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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Assumed identities

30: Restrictions on access to information about process for obtaining assistance, etc

You could also call this:

"Rules to Keep Secrets Safe: Limits on Accessing Information About How Agencies Get Help"

Illustration for Intelligence and Security Act 2017

When you want to know about how intelligence and security agencies get help, there are rules to keep some information secret. These rules are to prevent you from accessing information that could reveal secrets about how agencies use fake identities. An agency cannot let you see a request for help made under section 25 or section 26, or a direction given under section 27, unless you are allowed to see it.

If you ask to see this information, the agency must tell the person in charge of the intelligence and security agency that made the request. They have to tell them when you made the request, who you are, and what information you want to see. There are some exceptions, like if you are an authorised person, or if the person in charge says it is okay for you to see the information. The agency must follow these rules to keep secrets safe. The person in charge can give permission for a group of people to see the information without naming each person. In this case, an access request means asking to see information about how agencies get help or follow directions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920975.

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29: Non-compliance with enactments, policies, and practices, or

"Breaking rules when spies use secret identities"

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31: Immunity of persons assisting and of employee of agency in making false documents, or

"Protection for people who help intelligence agencies or make fake documents for a good reason"

Part 3Covert activities of intelligence and security agencies
Assumed identities

30Restrictions on access to information about process for obtaining assistance, etc

  1. The purpose of this section is to prevent access to information about the process for obtaining assistance under section 25 or 26 or compliance with a direction under section 27 where the access may compromise the secrecy relating to the acquisition, use, or maintenance of an assumed identity.

  2. An agency must not permit any person (person A) to access a request made under section 25, a direction given under section 27, or any other information within its possession or control relating to the process for obtaining or giving the assistance or compliance with the direction (whether or not the request has been or will be granted or the direction has been complied with).

  3. Subsection (2) does not apply if—

  4. person A is an authorised person; or
    1. person A is the Director-General of an intelligence and security agency; or
      1. person A is the Inspector-General of Intelligence and Security; or
        1. it is necessary for person A to have access to the information in order for the assistance to be given or for the direction to be complied with; or
          1. an authorised person has given the agency written consent to person A having access to the information; or
            1. the Director-General of the intelligence and security agency who made the request or gave the direction has given the agency written consent to person A having access to the information; or
              1. a court has ordered that person A be permitted access to the information for any specified purpose (for example, for the purposes of a prosecution in relation to the making of a false statement).

                1. If the agency receives an access request, the agency must, as soon as practicable, notify the Director-General of the intelligence and security agency who made the request or gave the direction.

                2. The notice must include—

                3. the date and time of the access request:
                  1. the name, address, and contact details (if known) of the person who made the access request:
                    1. the information sought to be accessed.

                      1. Consent under subsection (3)(e) or (f) may be given for a class of persons that includes person A without referring to person A by name.

                      2. In this section, access request means a request for access to any information referred to in subsection (2).