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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Assumed identities

26: Assistance to acquire, use, and maintain assumed identity

You could also call this:

"Helping someone get a new identity for safety or security reasons"

Illustration for Intelligence and Security Act 2017

If you are an intelligence agency, you can help someone get a new identity. You can do this if you get a request under section 25. You can say yes or no to the request. You might say no if you do not think the person will use the new identity correctly. You can also say no if you think it is a good idea to do so.

When you are thinking about the request, you must consider why you are doing this and what the government's policies are. You must also think about how you will make sure the person uses the new identity correctly. If you say yes to the request, you can help the person get the new identity. You can give them documents to prove who they are, and you can change information in public records to support their new identity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920972.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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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"

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27: Cancellation of evidence of assumed identity, or

"Stopping use of a fake identity: following the Director-General's instructions"

Part 3Covert activities of intelligence and security agencies
Assumed identities

26Assistance to acquire, use, and maintain assumed identity

  1. An agency that receives a request under section 25 may—

  2. grant the request; or
    1. decline the request in accordance with subsections (2) and (3).

      1. The agency may decline the request if—

      2. it is not satisfied that an authorised person will use the assumed identity appropriately; or
        1. it otherwise considers that it is appropriate to decline the request.

          1. The agency must, in considering the matter under subsection (2), have regard to—

          2. the purpose of this subpart; and
            1. every relevant ministerial policy statement, to the extent that it is known to the agency; and
              1. the protections that are or will be in place for the purpose of ensuring that an authorised person will use the assumed identity appropriately; and
                1. any other matters the agency thinks relevant.

                  1. In granting the request, the agency may do anything to assist the authorised person, including—

                  2. issuing or giving to the authorised person evidence of the assumed identity that is of a kind ordinarily issued or given by the agency; and
                    1. omitting, amending, replacing, or inserting any information in any register or other publicly available records (including making changes to an assumed identity and, if necessary, creating other identities to support an assumed identity); and
                      1. omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the evidence or information described in paragraphs (a) and (b).