Plain language law

New Zealand law explained for everyone

Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Appointment, functions, duties, and powers of Inspector-General

158: Functions of Inspector-General

You could also call this:

"The Inspector-General's job is to check if spy agencies are following the rules and doing their jobs correctly."

Illustration for Intelligence and Security Act 2017

The Inspector-General has many jobs. You can think of the Inspector-General like a watchdog who makes sure intelligence and security agencies are doing their jobs correctly. The Inspector-General can look into things like whether an agency is following the law, including laws about human rights, if someone asks them to.

The Inspector-General can also look into things on their own if they think something is not right. They can deal with complaints from people and review what the agencies are doing to make sure they are following the rules. The Inspector-General has to think about what the government wants them to do when they are looking into things.

The Inspector-General also has to check that the agencies are doing what they are supposed to be doing, and that they are following the rules. They can look at things like how the agencies are managing information and risks, and whether they are complying with the law. The Inspector-General can review things like permissions and approvals given to the agencies, and they can also look at how the agencies are using their powers. You can find more information about what the Inspector-General does in relation to authorisations and section 14, section 137, section 138, section 147, section 150, and section 159.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM6921171.

Topics:
Government and voting > Government departmentsRights and equality > Anti-discriminationRights and equality > Privacy
Previous

157: Appointment of Inspector-General, or

"Who gets to be the Inspector-General, the person checking intelligence and security agencies are doing their job correctly?"

Next

159: Inspector-General to prepare and publish annual work programme, or

"Inspector-General makes a yearly work plan and shares it with the public."

Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Appointment, functions, duties, and powers of Inspector-General

158Functions of Inspector-General

  1. The functions of the Inspector-General are—

  2. to conduct an inquiry into any matter relating to an intelligence and security agency’s compliance with New Zealand law, including human rights law, if that inquiry is requested by—
    1. the Minister responsible for the intelligence and security agency; or
      1. the Intelligence and Security Committee:
      2. to conduct an inquiry into any matter where it appears that a New Zealand person has been or may be adversely affected by an act, omission, practice, policy, or procedure of an intelligence and security agency, if that inquiry is requested by—
        1. the Minister responsible for the intelligence and security agency; or
          1. the Intelligence and Security Committee:
          2. to conduct an inquiry into the propriety of particular activities of an intelligence and security agency, if that inquiry is requested by—
            1. the Minister responsible for the intelligence and security agency; or
              1. the Intelligence and Security Committee; or
                1. the Prime Minister:
                2. to conduct an inquiry of the type referred to in paragraph (a), (b), or (c) on the Inspector-General’s own initiative:
                  1. to deal with complaints received under section 171:
                    1. to conduct reviews, at intervals of not more than 12 months, of the effectiveness and appropriateness of—
                      1. the procedures of each intelligence and security agency to ensure compliance with this Act in relation to the issue and execution of an authorisation; and
                        1. the compliance systems of each intelligence and security agency for operational activities, including all supporting policies and practices of an intelligence and security agency relating to—
                          1. administration:
                            1. information management:
                              1. risk management:
                                1. legal compliance generally:
                              2. to conduct a review, on the Inspector-General’s own initiative, of any activity carried out by an intelligence and security agency in the performance of its function under section 14:
                                1. to conduct unscheduled audits of the procedures and compliance systems described in paragraph (f):
                                  1. to conduct a review in relation to either or both of the following:
                                    1. the issue of an authorisation:
                                      1. the carrying out of an authorised activity:
                                      2. to conduct a review in relation to a permission granted under section 137 or 138:
                                        1. to conduct a review in relation to the issue of—
                                          1. approvals under section 147:
                                            1. business records directions under section 150:
                                            2. to undertake all work programmes published under section 159:
                                              1. to perform any other functions conferred or imposed on the Inspector-General by or under this Act or any other enactment.

                                                1. In conducting any inquiry or review, the Inspector-General must take into account—

                                                2. any relevant ministerial policy statement; and
                                                  1. the extent to which an intelligence and security agency has had regard to that statement.

                                                    1. In this section, authorisation and authorised activity have the meanings given to them by section 47.

                                                    Compare