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Intelligence and Security Act 2017
Miscellaneous provisions
Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet
234: Duty to act independently

Part 1:
Preliminary provisions

3Purpose 4Interpretation 5Transitional, savings, and related provisions 6Act binds the Crown

Part 2:
Intelligence and security agencies

7New Zealand Security Intelligence Service 8Government Communications Security Bureau

Part 3:
Covert activities of intelligence and security agencies

Assumed identities

21Purpose of subpart 22Interpretation 23Assumed identity may be acquired, used, and maintained 24Use of assumed identity 25Request for assistance to acquire, use, and maintain assumed identity 26Assistance to acquire, use, and maintain assumed identity 27Cancellation of evidence of assumed identity 28Provisions do not require destruction of certain information 29Non-compliance with enactments, policies, and practices 30Restrictions on access to information about process for obtaining assistance, etc 31Immunity of persons assisting and of employee of agency in making false documents 32Immunity of authorised persons

Corporate identities

33Purpose of subpart 34Interpretation 35Request for corporate identity, status, etc 36Conferring corporate identity, status, etc 37Maintaining corporate identity, status, or capacity 38Dissolution or deregistration, etc, of entity 39Provisions do not require destruction of certain information 40Non-compliance with enactments, policies, and practices 41Restrictions on access to information about process for obtaining assistance, etc 42Entity or officer exempt from complying with legal requirements, etc 43Immunity of persons complying with request or direction 44Immunity of entity

Register of assumed identities and legal entities created or maintained

45Register of assumed identities and legal entities created or maintained

Part 4:
Authorisations

46Purpose of Part 47Interpretation 48Authorisation not required to carry out lawful activity 49Authorisation required to carry out otherwise unlawful activity 50Duty to act only as authorised 51Request for assistance to give effect to authorisations

Intelligence warrants

Types of intelligence warrants

52Types of intelligence warrant 53Type 1 intelligence warrant 54Type 2 intelligence warrant

Application and issue of intelligence warrants

55Application for issue of intelligence warrant 56Joint application for intelligence warrant 57Issue of Type 1 intelligence warrant 58Issue of Type 1 intelligence warrant to contribute to protection of national security 59Issue of Type 1 intelligence warrant to contribute to New Zealand’s international relations or economic well-being 60Issue of Type 2 intelligence warrant 61Additional criteria for issue of intelligence warrant 62Issue of joint intelligence warrant 63Minister of Foreign Affairs to be consulted in relation to issue of intelligence warrants in certain cases 64Intelligence warrants may be issued subject to restrictions or conditions 65Term of intelligence warrant 66Matters required to be stated in intelligence warrant

Authorised activities and powers

67Authorised activities 68Powers of New Zealand Security Intelligence Service acting under intelligence warrant 69Powers of Government Communications Security Bureau under intelligence warrant 70Privileged communications or privileged information

Urgent intelligence warrants

71Urgent issue of Type 1 intelligence warrant 72Urgent issue of Type 2 intelligence warrant 73Reasons for urgent issue of intelligence warrant to be recorded 74Intelligence warrant issued under section 71 revoked unless confirmed 75Intelligence warrant issued under section 72 revoked unless confirmed 76Information to be destroyed if intelligence warrant issued under section 71 or 72 revoked 77Intelligence warrants issued under section 71 or 72 to be referred to Inspector-General

Authorisations by Director-General of intelligence and security agency

78Very urgent authorisations by Director-General of intelligence and security agency 79Authorisation given under section 78(2)(a) effective as Type 1 intelligence warrant 80Authorisation given under section 78(2)(b) effective as Type 2 intelligence warrant 81Information to be destroyed if authorisation given under section 78 revoked 82Authorisations given under section 78 to be referred to Inspector-General

Register of intelligence warrants

83Register of intelligence warrants

Amendment and revocation of intelligence warrants

84Amendment and revocation of intelligence warrants

Removal warrants

85Issue of removal warrant to retrieve previously installed devices 86Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases 87Powers of New Zealand Security Intelligence Service acting under removal warrant

Practice warrants

88Types of practice warrant 89Testing warrant 90Training warrant 91Application for issue of practice warrant 92Criteria for issue of practice warrant 93Issue of practice warrant 94Minister of Foreign Affairs to be consulted in relation to issue of practice warrants in certain cases 95Practice warrants may be issued subject to restrictions or conditions 96Term of practice warrant 97Matters to be stated in practice warrant 98Authorised activities 99Powers of New Zealand Security Intelligence Service acting under practice warrant 100Powers of Government Communications Security Bureau acting under practice warrant 101Report on practice warrant activities

