Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Assumed identities

24: Use of assumed identity

You could also call this:

"Using a fake identity for spy work"

Illustration for Intelligence and Security Act 2017

If you are an employee of an intelligence and security agency, you can use a fake identity as if it were your real one. You can use this fake identity to get proof that you are who you say you are, with help from section 26 if you need it. You can also use the fake identity to set up and run a business, with help from section 36 or section 37 if you need it.

When you use a fake identity, you can only do things that a person with that identity would normally be allowed to do. Just because you are using a fake identity, it does not mean you can do anything you want. If you make a false document, as allowed by section 23(3), you can use it as part of your fake identity.

You can use a fake identity even if it means making a false or misleading statement about who you are, but only if the things you are doing are normally allowed by law.

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This page was last updated on 3 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920970.

Topics:

Crime and justice > Police and safetyRights and equality > Anti-discriminationRights and equality > Privacy

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."

25: Request for assistance to acquire, use, and maintain assumed identity, or

"Asking for help to get or use a secret identity for spy work"

Part 3Covert activities of intelligence and security agencies
Assumed identities

24Use of assumed identity

The power for an employee to use an assumed identity includes the power to use the identity as if it were the employee’s own identity, for example, to use or assume the identity—
to acquire, or take steps towards acquiring, evidence of the assumed identity (with or without assistance under section 26):
to establish, maintain, and operate a legal entity (with or without assistance under section 36 or 37).

Subsection (1)(a) and (b) applies only to the extent that a person of that identity could lawfully do the things referred to in those paragraphs.
A thing is not unlawful for the purposes of subsection (2) merely because it involves a false or misleading representation about the employee’s identity.
The power for an employee to use an assumed identity also includes the power to use a false document made under section 23(3).