Plain language law

New Zealand law explained for everyone

Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Authorisations by Director-General of intelligence and security agency

78: Very urgent authorisations by Director-General of intelligence and security agency

You could also call this:

"Emergency approval by the intelligence boss when there's no time to follow the usual rules"

Illustration for Intelligence and Security Act 2017

If you are in a situation where an application for an urgent intelligence warrant is needed, but waiting to make the application would stop the warrant from working, this section applies to you. You need to know that the Director-General of an intelligence and security agency can allow something to happen that would normally be against the law. This can happen if a Type 1 or Type 2 intelligence warrant is needed, but there is not enough time to get one.

The Director-General must be sure of certain things before giving this kind of permission. If a Type 1 intelligence warrant is needed, they must be satisfied of the matters in section 58 or section 59. If a Type 2 intelligence warrant is needed, they must be satisfied of the matters in section 60.

You should understand that the Director-General has to follow these rules when making decisions about very urgent authorisations. They have to make sure they are doing the right thing before giving permission for something that would normally be against the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921094.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
Previous

77: Intelligence warrants issued under section 71 or 72 to be referred to Inspector-General, or

"Some spy warrants must be checked by the Inspector-General to make sure they are fair."

Next

79: Authorisation given under section 78(2)(a) effective as Type 1 intelligence warrant, or

"A special approval works like a strong spy warrant for 24 hours."

Part 4Authorisations
Intelligence warrants: Authorisations by Director-General of intelligence and security agency

78Very urgent authorisations by Director-General of intelligence and security agency

  1. This section applies if—

  2. an application for the urgent issue of an intelligence warrant would otherwise need to be made; but
    1. the delay in making that application would defeat the purpose of obtaining the warrant.

      1. The Director-General of an intelligence and security agency may authorise the carrying out of an otherwise unlawful activity for which—

      2. a Type 1 intelligence warrant is required; or
        1. a Type 2 intelligence warrant is required.

          1. Before giving an authorisation under subsection (2)(a), the Director-General of an intelligence and security agency must be satisfied of the matters in section 58 or 59.

          2. Before giving an authorisation under subsection (2)(b), the Director-General of an intelligence and security agency must be satisfied of the matters in section 60.