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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Corporate identities

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

You could also call this:

"Rules to keep some information about spy agency help secret"

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. The agency must not let you see requests for help under sections 35 to 37, or directions under section 38, or information about getting an exemption under section 42. This is to protect the secrecy of the agency's activities.

If you ask to see this information, the agency must tell the Director-General of the intelligence and security agency as soon as possible. They must include the date and time of your request, your name and contact details, and what information you want to see. There are some exceptions, like if you are the Director-General or the Inspector-General of Intelligence and Security, or if you need to see the information to help with the request. The Director-General can also give permission for you to see the information, or a court can order it.

The agency has to follow these rules to keep the information secret and safe. They must be careful about who they let see the information and make sure it is only shared when necessary. This helps to protect the agency's work and the people involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920996.

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Government and voting > Government departmentsRights and equality > Privacy
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40: Non-compliance with enactments, policies, and practices, or

"When you don't have to follow the usual rules or laws in certain situations"

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42: Entity or officer exempt from complying with legal requirements, etc, or

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Part 3Covert activities of intelligence and security agencies
Corporate identities

41Restrictions 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 sections 35 to 37, an exemption under section 42, or compliance with a direction under section 38 where the access may compromise the secrecy relating to the creation or maintenance of the legal entity.

  2. An agency must not permit any person (person A) to access a request made under section 35, 37, or 42, a direction given under section 38, or any other information within its possession or control relating to the process for obtaining or giving the assistance or exemption or compliance with the direction (whether or not the request or exemption has been or will be granted or the direction has been complied with).

  3. Subsection (2) does not apply if—

  4. person A is the entity; 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, for the exemption to be granted, or for the direction to be complied with; or
          1. the Director-General of an intelligence and security agency who made the request or gave the direction has consented in writing 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 proceedings relating to a transaction entered into by the entity).

              1. If an 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; and
                1. the name, address, and contact details (if known) of the person who made the access request; and
                  1. the information sought to be accessed.

                    1. Consent under subsection (3)(e) 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).