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Intelligence and Security Act 2017

Authorisations - Removal warrants

85: Issue of removal warrant to retrieve previously installed devices

You could also call this:

"Getting permission to remove spy devices after they're no longer needed"

Illustration for Intelligence and Security Act 2017

If you have a device installed under an intelligence warrant, it might still be there after the warrant ends. The Director-General of Security can ask the Minister for a removal warrant to take the device away. The Minister can give this warrant if they think it is necessary.

The Director-General of Security needs to make a written application for the removal warrant. The Minister responsible for the New Zealand Security Intelligence Service decides if the warrant is issued. You can see more about this in the legislation that this law is based on.

A removal warrant is only valid for a certain time, which is 12 months or less. This means the device or equipment must be removed within that time frame. The warrant will say how long it is valid for.

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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=DLM6921113.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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84: Amendment and revocation of intelligence warrants, or

"Changing or cancelling spy warrants and what happens to the information they collect"

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86: Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases, or

"Government must consult Minister of Foreign Affairs before issuing removal warrants that affect New Zealand's relationships with other countries."

Part 4Authorisations
Removal warrants

85Issue of removal warrant to retrieve previously installed devices

  1. This section applies if any device or equipment that has been installed in accordance with an intelligence warrant issued to the Director-General of an intelligence and security agency (the original intelligence warrant) remains in a place or thing after the original intelligence warrant has ceased to be in force.

  2. The Director-General of Security may make a written application to the Minister responsible for the New Zealand Security Intelligence Service for the issue of a removal warrant authorising the removal of the device or equipment.

  3. A removal warrant may be issued to the Director-General of Security if the Minister responsible for that agency is satisfied that the issue of the warrant is necessary.

  4. A removal warrant must specify a period not exceeding 12 months during which it is valid.

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