Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Authorised activities and powers

70: Privileged communications or privileged information

You could also call this:

"Private conversations and information that are protected by law, like talks with your lawyer."

Illustration for Intelligence and Security Act 2017

If you are a New Zealand citizen or a permanent resident of New Zealand, your private conversations and information are protected by law. An intelligence warrant cannot be used to get your private conversations or information, which are protected by legal professional privilege. This means that conversations between you and your lawyer, for example, are private and cannot be obtained using an intelligence warrant.

When the law talks about privileged communications or privileged information, it means conversations or information that are protected by law, such as those between you and your lawyer, or information that is protected in court proceedings under the Evidence Act 2006. You can find more information about this in sections 54 and 56 to 59 of the Evidence Act 2006. This protection is an important part of New Zealand law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921078.


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Part 4Authorisations
Intelligence warrants: Authorised activities and powers

70Privileged communications or privileged information

  1. An intelligence warrant may not authorise the carrying out of any activity or the exercise of any power for the purpose of obtaining privileged communications or privileged information of—

  2. a New Zealand citizen; or
    1. a permanent resident of New Zealand.
      1. In subsection (1), privileged communications or privileged information means communications or information protected by legal professional privilege or privileged in proceedings under section 54 or any of sections 56 to 59 of the Evidence Act 2006.

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