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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

191: Offence to publish information relating to inquiry

You could also call this:

"Don't share inquiry information without permission"

Illustration for Intelligence and Security Act 2017

You commit an offence if you publish or share information about an inquiry without the Minister's written consent. This includes complaints, decisions, reports, or accounts of inquiries. You can find more information about what is allowed in sections like section 185(5) and section 188(1) or 222(7). If you do something wrong, you might get a prison sentence or a fine. The prison sentence can be up to 2 years or the fine can be up to $10,000. The Attorney-General must agree before you can be prosecuted for this offence. This section does not stop people talking about what happens in Parliament. You can read about what "communication" and "proceedings in Parliament" mean in the Parliament Act 2025 and the Parliament Act 2025. The "relevant Minister" is the Minister in charge of the agency involved in the complaint or inquiry.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921212.

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

191Offence to publish information relating to inquiry

  1. A person commits an offence if the person, without the written consent of the relevant Minister, publishes or broadcasts, or causes to be published or broadcast, or otherwise distributes or discloses,—

  2. any complaint that is before the Inspector-General; or
    1. any decision of the Inspector-General relating to a complaint or an inquiry; or
      1. any report or account of any inquiry conducted by the Inspector-General; or
        1. any decision of the relevant Minister relating to a complaint or an inquiry.

          1. Subsection (1) does not apply to the publication, broadcast, distribution, or disclosure of—

          2. advice provided to a complainant by the Inspector-General under section 185(5); or
            1. a report made publicly available by the Inspector-General under section 188(1) or 222(7); or
              1. any material that the Inspector-General has approved for release (the approval being given in writing after the Inspector-General has consulted, in relation to security requirements, the Director-General of the intelligence and security agency to which the inquiry or complaint relates); or
                1. the fact only that an inquiry has been conducted by the Inspector-General.

                  1. A person who commits an offence against this section is liable on conviction to—

                  2. a term of imprisonment not exceeding 2 years; or
                    1. a fine not exceeding $10,000.

                      1. A prosecution for an offence under this section may not be commenced without the leave of the Attorney-General.

                      2. Nothing in this section restricts—

                      3. the communication of proceedings in Parliament; or
                        1. the reporting of proceedings in Parliament.

                          1. In this section,—

                            communication has the meaning given to it by section 12 of the Parliament Act 2025

                              proceedings in Parliament has the meaning given to it by section 13 of the Parliament Act 2025

                                relevant Minister means the Minister responsible for the intelligence and security agency to which the complaint or inquiry relates.

                                Compare
                                Notes
                                • Section 191(6) communication: amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).
                                • Section 191(6) proceedings in Parliament: amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).