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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Corporate identities

35: Request for corporate identity, status, etc

You could also call this:

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

Illustration for Intelligence and Security Act 2017

The Director-General of an intelligence and security agency can ask another agency for help if they think it's necessary for a specific purpose mentioned in section 33. They can ask the agency to give an entity a legal identity, like incorporating a company, or to give it a special status, like registering it as a charity. They can also ask the agency to give the entity a unique identifier, like a New Zealand Business Number.

When the Director-General makes a request, they must provide details about the entity and the action they want the agency to take. They must also confirm that the request is for the purpose mentioned in section 33. The agency can be asked to do things like issue a certificate of incorporation or record a business number in a register. The Director-General can also ask the agency to do other things that are related to the main request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920991.

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36: Conferring corporate identity, status, etc, or

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Part 3Covert activities of intelligence and security agencies
Corporate identities

35Request for corporate identity, status, etc

  1. The Director-General of an intelligence and security agency may, if he or she is satisfied that it is necessary for the purpose specified in section 33, request any other agency to do any of the following:

  2. confer a legal identity by forming or incorporating an entity (for example, incorporate a company or a charitable trust board):
    1. confer on an entity any legal status or capacity (for example, register an entity as a charitable entity or financial service provider):
      1. allocate to an entity a unique identifier (for example, allocate an entity a New Zealand Business Number or a goods and services tax registration number):
        1. provide evidence of—
          1. any legal identity, status, or capacity having been conferred on an entity (for example, issue a certificate of incorporation):
            1. any unique identifier having been allocated to an entity (for example, record an entity’s New Zealand Business Number in the New Zealand Business Number Register):
            2. perform any action that is ancillary to, or consequential on, any of the actions specified in paragraphs (a) to (d).

              1. A request must—

              2. provide details of—
                1. the entity or proposed entity that is the subject of the request that are necessary to enable the agency to take the requested action; and
                  1. the action that the agency is being requested to take in respect of the entity or proposed entity; and
                  2. confirm that the request is made for the purpose specified in section 33.