Intelligence and Security Act 2017

Miscellaneous provisions - Exceptions and immunities

231: Exceptions to Land Transport (Road User) Rule 2004

You could also call this:

"Security workers can ignore some road rules if they're keeping someone safe and follow certain conditions."

Illustration for Intelligence and Security Act 2017

If you work for the New Zealand Security Intelligence Service, you do not break the law against certain parts of the Land Transport (Road User) Rule 2004 if you meet some conditions. You must be watching someone from a vehicle on a public road and think it is necessary to keep watching them. You also need to make sure you do not hurt anyone or damage anything, and that you do not get in the way of others. If you are in this situation, you do not break the law against parts of the Rule that deal with traffic signs and signals, speed limits, or stopping and parking. The law applies even if the Land Transport (Road User) Rule 2004 is replaced with a new law, and it refers to the corresponding parts of the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921274.


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

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


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232: Burden of proof to establish immunity and relationships between immunities, or

"Proving you are protected by a rule in the Intelligence and Security Act 2017"

Part 7Miscellaneous provisions
Exceptions and immunities

231Exceptions to Land Transport (Road User) Rule 2004

  1. An employee of the New Zealand Security Intelligence Service does not commit an offence against the following Parts of the Land Transport (Road User) Rule 2004 (the Rule) if subsection (2) applies:

  2. Part 3 (which sets out requirements about traffic signs and signals):
    1. Part 5 (which relates to speed limits):
      1. Part 6 (which relates to stopping and parking).
        1. This subsection applies if—

        2. the employee is carrying out visual surveillance from a vehicle on a public road; and
          1. the employee who takes the action that would otherwise constitute an offence considers that taking the action is reasonably necessary in order to continue the visual surveillance; and
            1. the employee takes all reasonable steps to ensure that his or her actions do not cause injury or damage, or interfere with any other person.
              1. The references in subsection (1) to Parts of the Rule include references to the corresponding Parts or provisions of any enactment that replaces the Rule.