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Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Procedure for inquiries

176: Evidence

You could also call this:

"What happens when you give information to help with an inquiry"

Illustration for Intelligence and Security Act 2017

When you are part of an inquiry, the Inspector-General will do it in private. The Inspector-General can use any information that will help with the inquiry, even if it's not something that would be allowed in court. The Inspector-General gets to decide what information is helpful.

You will be allowed to speak and have someone represent you if you make a complaint. Other people can also speak about your character and how reliable you are. The Inspector-General must listen to you.

If the Inspector-General thinks someone might be affected by their report, they must give that person a chance to speak. This includes intelligence and security agencies, their employees, or other departments and people. The Inspector-General will make sure they are heard.

The Inspector-General can decide how to run the inquiry, as long as they follow the rules of this Act. You can look at the Public Service Act 2020 for more information about how this section was amended.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921197.

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175: Commencing of inquiry, or

"When an inquiry into an intelligence agency starts, the Inspector-General lets them know what it's about."

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177: Evidence of breach of duty or misconduct by employee of intelligence and security agency, or

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Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Procedure for inquiries

176Evidence

  1. The Inspector-General must conduct an inquiry in private.

  2. The Inspector-General may receive in evidence any statement, document, information, or matter that may, in the Inspector-General’s opinion, assist him or her with the inquiry, whether or not the statement, document, information, or matter would be admissible in a court of law.

  3. The Inspector-General must allow a complainant to be heard, to be represented by counsel or any other person, and to have any other persons testify to the complainant’s record, reliability, and character.

  4. If, at any time during an inquiry, it appears to the Inspector-General that there may be sufficient grounds for making any report or recommendation that may adversely affect an intelligence and security agency, any employee of an intelligence and security agency, or any other department, interdepartmental venture, or person, the Inspector-General must give that agency, employee, or person an opportunity to be heard.

  5. Subject to the provisions of this Act, the Inspector-General may regulate his or her procedure in the manner that he or she thinks fit.

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Notes
  • Section 176(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).