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Intelligence and Security Act 2017

Accessing information held by other agencies - Access to restricted information

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

You could also call this:

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

Illustration for Intelligence and Security Act 2017

The Minister and a Commissioner of Intelligence Warrants can let you access secret information if you apply under section 136(2)(a). They will only let you access this information if they think it is necessary to keep New Zealand safe and to stop certain harms, which are listed in section 58(2). They also need to make sure other conditions in section 139 are met.

If the Minister and Commissioner think the information will help achieve certain goals, which are listed in section 9(b) or (c), they might let you access it. They need to suspect the person who applied is working for a foreign person, organisation, or terrorist group, and that other conditions in section 139 are met. You can find more information about this in the related sections.

The Minister and Commissioner have to be careful when deciding who can access secret information, and they need to follow the rules set out in the law, including section 136(2)(a) and section 139.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921160.

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

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

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

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

  1. The responsible Minister and a Commissioner of Intelligence Warrants may grant an application made under section 136(2)(a) and permit access to specified restricted information if they are satisfied—

  2. that—
    1. access to the restricted information is necessary to contribute to the protection of national security and to assist in protecting against any of the harms specified in section 58(2); and
      1. the further criteria in section 139 are met; or
      2. that—
        1. access to the restricted information will contribute to achieving the objective in section 9(b) or (c); and
          1. there are reasonable grounds to suspect that the person referred to in section 136(2)(a) is acting, or purporting to act, for or on behalf of—
            1. a foreign person; or
              1. a foreign organisation; or
                1. a designated terrorist entity; and
                2. the further criteria in section 139 are met.