Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Assumed identities

22: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Intelligence and Security Act 2017

When you read this part of the law, some words have special meanings. You need to know what these words mean to understand the law. The law explains what these words mean.

The law says that to "access" information means you can look at it, copy it, or get a printout of it. You can do one or all of these things to the information. This helps you understand what "access" means in this part of the law.

The law also explains what an "assumed identity" is. It is an identity that is not your real one, or it has false information about you. This means you are pretending to be someone else.

An "authorised person" is someone who works for an intelligence and security agency and is allowed to do certain things, like acquire or use an assumed identity. They must be authorised under section 23 to do these things. This means they have permission to do these things.

The law also says what an "agency" is. It can be a Minister, a statutory officer, a government agency, or a private sector agency. This helps you understand what kinds of organisations are included.

A "government agency" can be a Crown entity, a department, or an interdepartmental venture. You can find out more about what a Crown entity is by looking at section 7 of the Crown Entities Act 2004. This explains what a government agency is.

A "private sector agency" is an organisation that is not a government agency. This means it is a separate entity from the government.

The law also explains what "evidence" is. It is any document or thing that proves or supports someone's identity. This can include things like a birth certificate or a driver licence.

A "false document" is something that is not genuine. You can find out more about what a false document is by looking at section 255 of the Crimes Act 1961. This explains what a false document is.

When you hear the term "maintain", it means to keep something going or to take steps to keep it going. In this case, it means to keep an assumed identity going.

A "record" is publicly available if an agency makes it available to the public. But if a record is only available because of the Official Information Act 1982, it is not considered publicly available. This means that just because you can ask for a record, it does not mean it is publicly available.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920944.


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21: Purpose of subpart, or

"Letting spy agency workers have a secret identity to keep them safe"


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23: Assumed identity may be acquired, used, and maintained, or

"Spies can use a fake name and identity for work if their boss approves it."

Part 3Covert activities of intelligence and security agencies
Assumed identities

22Interpretation

  1. In this subpart, unless the context otherwise requires,—

    access, in relation to information, means to do any or all of the following:

    1. inspect the information:
      1. copy the information, or any part of the information:
        1. obtain a printout of the information

          acquire an assumed identity means to acquire evidence of the assumed identity, and includes taking steps towards acquiring evidence of the identity

            agency includes—

            1. a Minister; and
              1. a statutory officer; and
                1. a government agency; and
                  1. a private sector agency

                    assumed identity, in relation to an authorised person, means an identity the person assumes that—

                    1. is not the person’s real identity; or
                      1. involves a false or misleading representation about 1 or more aspects of the person’s real identity

                        authorised person means an employee of an intelligence and security agency who is authorised under section 23 to do 1 or more of the following:

                        1. acquire an assumed identity:
                          1. use an assumed identity:
                            1. maintain an assumed identity

                              employee means any person—

                              1. who is, or will be, an employee of an intelligence and security agency; and
                                1. who is approved by the Director-General of an intelligence and security agency to carry out activities for that agency

                                  evidence, in relation to an identity, means any documentation (whether physical or electronic) or thing that—

                                  1. has a tendency to prove, or purports to establish, the identity (for example, a birth certificate, certificate of New Zealand citizenship, passport, or driver licence); or
                                    1. can be used to support the proof or establishment of the identity (for example, a bank card or staff identity card)

                                      false document includes a false document within the meaning of section 255 of the Crimes Act 1961

                                        government agency means—

                                        1. a Crown entity within the meaning of section 7 of the Crown Entities Act 2004:
                                          1. a department:
                                            1. an interdepartmental venture

                                              maintain, in relation to an assumed identity, includes taking steps towards maintaining the identity

                                                private sector agency means an entity that is not a government agency

                                                  statutory officer means a person who—

                                                  1. holds or performs the duties of an office established by an enactment; or
                                                    1. performs duties expressly conferred on that person by an enactment by virtue of that person’s office.

                                                    2. For the purposes of this subpart,—

                                                    3. a record is publicly available if an agency, in the ordinary course of its activities, makes the record available to the public for inspection or searching; but
                                                      1. a record is not to be treated as publicly available merely because it is or may be required to be made available under the Official Information Act 1982.
                                                        Notes
                                                        • Section 22(1) government agency paragraph (a): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                        • Section 22(1) government agency paragraph (b): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                        • Section 22(1) government agency paragraph (c): inserted, on , by section 135 of the Public Service Act 2020 (2020 No 40).