Unauthorised, irrelevant, and incidentally obtained information

102Destruction of unauthorised information 103Destruction of irrelevant information 104Retention of incidentally obtained information

Return of physical items seized

105Physical items seized to be returned after search or analysis

Offences and immunities

106Offence to provide false or misleading information 107Failure to destroy information 108Unlawful use or disclosure of information 109Unlawful disclosure of acquired information 110Immunities from criminal liability in relation to obtaining intelligence warrant 111Immunities from criminal liability in relation to carrying out authorised activity

Commissioners of Intelligence Warrants

112Appointment of Commissioners 113Eligibility for appointment 114Functions of Commissioners 115Additional functions of Chief Commissioner of Intelligence Warrants 116Delegation of functions of Chief Commissioner of Intelligence Warrants 117Administrative provisions relating to Commissioners

Part 5:
Accessing information held by other agencies

118Interpretation 119Relationship between this Part and other law relating to information disclosure

Request and disclosure of information

120Purpose of subpart 121Requests for information 122Disclosure of information to intelligence and security agency

Register of section 122 certificates

123Register of section 122 certificates

Direct access to database information

124Purpose of subpart 125Direct access to certain information 126Matters to which Ministers must have regard before entering into direct access agreement 127Consultation with Privacy Commissioner before entering into direct access agreement 128Consultation with Inspector-General before entering into direct access agreement 129Content of direct access agreements 130Variation of direct access agreement 131Publication of direct access agreements 132Review of agreements 133Relationship between subpart and other law

Access to restricted information

Obtaining business records of telecommunications network operators and financial service providers

143Purpose of subpart 144Interpretation

Approval to obtain business records

145Application for approval to obtain business records 146Joint application for approval 147Approval to obtain business records 148Duration of approval 149Amendment and revocation of approvals

Issue of business records direction

150Director-General of intelligence and security agency may issue business records direction 151Compliance with business records direction 152Business records to be destroyed if not required by intelligence and security agency

Register of business records directions

153Register of business records directions 154Subpart does not create any new obligation to create or maintain records

Relationship with other law

155Relationship between subpart and other law

Part 6:
Oversight of intelligence and security agencies

156Purpose of Part

Inspector-General of Intelligence and Security

Appointment, functions, duties, and powers of Inspector-General

157Appointment of Inspector-General 158Functions of Inspector-General 159Inspector-General to prepare and publish annual work programme 160Disclosures to Inspector-General or Deputy Inspector-General 161Consultation by Inspector-General 162Jurisdiction of courts and other agencies not affected 163Reviews relating to authorisations and authorised activities

Appointment, functions, duties, and powers of Deputy Inspector-General

164Appointment of Deputy Inspector-General 165Functions, duties, and powers of Deputy Inspector-General

Administrative provisions

166Administrative provisions relating to offices of Inspector-General and Deputy Inspector-General

Advisory panel

167Advisory panel 168Functions of advisory panel 169Membership of advisory panel 170Administrative provisions relating to advisory panel

Complaints

171Complaints that may be made to Inspector-General 172Form of complaint 173Procedure on receipt of complaint 174Inspector-General may decide not to inquire or continue to inquire into complaint

Procedure for inquiries

175Commencing of inquiry 176Evidence 177Evidence of breach of duty or misconduct by employee of intelligence and security agency 178Power to summon persons 179Power to require information and documents 180Disclosure of information may be required despite obligation of secrecy 181Protection and privileges of witnesses 182Information disclosed to Inspector-General privileged 183Inspector-General, etc, not compellable witnesses 184Power of entry

Procedure on completion of inquiry

185Inspector-General to prepare report on completion of inquiry 186Advice on compliance with Inspector-General’s recommendations 187Minister to respond to Inspector-General’s report 188Publication of Inspector-General’s report 189Return of documents, etc, after inquiry 190Proceedings not to be questioned or reviewed 191Offence to publish information relating to inquiry

Intelligence and Security Committee

Continuation of Intelligence and Security Committee

192Intelligence and Security Committee 193Functions of Committee 194Membership of Committee 195Filling vacancy in membership of Committee 196Endorsement of nominated members 197Committee not to transact business until nominated members endorsed 198Chairperson of Committee 199Privilege 200Administrative provisions relating to Committee

