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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Corporate identities

37: Maintaining corporate identity, status, or capacity

You could also call this:

"Helping spy agencies keep secret identities"

Illustration for Intelligence and Security Act 2017

The Director-General of an intelligence and security agency can ask another agency for help to keep a certain identity, status, or capacity. This is for a purpose mentioned in section 33. The agency was given this identity, status, or capacity under section 36.

When an agency gets this request, it can choose to help or not. If it decides not to help, it must think the request is not a good idea. The agency thinks about whether to help by considering the purpose of this part of the law.

The agency also thinks about what the government wants, how it affects the public, and any other important matters. If the agency decides to help, it can change or add information to public records to support the identity, status, or capacity. It can also change operational information to match the new details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920993.

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Part 3Covert activities of intelligence and security agencies
Corporate identities

37Maintaining corporate identity, status, or capacity

  1. The Director-General of an intelligence and security agency may, for the purpose specified in section 33, request an agency to assist with maintaining the legal identity, status, or capacity that has been conferred under section 36.

  2. An agency that receives a request under subsection (1) may—

  3. grant the request; or
    1. decline the request if it is not satisfied that it is appropriate to provide the assistance.

      1. The agency must, in considering the matter under subsection (2)(b), 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 impact on any members of the public; and
            1. any other matters the agency thinks relevant.

              1. In granting the request, the agency may do anything to give the assistance, including—

              2. omitting, amending, replacing, or inserting any information in any register or other publicly available records (including making changes to the legal identity, status, or capacity and, if necessary, creating assumed identities to support a legal identity, status, or capacity); and
                1. omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the information described in paragraph (a).