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Intelligence and Security Act 2017

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

178: Power to summon persons

You could also call this:

"The Inspector-General can call you to answer questions and tell the truth about something they're investigating."

Illustration for Intelligence and Security Act 2017

The Inspector-General can ask you to come and answer questions if they think you have information that can help with their inquiry. They can also ask you to promise to tell the truth, which is called taking an oath. If you are asked to answer questions, it is like being in a court, and you must tell the truth, or it could be considered perjury, as stated in section 108 of the Crimes Act 1961.

If the Inspector-General asks you to come and answer questions, you will get paid for your time and expenses, according to the rules set out in the Criminal Procedure Act 2011. The Inspector-General might also decide to pay other people who come to answer questions, even if they were not officially asked to come.

The Inspector-General can decide not to pay you the full amount they are supposed to pay you, or they can decide not to pay you at all, if they think it is not fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921199.

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

178Power to summon persons

  1. The Inspector-General may summon and examine on oath any person who the Inspector-General considers is able to give information relevant to the inquiry, and may for that purpose administer an oath to any person.

  2. Every examination by the Inspector-General under subsection (1) is to be treated as a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

  3. Witnesses’ fees, allowances, and expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011—

  4. must be paid by the Inspector-General to any person who appears as a witness before the Inspector-General under a summons; and
    1. may, if the Inspector-General so decides, be paid by the Inspector-General to any other person who appears as a witness before the Inspector-General.

      1. The Inspector-General may disallow the whole or any part of a sum payable under subsection (3)(a).

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