Part 3Covert activities of intelligence and security agencies
Assumed identities
22Interpretation
In this subpart, unless the context otherwise requires,—
access, in relation to information, means to do any or all of the following:
- inspect the information:
- copy the information, or any part of the information:
- 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—
- a Minister; and
- a statutory officer; and
- a government agency; and
- a private sector agency
assumed identity, in relation to an authorised person, means an identity the person assumes that—
- is not the person’s real identity; or
- 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:
- acquire an assumed identity:
- use an assumed identity:
- maintain an assumed identity
employee means any person—
- who is, or will be, an employee of an intelligence and security agency; and
- 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—
- 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
- 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—
- a Crown entity within the meaning of section 7 of the Crown Entities Act 2004:
- a department:
- 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—
- holds or performs the duties of an office established by an enactment; or
- performs duties expressly conferred on that person by an enactment by virtue of that person’s office.
- inspect the information:
For the purposes of this subpart,—
- 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
- 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).


