Intelligence and Security Act 2017

Miscellaneous provisions - Periodic reviews

236: Appointment of reviewers and related matters

You could also call this:

"The Prime Minister chooses special helpers to review important things and decides what they do and when it's done."

Illustration for Intelligence and Security Act 2017

When a review is done under section 235, the Prime Minister chooses two people, called reviewers, to do the review. You need to know that these reviewers must have a special security clearance, which is like a secret password to access important information, and the Prime Minister decides what level of clearance they need. The Prime Minister also decides what the reviewers should look at during the review.

The Prime Minister tells the reviewers what to do and by when they must finish the review. You should know that the Prime Minister must talk to the Intelligence and Security Committee before making any decisions about the review. The Prime Minister decides the terms of reference, which is like a list of tasks, and any other important matters for the reviewers to consider.

When the reviewers are chosen, the Prime Minister must tell everyone in the Gazette, which is like a special newspaper, who the reviewers are and what they must do. The Gazette will also say what the reviewers must consider and when they must finish the review. This information must be made public as soon as possible after the reviewers are appointed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921282.


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235: Requirement to hold periodic reviews, or

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


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237: Provision of information, or

"People doing a review can ask for and get information to help them from intelligence and security agencies."

Part 7Miscellaneous provisions
Periodic reviews

236Appointment of reviewers and related matters

  1. A review under section 235 must be conducted by 2 persons (reviewers) appointed by the Prime Minister.

  2. The reviewers appointed under subsection (1) must hold a government-sponsored security clearance of a level determined by the Prime Minister.

  3. The Prime Minister must specify—

  4. the terms of reference for the review, which may include any matter relevant to the functions, effectiveness, and efficiency of the intelligence and security agencies and their contribution to national security; and
    1. any matters that he or she considers the reviewers should take into account in determining how to conduct the review; and
      1. the date by which the review is to be concluded.
        1. Before doing anything under this section, the Prime Minister must consult the Intelligence and Security Committee.

        2. The following must be notified in the Gazette as soon as practicable after the appointment of the reviewers:

        3. the persons appointed as reviewers; and
          1. the terms of reference of the review; and
            1. any matters specified in relation to the conduct of the review; and
              1. the date by which the review must be concluded.
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