand has search and rescue responsibilities under international law; or
          1. any person outside the territorial jurisdiction of any country.

            1. An intelligence and security agency may perform this function—

            2. only to the extent that the co-operation, advice, and assistance are necessary to respond to the imminent threat; and
              1. only if the activities carried out in co-operating and providing advice and assistance could not, in any circumstance, be authorised by an intelligence warrant issued for the purpose of performing a function under section 10 or 11; and
                1. subject to the restriction that any information obtained by the agencies in the performance of this function may not be used for any other purpose, except to the extent that the use for that other purpose is authorised by an intelligence warrant issued in the circumstances referred to in section 102(2)(a); and
                  1. even though the co-operation, advice, and assistance might involve the exercise of powers or the sharing of capabilities that the agency is not, or could not be, authorised to exercise or share in the performance of its other functions.

                    1. As soon as practicable after undertaking any activity in the performance of its function under this section, the Director-General of an intelligence and security agency must provide details of that activity to—

                    2. the Minister responsible for the intelligence and security agency; and
                      1. the Inspector-General.