Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Corporate identities

34: 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 can access information by looking at it, copying it, or printing it. The law calls this kind of organisation an agency, which can be a government department or a regulatory authority.

An agency can also be a board or a person in charge of something, like a Registrar. It can even be a charity board set up under section 8 of the Charities Act 2005. You might also hear the term entity, which refers to different types of organisations, like a company or a trust.

Evidence is anything that proves something, like a document or an object. A regulatory authority is an organisation that makes sure people follow the rules, like monitoring businesses or investigating activities. It can also enforce laws related to business.

When you think about records, you should know that a record is publicly available if an agency makes it available for anyone to see. However, just because you can ask to see a record under the Official Information Act 1982 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=DLM6920982.


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33: Purpose of subpart, or

"What this part of the law is about: letting spy agencies use a secret name to do their work"


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35: Request for corporate identity, status, etc, or

"Asking for a special identity or status for an organisation to help with intelligence and security work"

Part 3Covert activities of intelligence and security agencies
Corporate identities

34Interpretation

  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

          agency means—

          1. the chief executive of a department:
            1. a department:
              1. the board of an interdepartmental venture:
                1. an interdepartmental venture:
                  1. a Registrar or Deputy Registrar appointed under, or in accordance with, any enactment:
                    1. a Board established under section 8 of the Charities Act 2005:
                      1. a regulatory authority

                        entity means—

                        1. an unincorporated body:
                          1. a body corporate:
                            1. a corporation sole:
                              1. a trust

                                evidence, in relation to a legal identity, status, capacity, or unique identifier, means any documentation (whether physical or electronic) or thing that—

                                1. has a tendency to prove, or purports to establish, the identity, status, or capacity or that the unique identifier has been allocated; or
                                  1. can be used to support the proof or establishment of the identity, status, or capacity or that the unique identifier has been allocated

                                    regulatory authority means any authority having statutory functions that include any or all of the following:

                                    1. monitoring the business community:
                                      1. regulating any business sector:
                                        1. conducting inquiries and investigations into any business activity or practice:
                                          1. enforcing legislation that relates to business activities.

                                          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 34(1) agency paragraph (ba): inserted, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                              • Section 34(1) agency paragraph (bb): inserted, on , by section 135 of the Public Service Act 2020 (2020 No 40).