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Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Urgent intelligence warrants

71: Urgent issue of Type 1 intelligence warrant

You could also call this:

"Getting a special spy warrant quickly in an emergency"

Illustration for Intelligence and Security Act 2017

If you need a Type 1 intelligence warrant quickly, this section of the law applies. You can make an urgent application if there is a situation of urgency. The authorising Minister and a Commissioner of Intelligence Warrants can allow you to make the application orally, like over the phone, and you might not need to put everything in writing.

They can issue the warrant quickly, following the rules in section 58 or section 59. The authorising Minister can also issue the warrant without a Commissioner of Intelligence Warrants, but they must tell the Chief Commissioner of Intelligence Warrants right away. The Chief Commissioner of Intelligence Warrants can cancel the warrant at any time before a certain application is decided, as stated in section 74.

If the authorising Minister issues the warrant without a Commissioner of Intelligence Warrants, the warrant is still effective, but the Chief Commissioner of Intelligence Warrants has the power to revoke it. You should be aware that the rules for urgent warrants are a bit different from the normal rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921084.

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

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Part 4Authorisations
Intelligence warrants: Urgent intelligence warrants

71Urgent issue of Type 1 intelligence warrant

  1. This section applies if an application for the issue of a Type 1 intelligence warrant is made in a situation of urgency.

  2. If this section applies,—

  3. the authorising Minister and a Commissioner of Intelligence Warrants may, if satisfied that a situation of urgency exists and that it is necessary to do so,—
    1. allow the application to be made orally (for example, by a telephone call) or by personal appearance, and excuse the applicant from putting all or any part of the application in writing; and
      1. issue urgently in accordance with section 58 or 59 a Type 1 intelligence warrant; or
      2. the authorising Minister may, if satisfied that a situation of urgency exists and that it is necessary to do so without the involvement of a Commissioner of Intelligence Warrants,—
        1. allow the application to be made orally (for example, by a telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application in writing; and
          1. issue urgently in accordance with section 58 or 59 a Type 1 intelligence warrant.

          2. If a Type 1 intelligence warrant is issued under subsection (2)(b)(ii), the warrant is effective as if it had been issued by the authorising Minister and a Commissioner of Intelligence Warrants, but—

          3. the authorising Minister must immediately notify the Chief Commissioner of Intelligence Warrants; and
            1. the Chief Commissioner of Intelligence Warrants may, at any time before an application required by section 74 is determined, revoke the warrant.