Plain language law

New Zealand law explained for everyone

Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Corporate identities

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

You could also call this:

"Some groups or people in charge might not have to follow certain laws if it's agreed to by the right people."

Illustration for Intelligence and Security Act 2017

If you are part of an entity that has been given a special legal identity, you might not have to follow some laws. This can happen if you are an officer of that entity, like a director or someone who helps make big decisions. You can be exempt from following some laws if the right people agree to it.

The people who can agree to exempt you are the ones who make sure you follow the laws, or the ones who are in charge of the laws. They can only agree to exempt you if the Director-General of an intelligence and security agency asks them to. They have to think about whether exempting you will hurt anyone or if it's a good idea.

Before they make a decision, they have to consider some things, like whether following the law would be too hard for you. They also have to think about whether following the law is really necessary, and what the law is trying to achieve. If they do decide to exempt you, they have to write it down and can add some conditions.

In this situation, an officer means someone who is in charge of the entity, like a director or a chief executive. It can also mean someone who has a lot of influence over the entity, even if they are not a director. You can find more information about what a director is in the Financial Markets Conduct Act 2013.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6920998.

Topics:
Crime and justice > Criminal lawGovernment and voting > Government departmentsBusiness > Industry rules
Previous

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

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

Next

43: Immunity of persons complying with request or direction, or

"Protection for people who follow official requests or directions in good faith"

Part 3Covert activities of intelligence and security agencies
Corporate identities

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

  1. An entity that has been conferred with any legal identity, status, or capacity under section 36, or an officer of that entity, may be exempted from complying with any requirements or duties imposed by or under any enactment that apply to an entity having that legal identity, status, or capacity or to an officer of such an entity.

  2. An exemption from complying with any requirement or duty may be granted only—

  3. by—
    1. the agency responsible for ensuring compliance with, or enforcing, that requirement or duty; or
      1. the agency that is the department or interdepartmental venture responsible for the administration of the enactment referred to in subsection (1); and
      2. on a request made by the Director-General of an intelligence and security agency.

        1. An agency may grant an exemption only if the agency is satisfied that granting the exemption—

        2. will not have a significant negative impact on any members of the public; and
          1. is otherwise appropriate.

            1. The agency must, before granting an exemption, have regard to—

            2. whether, in the circumstances, compliance with the enactment referred to in subsection (1)—
              1. would require the entity or officer to comply with a duty or requirement that is unduly onerous or burdensome; or
                1. is not necessary in order to fulfil the purpose for which the duty or requirement was imposed; and
                2. whether the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption; and
                  1. the purposes of the enactment referred to in subsection (1); and
                    1. any other matters the agency thinks relevant.

                      1. An exemption must be granted by notice in writing and may be subject to any terms and conditions specified by the agency.

                      2. Repealed

                      3. In this section and section 45(2)(g), officer, in relation to an entity, means—

                      4. a director within the meaning of section 6(1) of the Financial Markets Conduct Act 2013; and
                        1. a person who is not a director but who occupies a position that allows the person to exercise significant influence over the management or administration of the entity (for example, a chief executive or a chief financial officer).

                          Notes
                          • Section 42(2)(a)(ii): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                          • Section 42(6): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).