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Intelligence and Security Act 2017

Miscellaneous provisions - False or misleading representations about employment and identity

228: Employee may make false or misleading representations about employment

You could also call this:

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

Illustration for Intelligence and Security Act 2017

If you work for an intelligence and security agency, you can make a false or misleading statement about your job to keep it a secret. You can do this if you are following the rules of your agency's Director-General. You can make a false statement by not telling someone something or by omitting information. This rule does not apply when you are talking to certain people, such as your agency, the Inspector-General of Intelligence and Security, or a court, and it also does not apply when you are talking to a Minister of the Crown, the Leader of the Opposition, or an Office of Parliament, as defined in section 2(1) of the Public Finance Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921270.

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Part 7Miscellaneous provisions
False or misleading representations about employment and identity

228Employee may make false or misleading representations about employment

  1. An employee of an intelligence and security agency may make a false or misleading representation to any person in connection with any aspect of his or her employment if the representation is made—

  2. for the purpose of keeping secret the fact that he or she is an employee of the agency; and
    1. in accordance with any requirements of the Director-General of the agency.

      1. A false or misleading representation may be made by omitting or failing to disclose information.

      2. This section does not apply to representations made to any of the following:

      3. the intelligence and security agency:
        1. the Inspector-General of Intelligence and Security:
          1. the Intelligence and Security Committee:
            1. a court:
              1. a Minister of the Crown:
                1. the Leader of the Opposition:
                  1. an Office of Parliament (as defined in section 2(1) of the Public Finance Act 1989):
                    1. a chief executive of a department:
                      1. the board of an interdepartmental venture:
                        1. the Chief of Defence Force:
                          1. the Commissioner of Police:
                            1. the Privacy Commissioner:
                              1. a Human Rights Commissioner:
                                1. the Independent Police Conduct Authority.

                                  Notes
                                  • Section 228(3)(ha): inserted, on , by section 135 of the Public Service Act 2020 (2020 No 40).