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Intelligence and Security Act 2017

Miscellaneous provisions - Exceptions and immunities

230: Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances

You could also call this:

"Getting secret information without permission is not a crime in certain situations for intelligence and security workers"

Illustration for Intelligence and Security Act 2017

If you work for an intelligence and security agency, you do not break the law under section 246 of the Crimes Act 1961 if you get information from someone without asking for it. You must not think the information was obtained using torture or by abusing human rights.

You are allowed to get this information if it was not planned in advance and could not have been approved by an intelligence warrant.

If you get information in these circumstances, you must keep it secret unless the person you tell is allowed to know it. You can write a report using the information and share it with another agency if you are doing your job properly under section 10 or section 11.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921273.

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Part 7Miscellaneous provisions
Exceptions and immunities

230Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances

  1. An employee does not commit an offence against section 246 of the Crimes Act 1961 (which relates to receiving) if—

  2. the employee receives unsolicited information from another person; and
    1. the employee has no reason to believe that the information has been obtained through the use of torture or any other abuse of human rights.

      1. Subsection (1) does not apply if it is proposed in advance to obtain information (whether or not on a continuing basis) and the obtaining of that information could have been authorised by an intelligence warrant.

      2. An intelligence and security agency that obtains information in circumstances where subsection (1) applies—

      3. must not disclose that information to another entity unless that entity is otherwise lawfully authorised to receive it; but
        1. may prepare a report using that information and, in the performance of its function under section 10 or 11, may disseminate that report to another agency.