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Intelligence and Security Act 2017

Miscellaneous provisions - Offences

227: Restriction on publication and broadcasting of information regarding employees

You could also call this:

"Don't share secrets about spy agency workers without permission"

Illustration for Intelligence and Security Act 2017

If you tell people that someone works for an intelligence and security agency without the Minister's written consent, you can get in trouble. You are not allowed to publish or broadcast this information in a newspaper, document, radio, or television. The Minister must give you written consent first.

There are some exceptions to this rule, like when Parliament is discussing something and you want to report on it. In this case, you are allowed to communicate and report on what is being said in Parliament, as explained in the Parliamentary Privilege Act 2014 and section 10 of the Parliamentary Privilege Act 2014.

If you break this rule, you can be fined up to $5,000 if you are an individual, or up to $20,000 if you are a company. The Minister's written consent can be used in court to show that you have permission to share certain information. When the law talks about "broadcast", it means to cause or allow something to be broadcast, and when it talks about "publish", it means to cause or allow something to be published.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921267.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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226: Personation, or

"Pretending to work for a spy agency is against the law"

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"Intelligence agency workers can keep their job a secret by not telling the truth about what they do."

Part 7Miscellaneous provisions
Offences

227Restriction on publication and broadcasting of information regarding employees

  1. A person commits an offence if the person, without the written consent of the relevant Minister, publishes in a newspaper or other document, or broadcasts by radio or television, the fact that any person—

  2. is an employee of an intelligence and security agency, not being—
    1. the Director-General of Security; or
      1. the Director-General of the Government Communications Security Bureau; or
      2. is connected in any way with an employee of an intelligence and security agency.

        1. Nothing in this section restricts—

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

            1. The written consent of the Minister in relation to any proceedings in any court may be filed in the court, and when so filed is sufficient authority to all persons to act in accordance with that consent.

            2. In this section,—

              broadcast includes cause or allow to be broadcast

                communication has the meaning given to it by section 5(1) of the Parliamentary Privilege Act 2014

                  proceedings in Parliament has the meaning given to it by section 10 of the Parliamentary Privilege Act 2014

                    publish includes cause or allow to be published

                      relevant Minister means the Minister responsible for the intelligence and security agency referred to in subsection (1).

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

                      2. in the case of an individual, to a fine not exceeding $5,000:
                        1. in the case of a body corporate, to a fine not exceeding $20,000.

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