Evidence

201Attendance before Committee 202Meaning of sensitive information 203Provision of information to Committee 204Secrecy of information disclosed to Committee 205Committee’s records may be copied to House of Representatives

Part 7:
Miscellaneous provisions

Ministerial policy statements

206Issue of ministerial policy statements 207Issue of ministerial policy statements relating to co-operating, etc, with overseas public authorities 208Issue of additional ministerial policy statements 209Effect of ministerial policy statement 210Content of ministerial policy statements 211Consultation on proposed ministerial policy statements 212Amending, revoking, or replacing ministerial policy statements 213Ministerial policy statements applying to both intelligence and security agencies 214Duration of ministerial policy statement 215Publication of ministerial policy statements 216Status of ministerial policy statements

Security records

217Powers in relation to security records 218Disclosure of information relating to activities of intelligence and security agency

Confidentiality

219Duty of confidentiality

Security clearance information

220Use of information provided for security clearance assessment

Annual reports

221Annual reports of intelligence and security agencies 222Annual report of Inspector-General 223Annual report of Intelligence and Security Committee 224Restrictions on reports to House of Representatives

Offences

225Obstructing, hindering, resisting, or deceiving Inspector-General 226Personation 227Restriction on publication and broadcasting of information regarding employees

False or misleading representations about employment and identity

228Employee may make false or misleading representations about employment 229Protections relating to representations about identity

Exceptions and immunities

230Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances 231Exceptions to Land Transport (Road User) Rule 2004 232Burden of proof to establish immunity and relationships between immunities

Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet

233Functions of Chief Executive of DPMC in relation to intelligence and assessments 234Duty to act independently

Periodic reviews

235Requirement to hold periodic reviews 236Appointment of reviewers and related matters 237Provision of information 238Report of reviewers 239Remuneration of reviewers 240Provision of administrative and other support 241Reviewers to determine own procedure

Part 8:
Repeals and amendments

Repeals

242Repeals

Amendments to Biosecurity Act 1993

243Amendments to Biosecurity Act 1993 244Section 142I amended (Disclosure of personal information in New Zealand)

Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995

245Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995 246Section 2 amended (Interpretation)247Section 65 amended (Request for new identity information for certain witnesses, etc)248Section 75F amended (Searches for certain authorised purposes)249Section 78 amended (Restrictions on searches relating to new names of certain witnesses, etc)

Amendments to Corrections Act 2004

250Amendments to Corrections Act 2004 251Section 3 amended (Interpretation)252Section 117 amended (Authorised disclosure of information)

Amendments to Crimes Act 1961

253Amendments to Crimes Act 1961 254New section 78AA inserted (Wrongful communication, retention, or copying of classified information)255Section 78B amended (Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information)

Amendments to Customs and Excise Act 1996

256Amendments to Customs and Excise Act 1996 257Section 280M replaced (Direct access to database information for counter-terrorism investigation purposes)258New section 293A inserted (Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017)

Amendment to Education Act 1989

259Amendment to Education Act 1989 260Section 346 amended (Offences)

Amendment to Electronic Identity Verification Act 2012

261Amendment to Electronic Identity Verification Act 2012 262Section 12 amended (Exception to section 11 for certain individuals with new identity information)

Amendment to Employment Relations Act 2000

263Amendment to Employment Relations Act 2000 264New section 172A inserted (Reports from Inspector-General of Intelligence and Security)

Amendments to Immigration Act 2009

265Amendments to Immigration Act 2009 266Section 3 amended (Purpose)267Section 4 amended (Interpretation)268Section 9A amended (Meaning of mass arrival group)269Section 29 amended (Automated decision making in advance passenger processing)270Section 96 replaced (Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand)271Section 97 amended (Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand)272New section 97A inserted (Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand)273Section 101 amended (Obligations in relation to craft en route to or arriving in New Zealand)274Section 102 amended (Obligations of carriers, and persons in charge, of craft to provide information)275Section 303 amended (Disclosure of information to enable specified agencies to check identity and character)276New sections 303A to 303C inserted 277Section 349 amended (Offences relating to carriers, and persons in charge, of craft)278Section 366 amended (Evidence in proceedings: certificates in relation to persons)279Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand)

Amendments to Land Transport Act 1998

280Amendments to Land Transport Act 1998 281Section 24A amended (Authorised persons may request driver licences for certain persons)282Section 200 amended (Restrictions on access to photographic images of driver licence holders)

