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Intelligence and Security Act 2017

Miscellaneous provisions - Annual reports

221: Annual reports of intelligence and security agencies

You could also call this:

"Intelligence agencies must write a yearly report about what they did and share it with the government and public."

Illustration for Intelligence and Security Act 2017

The Director-General of each intelligence and security agency must give a report to the Minister after each financial year. This report is called an annual report and it must have certain information in it, like what the agency did that year. The report must also include information required by section 45 of the Public Finance Act 1989.

You will see statements in the report about how many times the agency helped other groups, like the New Zealand Police and the New Zealand Defence Force. The report will also say how many times the agency asked for special permissions, like warrants, and if they were approved or not. It will include information about the agency's equal employment opportunities programme, which is defined in section 74(2) of the Public Service Act 2020.

The Minister must give a copy of the report to the Intelligence and Security Committee and then present it to the House of Representatives. Before presenting the report, the Minister can remove some information if they think it would be bad for New Zealand's security or relationships with other countries. The agency must then make the report public on their website, but they might remove some information first.

A working day is defined in section 2(1) of the Public Finance Act 1989. The report must be presented to the House of Representatives within 30 working days after the Minister gets it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921254.

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Part 7Miscellaneous provisions
Annual reports

221Annual reports of intelligence and security agencies

  1. As soon as practicable after the end of each financial year, the Director-General of each intelligence and security agency must provide to the Minister responsible for that intelligence and security agency a report (an annual report) on the activities of the agency during that year.

  2. An annual report must contain the information required by section 45 of the Public Finance Act 1989 and, additionally, include—

  3. a statement as to the number of occasions on which the agency has provided assistance under section 13(1)(b) to—
    1. the New Zealand Police; and
      1. the New Zealand Defence Force; and
      2. a statement as to the number of occasions on which the agency has provided assistance under section 14; and
        1. a statement as to the number of applications made by the agency for the following:
          1. a Type 1 intelligence warrant; and
            1. a Type 2 intelligence warrant; and
              1. the urgent issue of a Type 1 intelligence warrant under section 71; and
                1. the urgent issue of a Type 2 intelligence warrant under section 72; and
                  1. a joint Type 1 intelligence warrant under section 56; and
                    1. a joint Type 2 intelligence warrant under section 56; and
                    2. a statement as to the number of applications referred to in each of subparagraphs (i) to (vi) of paragraph (c) that were—
                      1. approved; and
                        1. declined; and
                        2. a statement as to the number of authorisations given by the Director-General under section 78; and
                          1. a statement as to the number of applications made by the agency under section 136 for permission to access restricted information; and
                            1. a statement as to the number of applications referred to in paragraph (f) that were—
                              1. approved; and
                                1. declined; and
                                2. a statement as to the number of business records directions issued by the agency to business agencies under section 150; and
                                  1. a statement setting out—
                                    1. a summary of the agency’s equal employment opportunities programme for the year; and
                                      1. an account of the extent to which the agency was, during the year, able to meet that programme.

                                      2. As soon as practicable after receiving an annual report, the Minister must give a copy to the Intelligence and Security Committee.

                                      3. Within 30 working days after receiving an annual report, the Minister must present a copy of the report to the House of Representatives in which—

                                      4. the financial statements are replaced with a statement recording the total of the actual expenses and capital expenditure incurred by the agency for the year against the agency’s appropriation for that financial year; and
                                        1. information may be deleted in accordance with a direction of the Minister under subsection (5).

                                          1. Before presenting a copy of an annual report to the House of Representatives, the Minister may direct that any information (other than the statements referred to in subsections (2) and (4)(a)) be excluded from the report if the Minister considers that the information, if publicly disclosed, would be likely—

                                          2. to prejudice the security or defence of New Zealand or international relations of the Government of New Zealand; or
                                            1. to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of any other country or any agency of such a Government; or
                                              1. to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by any international organisation; or
                                                1. to endanger the safety of any person; or
                                                  1. to prejudice the privacy of an individual.

                                                    1. As soon as practicable after an annual report has been presented to the House of Representatives, the agency must make a copy of the report (as presented to the House of Representatives) publicly available on an Internet site maintained by or on behalf of the agency.

                                                    2. In this section,—

                                                      equal employment opportunities programme has the meaning given to it by section 74(2) of the Public Service Act 2020

                                                        working day has the meaning given to it by section 2(1) of the Public Finance Act 1989.

                                                        Compare
                                                        Notes
                                                        • Section 221(7) equal employment opportunities programme: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).