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

You commit an offence if you publish or broadcast that someone works for an intelligence and security agency without the Minister's written consent. This includes saying someone is connected to an employee of an intelligence and security agency. The Minister is the person in charge of the agency. You do not commit an offence if you talk about what happens in Parliament. The Minister's written consent can be filed in court and this is enough for people to follow it. If you break this rule, you can be fined up to $5,000 as an individual or $20,000 as a company. The terms used in this section have specific meanings, such as "broadcast" meaning to cause or allow something to be broadcast, and "publish" meaning to cause or allow something to be published. "Communication" is defined in section 12 of the Parliament Act 2025, and "proceedings in Parliament" is defined in section 13 of the Parliament Act 2025.

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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.

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226: Personation, or

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


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228: Employee may make false or misleading representations about employment, or

"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 12 of the Parliament Act 2025

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

                    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.
                          Compare
                          Notes
                          • Section 227(4) communication: amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).
                          • Section 227(4) proceedings in Parliament: amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).