Amendments to Passports Act 1992

283Amendments to Passports Act 1992 284Section 2 amended (Interpretation)285Section 4 amended (Issue of passport)286Section 4A repealed (Refusal to issue passport on grounds of national security)287Section 8A repealed (Cancellation of passport on grounds of national security)288Section 9 amended (Cancellation of passport on other grounds)289Section 11 amended (Delivery of recalled passport)290Section 11A amended (Warnings on New Zealand travel document database)291Section 20 amended (Cancellation of certificate of identity)292Section 20A repealed (Cancellation of certificate of identity on grounds of national security)293Section 22 amended (Delivery of recalled certificate of identity)294Section 23 amended (Issue of emergency travel document)295Section 25 amended (Cancellation of emergency travel document)296Section 25A repealed (Cancellation of emergency travel document on grounds of national security)297Section 27 amended (Delivery of recalled emergency travel document)298Section 27A amended (Issue of refugee travel document)299Section 27B repealed (Refusal to issue refugee travel document on grounds of national security)300Section 27D amended (Cancellation of refugee travel document)301Section 27E repealed (Cancellation of refugee travel document on grounds of national security)302Section 27G amended (Delivery of recalled refugee travel document)303New sections 27GA to 27GF and cross-heading inserted 304Section 27I amended (Electronic cancellation of New Zealand travel documents)305Section 28 amended (Appeal to High Court)306Section 29 amended (Appeal to Court of Appeal in certain cases)307Cross-heading above section 29AA replaced 308Section 29AA amended (Proceedings where national security involved)309Section 29AB amended (Proceedings involving classified security information)310New section 37B inserted (Crown liability)311Section 46 repealed (Transitional provision)

Amendments to Privacy Act 1993

312Amendments to Privacy Act 1993 313Section 2 amended (Interpretation)314Section 6 amended (Information privacy principles)315Section 57 replaced (Intelligence organisations)316Cross-heading above section 81 amended 317Section 81 replaced (Special procedure relating to intelligence organisations)

Amendments to Protected Disclosures Act 2000

318Amendments to Protected Disclosures Act 2000 319Section 3 amended (Interpretation)320Sections 12 and 13 replaced

Amendments to Public Finance Act 1989

321Amendments to Public Finance Act 1989 322Section 2 amended (Interpretation)323Section 15A amended (Main Appropriation Bill: supporting information relating to appropriations)324Section 45E amended (Application of this Part to intelligence and security departments)

Amendment to Remuneration Authority Act 1977

325Amendment to Remuneration Authority Act 1977 326Schedule 4 amended

Amendments to Search and Surveillance Act 2012

327Amendments to Search and Surveillance Act 2012 328Subpart 8 heading in Part 2 amended 329Section 25 amended (Warrantless searches if offence against section 78 of Crimes Act 1961 suspected)

Amendments to State Sector Act 1988

330Amendments to State Sector Act 1988 331Section 44 amended (Special provisions in relation to certain chief executives)332Schedule 1 amended

Amendment to Tax Administration Act 1994

333Amendment to Tax Administration Act 1994 334Section 81 amended (Officers to maintain secrecy)

Consequential amendments

335Consequential amendments

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Databases accessible to intelligence and security agencies

Schedule 3:
Administrative provisions

Schedule 4:
Consequential amendments

Intelligence and Security Act 2017

Miscellaneous provisions - Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet

234: Duty to act independently

You could also call this:

"Make decisions on your own without others telling you what to do"

Illustration for Intelligence and Security Act 2017

When it comes to certain jobs, you have to act on your own. The Chief Executive of the Department of the Prime Minister and Cabinet chooses an employee to do these jobs, which are listed in section 233. This employee must make decisions without being influenced by others.

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This page was last updated on 3 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921279.

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233: Functions of Chief Executive of DPMC in relation to intelligence and assessments, or

"The boss of the DPMC is in charge of jobs about secret information and keeping New Zealand safe."

235: Requirement to hold periodic reviews, or

"Regular checks on spy agencies and their laws must happen every 5 to 7 years."

Part 7Miscellaneous provisions
Intelligence functions of Chief Executive of Department of the Prime Minister and Cabinet

234Duty to act independently

In matters relating to functions specified in section 233, the employee designated by the Chief Executive of the DPMC must act independently.