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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Corporate identities

38: Dissolution or deregistration, etc, of entity

You could also call this:

"Fixing mistakes made by intelligence agencies"

Illustration for Intelligence and Security Act 2017

If you are a Director-General of an intelligence and security agency, you can tell an agency to fix something they did because of your request under section 35 or 37. You can tell them to undo what they did, like removing a company from a list of companies. You can also tell them to get rid of any records of what they did.

You get to decide how the agency should fix things. They have to do what you say. This might mean changing or hiding information that people can see. It could also mean stopping people from looking at certain information.

The agency might need to change some of their own information too, so everything matches up. This is so they can properly undo what they did and get rid of any records of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920994.

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37: Maintaining corporate identity, status, or capacity, or

"Helping spy agencies keep secret identities"

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39: Provisions do not require destruction of certain information, or

"Agencies don't have to destroy information if they need to keep it."

Part 3Covert activities of intelligence and security agencies
Corporate identities

38Dissolution or deregistration, etc, of entity

  1. A Director-General of an intelligence and security agency who made a request under section 35 or 37 may, at any time, direct an agency that took any action of the kind specified in section 35(1) or 37(4) in response to his or her request to subsequently take steps necessary to—

  2. negate the effect of the earlier action (for example, remove a company from the register of companies); and
    1. expunge any record of that earlier action having been taken.

      1. The steps must be taken in the manner set out in the direction from the Director-General.

      2. The manner of taking those steps may include, for example, 1 or more of the following:

      3. omitting, amending, replacing, or inserting information in a register or any other publicly available records:
        1. preventing or restricting access to any information in a register or any other publicly available records:
          1. omitting, amending, replacing, or inserting operational or administrative information, as necessary, so that it supports the actions under paragraphs (a) and (b).