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Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Application and issue of intelligence warrants

61: Additional criteria for issue of intelligence warrant

You could also call this:

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

Illustration for Intelligence and Security Act 2017

To get an intelligence warrant, you need to meet some extra criteria. The agency doing the activity must need to do it to perform a function under section 10 or 11. The activity must be proportionate to its purpose.

You must also show that you cannot achieve the purpose of the warrant in a less intrusive way. There must be arrangements in place to ensure that nothing is done beyond what is necessary and reasonable. The agency must take steps to minimise the impact on the public.

The agency must also follow rules about retaining, using, and disclosing any information obtained. This information must be handled in accordance with this Act or any other enactment. The activity must be necessary for the agency to perform its function.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921065.

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

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"Rules for issuing a special warrant that lets two spy agencies work together"

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

61Additional criteria for issue of intelligence warrant

  1. The additional criteria for the issue of an intelligence warrant referred to in sections 58(1)(b), 59(2)(c), and 60(3)(c) are that—

  2. the carrying out of the otherwise unlawful activity (a proposed activity) by an intelligence and security agency is necessary to enable the agency to perform a function under section 10 or 11; and
    1. the proposed activity is proportionate to the purpose for which it is to be carried out; and
      1. the purpose of the warrant cannot reasonably be achieved by a less intrusive means; and
        1. there are satisfactory arrangements in place to ensure that—
          1. nothing will be done in reliance on the intelligence warrant beyond what is necessary and reasonable for the proper performance of the function under section 10 or 11; and
            1. all reasonably practicable steps will be taken to minimise the impact of the proposed activity on any members of the public; and
              1. any information obtained in reliance on the intelligence warrant will be retained, used, and disclosed only in accordance with this Act or any other enactment.

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