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Intelligence and Security Act 2017

Repeals and amendments - Amendment to Employment Relations Act 2000

264: New section 172A inserted (Reports from Inspector-General of Intelligence and Security)

You could also call this:

"The Inspector-General of Intelligence and Security must write a report to help decide about someone's security clearance."

Illustration for Intelligence and Security Act 2017

If a matter comes before the Authority and it is about a security clearance, you need to know that a special report might be needed. This happens when the New Zealand Security Intelligence Service has made a recommendation about someone's security clearance under section 11 of the Intelligence and Security Act 2017, and the Inspector-General of Intelligence and Security has not already prepared a report on it. The Authority will ask the Inspector-General of Intelligence and Security to prepare this report. The Inspector-General of Intelligence and Security will then prepare and give the report to the Authority as soon as possible.

You should be aware that the Authority must give the Inspector-General of Intelligence and Security all the relevant documents they have, so the Inspector-General can prepare the report. The people involved in the matter are allowed to get a copy of the report and tell the Authority what they think about it. The Authority must consider the report before making a decision on the matter.

The Inspector-General of Intelligence and Security is a special person who looks at how the intelligence and security services are working, and they are appointed under section 157 of the Intelligence and Security Act 2017. The New Zealand Security Intelligence Service is a government agency that is in charge of looking after New Zealand's security, and it was set up under section 7 of the Intelligence and Security Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921334.

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"Changes to the Employment Relations Act 2000 law"

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Part 8Repeals and amendments
Amendment to Employment Relations Act 2000

264New section 172A inserted (Reports from Inspector-General of Intelligence and Security)

  1. After section 172, insert:

    172AReports from Inspector-General of Intelligence and Security

    1. This section applies if—

    2. any matter that comes before the Authority relates to or arises from a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017 about whether an individual should be granted a security clearance; and
      1. a report on the recommendation has not previously been prepared by the Inspector-General of Intelligence and Security under section 185 of that Act.

        1. The Authority must request the Inspector-General of Intelligence and Security to prepare a report on the recommendation made by the New Zealand Security Intelligence Service.

        2. As soon as practicable after receiving a request under subsection (2), the Inspector-General of Intelligence and Security must prepare and provide a report to the Authority.

        3. To enable the Inspector-General of Intelligence and Security to prepare a report, the Authority must provide to the Inspector-General all relevant documents within its possession or under its control.

        4. The parties are entitled—

        5. to receive a copy of the report; and
          1. to make submissions on it to the Authority.

            1. The Authority must have regard to the report prepared by the Inspector-General of Intelligence and Security before making a determination on the matter.

            2. In this section,—

              Inspector-General of Intelligence and Security means the Inspector-General of Intelligence and Security holding office under section 157 of the Intelligence and Security Act 2017

                New Zealand Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7 of the Intelligence and Security Act 2017.