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Intelligence and Security Act 2017

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

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

You could also call this:

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

Illustration for Intelligence and Security Act 2017

If you get an authorisation under section 78(2)(a), it works like a Type 1 intelligence warrant. The Director-General of an intelligence and security agency must tell the authorising Minister and the Chief Commissioner of Intelligence Warrants right away. They also have to apply for a Type 1 intelligence warrant within 24 hours.

When you get this authorisation, it only lasts for 24 hours unless the Director-General applies for a Type 1 intelligence warrant before the time runs out. The authorising Minister or the Chief Commissioner of Intelligence Warrants can cancel the authorisation at any time before the application is decided.

If the Director-General applies for a Type 1 intelligence warrant but does not get one, the authorisation is cancelled. The Director-General must apply under section 55 to get a Type 1 intelligence warrant, and if they do not get it, the authorisation is no longer valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921095.

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

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

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80: Authorisation given under section 78(2)(b) effective as Type 2 intelligence warrant, or

"A special approval works like a strong spy warrant if the boss of a spy agency asks for it within 24 hours."

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

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

  1. An authorisation given under section 78(2)(a) is effective as if it were a Type 1 intelligence warrant, but the Director-General of an intelligence and security agency must—

  2. immediately notify—
    1. the authorising Minister; and
      1. the Chief Commissioner of Intelligence Warrants; and
      2. within 24 hours after giving the authorisation, make an application under section 55 for the issue of a Type 1 intelligence warrant.

        1. An authorisation given under section 78(2)(a) is revoked by the operation of law 24 hours after it is given unless, before the expiry of that period, an application under section 55 is made.

        2. The authorising Minister or the Chief Commissioner of Intelligence Warrants may, at any time before an application made under section 55 is determined, revoke an authorisation given under section 78(2)(a).

        3. If a Type 1 intelligence warrant is not issued in respect of the unlawful activity authorised by the Director-General, the authorisation is revoked.