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Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Procedure on completion of inquiry

185: Inspector-General to prepare report on completion of inquiry

You could also call this:

"The Inspector-General writes a report after looking into something, saying what they found and what should happen next."

Illustration for Intelligence and Security Act 2017

When an inquiry is finished, the Inspector-General has to write a report with their conclusions and recommendations. You will see the Inspector-General's report includes what they think should happen next. The Inspector-General sends this report to important people like the Minister responsible for the intelligence and security agency.

The Inspector-General must send the report to the Minister, the Director-General of the agency, and sometimes the Prime Minister or the Intelligence and Security Committee. The Inspector-General may also send the report to the Intelligence and Security Committee if certain conditions are met. This can happen if the responsible Minister or the Prime Minister agrees to it.

If someone made a complaint that led to the inquiry, the Inspector-General tells them what they found out, but not in a way that would hurt New Zealand's security or international relations. The Inspector-General can decide how sensitive the report is after talking to the Director-General of the agency. However, if the report mentions something that is already classified, it cannot be given a lower security classification, you can find more information about this in the legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921206.

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Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Procedure on completion of inquiry

185Inspector-General to prepare report on completion of inquiry

  1. On the completion of an inquiry, the Inspector-General must prepare a written report containing his or her conclusions and recommendations.

  2. In the case of an inquiry conducted in relation to a complaint, the report may include any recommendations for the redress of that complaint that the Inspector-General considers appropriate (including remedies that involve the payment of compensation).

  3. The Inspector-General must send the report to—

  4. the Minister responsible for the intelligence and security agency to which the inquiry relates; and
    1. the Director-General of the intelligence and security agency to which the inquiry relates; and
      1. the Prime Minister, if the inquiry was conducted at the request of the Prime Minister; and
        1. the Intelligence and Security Committee, if the inquiry was conducted at the request of the Committee.

          1. If the inquiry was not conducted at the request of the Intelligence and Security Committee, the Inspector-General may send the report to the Committee if—

          2. the inquiry was conducted on the Inspector-General’s own initiative and the responsible Minister agrees to the report being sent to the Intelligence and Security Committee; or
            1. the inquiry was conducted at the request of a Minister responsible for the intelligence and security agency, and the Minister agrees to the report being sent to the Intelligence and Security Committee; or
              1. the inquiry was conducted at the request of the Prime Minister, and the Prime Minister agrees to the report being sent to the Intelligence and Security Committee.

                1. In the case of an inquiry conducted in relation to a complaint, the Inspector-General must advise the complainant of his or her conclusions in terms that will not prejudice—

                2. the security or defence of New Zealand; or
                  1. the international relations of the Government of New Zealand.

                    1. The Inspector-General may, after consulting the Director-General of the intelligence and security agency concerned, determine the security classification of the report.

                    2. Despite subsection (6), if a report quotes or summarises any matter that has a security classification, then the quote or summary of that matter in the report must not be given a lower security classification.

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