Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Application and issue of intelligence warrants

55: Application for issue of intelligence warrant

You could also call this:

"Asking for a special permission called an intelligence warrant"

Illustration for Intelligence and Security Act 2017

When you want to get an intelligence warrant, the Director-General of an intelligence and security agency must write an application. The application must say what type of warrant is being applied for. It must also describe the activity that will be done under the warrant and explain why the application is being made. The Director-General must confirm that all the information in the application is true and correct.

If you are applying for a Type 1 intelligence warrant, the application must be sent to the authorising Minister and the Chief Commissioner of Intelligence Warrants. For a Type 2 intelligence warrant, the application must be sent to the authorising Minister. The application is an important step in getting an intelligence warrant.

You need to follow these steps to make a proper application for an intelligence warrant, and the Director-General is responsible for making sure the application is complete and accurate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118930.


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"A special permit for spy agencies to do something normally against the law"


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56: Joint application for intelligence warrant, or

"Two security bosses can apply together for a special permission"

Part 4Authorisations
Intelligence warrants: Application and issue of intelligence warrants

55Application for issue of intelligence warrant

  1. An application for the issue of an intelligence warrant must be made in writing by the Director-General of an intelligence and security agency and—

  2. state the type of intelligence warrant applied for; and
    1. set out details of the activity proposed to be carried out under the warrant; and
      1. set out the grounds on which the application is made (including the reasons why the legal requirements for issuing the warrant are believed to be satisfied); and
        1. contain a statement in which the Director-General making the application confirms that all of the information set out in the application is true and correct.
          1. An application for a Type 1 intelligence warrant must be made to—

          2. the authorising Minister; and
            1. the Chief Commissioner of Intelligence Warrants.
              1. An application for a Type 2 intelligence warrant must be made to the authorising Minister.