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Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Authorised activities and powers

68: Powers of New Zealand Security Intelligence Service acting under intelligence warrant

You could also call this:

"What the New Zealand Security Intelligence Service can do when they have a special permission called an intelligence warrant"

Illustration for Intelligence and Security Act 2017

If you are the Director-General of the New Zealand Security Intelligence Service, or an employee allowed to do so, you can do certain things to carry out an intelligence warrant. You can enter a place, vehicle, or thing that is specified in the warrant, or one that is owned or occupied by someone identified in the warrant. You can also enter a place where someone identified in the warrant is, or has been.

You can install, use, or remove devices like visual surveillance devices, tracking devices, or interception devices. You can access information systems or open things like vehicles or containers. You can take photos, videos, or drawings of a place or thing you enter, if you think they might be relevant.

You can bring equipment into a place and use it, or use equipment you find there. You can use electricity from a place or thing, or bring a trained dog into a place to help with searching. You can use force to carry out a search, but only if it is reasonable. You must follow any rules or conditions stated in the warrant, as outlined in section 64.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921075.

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Part 4Authorisations
Intelligence warrants: Authorised activities and powers

68Powers of New Zealand Security Intelligence Service acting under intelligence warrant

  1. The Director-General of the New Zealand Security Intelligence Service, or an employee of that intelligence and security agency authorised by the Director-General for that purpose, may exercise any of the following powers to give effect to an intelligence warrant:

  2. enter—
    1. any place, vehicle, or other thing that is specified in the intelligence warrant; or
      1. any place, vehicle, or other thing that is owned or occupied by a person identified in the intelligence warrant; or
        1. any place, vehicle, or other thing where a person identified in the intelligence warrant is, is likely to be, or has been, at any time; or
          1. in any case where an information infrastructure is identified in the intelligence warrant, any place, vehicle, or other thing—
            1. where that information infrastructure is or is likely to be at any time; or
              1. that it is necessary to enter in order to access that information infrastructure:
            2. install, use, maintain, or remove—
              1. a visual surveillance device; or
                1. a tracking device; or
                  1. an interception device:
                  2. access an information infrastructure or a class of information infrastructures:
                    1. open (by any means) or interfere with a vehicle, container, receptacle, or other thing:
                      1. take photographs, sound recordings, video recordings, or drawings of the place, vehicle, or other thing entered or searched, and of any item found in or on that place or thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the activity:
                        1. bring into and use in or on a place, vehicle, or other thing searched any equipment:
                          1. use any equipment found in or on the place, vehicle, or other thing searched:
                            1. extract and use, in the course of carrying out activities allowed by the warrant, any electricity from a place or thing:
                              1. bring into and use in or on a place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching or other intelligence duties and that is under the control of its usual handler):
                                1. use any force in respect of any property or thing that is reasonable for the purposes of carrying out a search or seizure:
                                  1. do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the warrant and to keep the activities of the intelligence and security agency covert:
                                    1. do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.

                                      1. Subsection (1) applies subject to any restrictions or conditions imposed under section 64 and stated in the warrant.

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