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Intelligence and Security Act 2017

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

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

You could also call this:

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

Illustration for Intelligence and Security Act 2017

If you get an authorisation under section 78(2)(b), it works like a Type 2 intelligence warrant. The Director-General of an intelligence and security agency must tell the authorising Minister and apply for a Type 2 intelligence warrant within 24 hours. You need to know the Director-General has to do this quickly, or the authorisation will not be valid for long. The authorisation will stop working after 24 hours if the Director-General does not apply for a Type 2 intelligence warrant.

The authorising Minister can stop the authorisation at any time before the application is decided. If the application for a Type 2 intelligence warrant is not approved, the authorisation will be stopped. This means the Director-General's authorisation will not be valid anymore if they do not get the Type 2 intelligence warrant.

The law says the authorisation will be revoked if the Director-General does not get the Type 2 intelligence warrant. You can find more information about this in section 55 and section 78(2)(b). The Director-General must follow these rules to keep the authorisation 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=DLM6921096.

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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."

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81: Information to be destroyed if authorisation given under section 78 revoked, or

"Destroy information quickly if its approval is cancelled"

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

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

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

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

      1. An authorisation given under section 78(2)(b) 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 may, at any time before an application made under section 55 is determined, revoke an authorisation given under section 78(2)(b).

      3. If a Type 2 intelligence warrant is not issued in respect of the unlawful activity authorised by the Director-General, the authorisation is revoked.