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Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Complaints

171: Complaints that may be made to Inspector-General

You could also call this:

"How to complain about intelligence and security agencies to the Inspector-General"

Illustration for Intelligence and Security Act 2017

You can make a complaint to the Inspector-General for certain reasons. You can complain if you think an intelligence and security agency has done something wrong that affects you. This can be something they did or did not do, a practice, policy, or procedure that you think is wrong.

You can also complain if you work for an intelligence and security agency, or used to work for one, and you think they have done something wrong that affects you, but only if you have already tried to fix the problem inside the agency or if the person in charge of the agency agrees in writing.

The Speaker of the House of Representatives can also make a complaint on behalf of one or more members of Parliament about something an intelligence and security agency has done. You can make a complaint under this section, and you can also make a protected disclosure under the Protected Disclosures (Protection of Whistleblowers) Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921190.

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Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Complaints

171Complaints that may be made to Inspector-General

  1. A complaint may be made to the Inspector-General under subsection (2), (3), or (4).

  2. A New Zealand person (not being a person referred to in subsection (3)) may complain that he or she has, or may have, been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency.

  3. An employee, or a former employee, of an intelligence and security agency may complain that he or she has, or may have, been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency if—

  4. all established internal remedies have been exhausted; or
    1. the Director-General of the relevant intelligence and security agency agrees in writing.

      1. The Speaker of the House of Representatives on behalf of 1 or more members of Parliament may complain about any act, omission, practice, policy, or procedure of an intelligence and security agency.

      2. The ability to complain under this section is in addition to the ability to make a protected disclosure under the Protected Disclosures (Protection of Whistleblowers) Act 2022.

      Compare
      Notes
      • Section 171(5): inserted, on , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).