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Intelligence and Security Act 2017

Consequential amendments

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Changes and rules when the Intelligence and Security Act 2017 started"

Illustration for Intelligence and Security Act 2017

When the Intelligence and Security Act 2017 started, some things changed. You need to know what happened to the people in charge. The person in charge of the Government Communications Security Bureau kept their job. They stayed in that job for a certain time, usually until their term ended or they got a new job offer. The same thing happened to the person in charge of the New Zealand Security Intelligence Service. They also kept their job and stayed in it for a certain time. Other people who had important jobs also kept them, like the Inspector-General of Intelligence and Security. If someone had applied for a special permission before the new Act started, the old rules still applied. This meant that the application was treated as if the old Act was still in place. The old rules also applied to permissions that were already given, like warrants or authorisations. You can find more information about these terms in the Act, such as what a warrant or authorisation means, by looking at the New Zealand Security Intelligence Service Act 1969 or the Government Communications Security Bureau Act 2003. If an inquiry started under the old Act, the new rules applied to the report if it was finished after the new Act started. For example, section 185(4) of the Intelligence and Security Act 2017 applied to these reports. This meant that the report had to follow the new rules, even if the inquiry started before the new Act came into force.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921476.

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335: Consequential amendments, or

"Changes to other laws because of the Intelligence and Security Act 2017"

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Schedule 2: Databases accessible to intelligence and security agencies, or

"What databases intelligence agencies can access"

1Transitional, savings, and related provisions Empowered by s 5

1Provisions relating to this Act as enacted

1Interpretation

  1. In this Part, commencement date means the date on which this Part comes into force.

2Appointment of Director-General of Government Communications Security Bureau

  1. The person who immediately before the commencement date held office as the Director of the Government Communications Security Bureau under the Government Communications Security Bureau Act 2003 continues in that office on and after the commencement date in accordance with subclause (2).

  2. Unless the person resigns or is removed from office or dies, he or she continues to hold office during the period while his or her term of office is unexpired until—

  3. the end of the day that is 6 months after the commencement date; or
    1. the earlier date on which he or she accepts an offer of appointment from, and agrees to employment arrangements with, the State Services Commissioner.

      1. For the purposes of carrying out the functions of the State Services Commissioner under subclause (2)(b), sections 35, 37, and 40(1A) of the State Sector Act 1988 do not apply.

      2. If the person ceases to hold office under subclause (2)(a), no compensation is payable for loss of office.

      3Appointment of Director-General of New Zealand Security Intelligence Service

      1. The person who immediately before the commencement date held office as the Director of Security under the New Zealand Security Intelligence Service Act 1969 continues in that office on and after the commencement in accordance with subclause (2).

      2. Unless the person resigns or is removed from office or dies, he or she continues to hold office during the period while his or her term of office is unexpired until—

      3. the end of the day that is 6 months after the commencement date; or
        1. the earlier date on which he or she accepts an offer of appointment from, and agrees to employment arrangements with, the State Services Commissioner.

          1. For the purposes of carrying out the functions of the State Services Commissioner under subclause (2)(b), sections 35, 37, and 40(1A) of the State Sector Act 1988 do not apply.

          2. If the person ceases to hold office under subclause (2)(a), no compensation is payable for loss of office.

          4Other appointments continued

          1. The person who, immediately before the commencement date, was appointed under section 5(1)(a) of the Inspector-General of Intelligence and Security Act 1996 as Inspector-General of Intelligence and Security continues to hold that office for the unexpired term of his or her appointment as if he or she had been appointed under section 157 of the Intelligence and Security Act 2017.

          2. The person who, immediately before the commencement date, was appointed under section 5(1)(b) of the Inspector-General of Intelligence and Security Act 1996 as Deputy Inspector-General of Intelligence and Security continues to hold that office for the unexpired term of his or her appointment as if he or she had been appointed under section 164 of the Intelligence and Security Act 2017.

          3. A person who, immediately before the commencement date, was appointed under section 15C of the Inspector-General of Intelligence and Security Act 1996 as a member of the advisory panel continues to hold that office for the unexpired term of his or her appointment as if he or she had been appointed under section 169 of the Intelligence and Security Act 2017.

          4. A person continues to hold office under any of subclauses (1) to (3) on the same terms and conditions that applied to that office immediately before the commencement date, unless or until new terms and conditions are set by the Remuneration Authority.

          5Warrants and authorisations

          1. If an application for a warrant or an authorisation has been made under a former Act before the commencement date and the application is not finally determined before that date, the provisions of the former Act continue to apply to the application and to any matter or obligation relating to the application in all respects as if the former Act had not been repealed.

          2. The provisions of a former Act apply to a continuing warrant or authorisation and to any matter relating to the warrant or authorisation in all respects as if the former Act had not been repealed.

          3. In this clause,—

            authorisation means—

            1. an authorisation issued under section 4ID of the New Zealand Security Intelligence Service Act 1969:
              1. an access authorisation issued under section 15A of the Government Communications Security Bureau Act 2003

                continuing warrant or authorisation means a warrant or an authorisation issued under a former Act—

                1. before the commencement date; or
                  1. on or after the commencement date on an application made before that date

                    former Act means—

                    1. the New Zealand Security Intelligence Service Act 1969:
                      1. the Government Communications Security Bureau Act 2003

                        warrant means a warrant of any kind issued under a former Act.

                        6Reports of inquiries commenced under Inspector-General of Intelligence and Security Act 1996

                        1. Section 185(4) of this Act applies to a report in respect of an inquiry that was commenced under the provisions of the Inspector-General of Intelligence and Security Act 1996 if the report is completed after that section comes into force.