Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Register of assumed identities and legal entities created or maintained

45: Register of assumed identities and legal entities created or maintained

You could also call this:

"List of secret identities and fake companies used by spy agencies"

Illustration for Intelligence and Security Act 2017

The Director-General of an intelligence and security agency must keep a record of fake identities and companies created by the agency. You can think of a fake identity like a pretend name and backstory that someone uses to hide who they really are. The record must include details about each fake identity, like who is using it and why. It must also include information about companies the agency creates, like what the company does and who is in charge of it.

The agency must keep track of when they ask other agencies for help with a fake identity, and what they ask for. They must also keep track of when they give directions to other agencies about fake identities or companies. The Director-General must keep all this information in the record, and it can be looked at anytime by the Minister in charge of the agency or the Inspector-General.

The Minister and Inspector-General can check the record to make sure the agency is following the rules. The record is an important tool for keeping track of what the agency is doing, and for making sure they are being honest and transparent.

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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=DLM7118922.

Topics:

Crime and justice > Police and safetyGovernment and voting > Government departmentsRights and equality > Privacy

44: Immunity of entity, or

"Protection for people working in organisations with special legal status"

46: Purpose of Part, or

"Rules for spy agencies to follow when doing special jobs"

Part 3Covert activities of intelligence and security agencies
Register of assumed identities and legal entities created or maintained

45Register of assumed identities and legal entities created or maintained

The Director-General of an intelligence and security agency must keep a register of assumed identities acquired, and legal entities created or maintained, under this Part by the agency.
The register must include,—
for each authorisation given by the Director-General under section 23, details of—
1. the assumed identity that was being acquired (or that had been acquired) for the authorised person; and
2. the scope of the authorisation; and
3. the person who was authorised to acquire, maintain, or use the assumed identity; and
4. each false document for use in supporting the use or maintenance of the assumed identity that was created under section 23(3); and
for each request for assistance under section 25, details of—
1. the date of the request and of the agency to which the request was made; and
2. the authorised person to whom the request relates; and
3. the assumed identity that was being acquired (or that had been acquired) for the authorised person; and
4. the assistance that was sought from the agency; and
5. the specific evidence of the assumed identity that the agency was requested to issue or give; and
6. whether the agency granted or refused the request; and
for each direction given under section 27, details of—
1. the date of the direction and of the agency to which the direction was given; and
2. the assumed identity to which the direction relates; and
3. the evidence that was required to be cancelled and the manner of cancellation that is set out in the direction; and
for each request made under section 35, details of—
1. the date of the request and of the agency to which the request was made; and
2. the entity or proposed entity that was the subject of the request; and
3. the action that the agency was requested to take in respect of the entity or proposed entity; and
4. whether the agency granted or refused the request; and
for each request made under section 37, details of—
1. the date of the request and of the agency to which the request was made; and
2. the entity or proposed entity that was the subject of the request; and
3. the action that the agency was requested to take in respect of the entity or proposed entity; and
4. whether the agency granted or refused the request; and
for each direction given under section 38, details of—
1. the date of the direction and of the agency to which the direction was given; and
2. the entity to which the direction relates; and
3. the steps required to be taken and the manner of taking those steps that is set out in the direction; and
for each request made under section 42, details of—
1. the date of the request and of the agency to which the request was made; and
2. the entity that was the subject of the request; and
3. each officer to whom the exemption relates (if any); and
4. the exemption that the agency was requested to grant; and
5. whether the agency granted or refused the request; and
6. the terms and conditions of the exemption that was granted (if any).

All information required to be kept under this section by the Director-General of an intelligence and security agency may be accessed at any time by—
the Minister responsible for the intelligence and security agency:
the Inspector-General.