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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Protected Disclosures Act 2000

320: Sections 12 and 13 replaced

You could also call this:

"Important rules for keeping secrets have been updated for organisations that handle sensitive information."

Illustration for Intelligence and Security Act 2017

When you look at the law about protected disclosures, you will see that sections 12 and 13 have been replaced. These new sections are about how organisations that deal with intelligence and security, or international relations, should handle disclosures of information. You can find the old sections 12 and 13 in the Protected Disclosures Act 2000 or more specifically section 12 and section 13.

The new section 12 is about organisations that have access to classified information or information about intelligence and security agencies. These organisations must have rules that say who can see this information and who it can be shared with. The rules must also say that employees should get guidance from the Inspector-General of Intelligence and Security if they want to disclose information.

The new section 13 is about organisations that deal with international relations, like the Department of the Prime Minister and Cabinet or the Ministry of Foreign Affairs and Trade. These organisations must have rules that say how information about international relations can be disclosed. The rules must also say that employees should get guidance from an Ombudsman if they want to disclose information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921454.

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319: Section 3 amended (Interpretation), or

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Part 8Repeals and amendments
Amendments to Protected Disclosures Act 2000

320Sections 12 and 13 replaced

  1. Replace sections 12 and 13 with:

    12Special rules on procedures of organisations relating to intelligence and security matters

    1. This section applies to—

    2. an intelligence and security agency; and
      1. any other organisation in the public sector that holds or has access to—
        1. classified information; or
          1. information relating to the activities of an intelligence and security agency.

          2. An organisation to which this section applies must have internal procedures that—

          3. provide that the persons to whom a disclosure of information described in subsection (1)(b) may be made must be persons holding an appropriate security clearance and be authorised to have access to the information; and
            1. state that the only appropriate authority to whom information described in subsection (1)(b) may be disclosed is the Inspector-General of Intelligence and Security; and
              1. invite any employee who has disclosed, or is considering the disclosure of, information described in subsection (1)(b) under this Act to seek information and guidance from the Inspector-General of Intelligence and Security, and not from an Ombudsman; and
                1. state that no disclosure of information described in subsection (1)(b) may be made to an Ombudsman or to a Minister of the Crown other than—
                  1. the Minister responsible for an intelligence and security agency; or
                    1. the Prime Minister.

                    13Special rules on procedures of certain organisations relating to international relations

                    1. This section applies to the internal procedures of the following agencies to the extent that those procedures relate to the disclosure of information (other than classified information) concerning the international relations of the Government of New Zealand:

                    2. the Department of the Prime Minister and Cabinet; and
                      1. the Ministry of Foreign Affairs and Trade; and
                        1. the Ministry of Defence; and
                          1. the New Zealand Defence Force.

                            1. The internal procedures must—

                            2. state that the only appropriate authority to whom information may be disclosed is an Ombudsman; and
                              1. invite any employee who has disclosed, or is considering the disclosure of, information under this Act to seek information and guidance from an Ombudsman; and
                                1. state that no disclosure may be made to a Minister of the Crown other than—
                                  1. the Prime Minister; or
                                    1. the Minister responsible for foreign affairs and trade.