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Intelligence and Security Act 2017

Accessing information held by other agencies - Access to restricted information

136: Application for permission to access restricted information

You could also call this:

"Asking to see secret information about someone: a step agencies must take"

Illustration for Intelligence and Security Act 2017

If you are the Director-General of an intelligence and security agency, you must ask for permission to access restricted information about someone. You need to make this request to certain people, depending on who the person is. If the person is a New Zealand citizen or a permanent resident, you ask the responsible Minister and the Chief Commissioner of Intelligence Warrants.

If the person is not a New Zealand citizen or permanent resident, you ask the responsible Minister. When you make the request, you must say exactly what restricted information you want to access. You have to be specific about what you are looking for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921159.

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135: Meaning of restricted information, or

"What 'restricted information' means: secret information that must be kept confidential"

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137: Permission to access restricted information granted on application made under section 136(2)(a), or

"Getting permission to see secret information to help keep New Zealand safe"

Part 5Accessing information held by other agencies
Access to restricted information

136Application for permission to access restricted information

  1. The Director-General of an intelligence and security agency seeking access to restricted information in relation to a person must apply for permission.

  2. An application for permission must be made to—

  3. the responsible Minister and the Chief Commissioner of Intelligence Warrants, if the person is—
    1. a New Zealand citizen; or
      1. a permanent resident of New Zealand; or
      2. the responsible Minister, if the person is not—
        1. a New Zealand citizen; or
          1. a permanent resident of New Zealand.

          2. An application must state the particular restricted information to which access is sought.