Intelligence and Security Act 2017

Authorisations

49: Authorisation required to carry out otherwise unlawful activity

You could also call this:

"Agencies need permission to do something that's normally against the law"

Illustration for Intelligence and Security Act 2017

If you are an intelligence and security agency, you can only do something that is normally against the law if you have permission to do it. You need this permission, called an authorisation, to carry out the activity. This means you must follow the rules.

If you want someone in another country to do something for you, you cannot ask them to do it if it is against the law, unless you have an authorisation. You must have permission to ask someone else to do something that would be against the law if you did it yourself. This rule applies even if the person you are asking is in a different country.

If you have an authorisation, you can do something that would normally be against the law, even if other laws say you cannot do it. This is because the authorisation allows you to do it, so it is no longer against the law for you to do that specific thing. You can carry out the activity because you have the permission you need.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921054.


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48: Authorisation not required to carry out lawful activity, or

"Doing something allowed by law doesn't need special permission."


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50: Duty to act only as authorised, or

"Do only what you are allowed to do"

Part 4Authorisations

49Authorisation required to carry out otherwise unlawful activity

  1. An intelligence and security agency may carry out an otherwise unlawful activity only if that activity is an authorised activity.

  2. An intelligence and security agency may not, without an authorisation, request a government of, or an entity in, another jurisdiction to carry out an activity that would be an unlawful activity if it were carried out by the intelligence and security agency.

  3. An authorised activity may lawfully be carried out by an intelligence and security agency despite anything to the contrary in any other enactment.