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Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Application and issue of intelligence warrants

60: Issue of Type 2 intelligence warrant

You could also call this:

"The government gives a special permission called a Type 2 intelligence warrant to help keep New Zealand safe."

Illustration for Intelligence and Security Act 2017

The authorising Minister issues a Type 2 intelligence warrant. You need to know that the Minister can only give this warrant to the Director-General of an intelligence and security agency if they are satisfied with certain matters. The Minister must be satisfied that the warrant will help the agency do something that contributes to national security or New Zealand's well-being.

The Minister also needs to be sure that the activity is not about a person or group that needs a Type 1 warrant. The Minister must check that the agency meets extra criteria in section 61 before issuing the warrant. This is an important step in the process of issuing a Type 2 intelligence warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921064.

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59: Issue of Type 1 intelligence warrant to contribute to New Zealand’s international relations or economic well-being, or

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61: Additional criteria for issue of intelligence warrant, or

"Extra rules for getting a special permit to gather secret information"

Part 4Authorisations
Intelligence warrants: Application and issue of intelligence warrants

60Issue of Type 2 intelligence warrant

  1. A Type 2 intelligence warrant is issued by the authorising Minister.

  2. A Type 2 intelligence warrant may be issued to the Director-General of an intelligence and security agency only if the authorising Minister is satisfied of the matters in subsection (3).

  3. The matters are—

  4. that the issue of the Type 2 intelligence warrant will enable the intelligence and security agency to carry out an activity that—
    1. is necessary to contribute to the protection of national security; or
      1. will contribute to—
        1. the international relations and well-being of New Zealand; or
          1. the economic well-being of New Zealand; and
        2. that the activity is not in respect of a person, or class of persons, for which a Type 1 warrant is required; and
          1. that the additional criteria in section 61 are met.