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Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Application and issue of intelligence warrants

62: Issue of joint intelligence warrant

You could also call this:

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

Illustration for Intelligence and Security Act 2017

When you want to issue a joint intelligence warrant, there are rules to follow. You can issue a joint Type 1 intelligence warrant under section 58 or section 59 if the authorising Minister and a Commissioner of Intelligence Warrants think it is a good idea. They make this decision based on the circumstances.

You can issue a joint Type 2 intelligence warrant under section 60 if the authorising Minister thinks it is a good idea. The Minister makes this decision based on the circumstances.

The Director-General of Security and the Director-General of the Government Communications Security Bureau can work together to carry out activities and use powers authorised by a joint intelligence warrant. They can do this even if one of them would not normally be allowed to do something that the other can do, as long as the joint intelligence warrant says they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921068.

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

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

62Issue of joint intelligence warrant

  1. A joint Type 1 intelligence warrant may be issued under section 58 or 59 if the authorising Minister and a Commissioner of Intelligence Warrants consider it appropriate in the circumstances to do so.

  2. A joint Type 2 intelligence warrant may be issued under section 60 if the authorising Minister considers it appropriate in the circumstances to do so.

  3. The Director-General of Security and the Director-General of the Government Communications Security Bureau may jointly or severally—

  4. carry out all of the activities authorised by a joint intelligence warrant; and
    1. exercise all of the powers under a joint intelligence warrant.

      1. Subsection (3) applies even though an activity or a power authorised by the joint intelligence warrant is not an activity or a power that a Director-General could be authorised to carry out or exercise by an intelligence warrant that is not a joint intelligence warrant (for example, the Director-General of the Government Communications Security Bureau may exercise a power that may be exercised by the Director-General of Security).