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Intelligence and Security Act 2017

Authorisations - Intelligence warrants - Application and issue of intelligence warrants

58: Issue of Type 1 intelligence warrant to contribute to protection of national security

You could also call this:

"Government can issue a special warrant to help keep New Zealand safe from harm"

Illustration for Intelligence and Security Act 2017

The government can issue a special warrant to help keep New Zealand safe. You need to know that this warrant is called a Type 1 intelligence warrant. It can be issued if the Minister and a Commissioner of Intelligence Warrants agree that it will help protect national security.

They must also agree that the warrant will help identify or stop certain harms, such as terrorism or sabotage. These harms are listed in the law and include things like espionage, proliferation of weapons of mass destruction, and threats to important information. You can find more information about the criteria for issuing this warrant in section 61.

The government wants to protect New Zealand from things like terrorism, espionage, and sabotage. They also want to stop the proliferation of weapons of mass destruction and threats to important information. You should be aware that the law lists many specific things that the government wants to protect New Zealand from, including threats to international security and the sovereignty of New Zealand.

The Minister and the Commissioner must consider all these things before they issue a Type 1 intelligence warrant. They must be satisfied that the warrant will help protect national security and stop certain harms. The warrant can only be issued if they agree that it meets the criteria listed in the law, including the additional criteria in section 61 and the specific harms listed, such as those mentioned in section 79 of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118931.

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

58Issue of Type 1 intelligence warrant to contribute to protection of national security

  1. A Type 1 intelligence warrant may be issued to the Director-General of an intelligence and security agency if the authorising Minister and a Commissioner of Intelligence Warrants are satisfied—

  2. that the issue of the Type 1 intelligence warrant will enable the intelligence and security agency to carry out an activity that—
    1. is necessary to contribute to the protection of national security; and
      1. identifies, enables the assessment of, or protects against any of the harms specified in subsection (2); and
      2. that the additional criteria in section 61 are met.

        1. The harms referred to in subsection (1)(a)(ii) are—

        2. terrorism or violent extremism:
          1. espionage or other foreign intelligence activity that—
            1. is directed at a New Zealand interest (whether or not that interest is in New Zealand):
              1. is carried out by a person who is a New Zealand citizen or permanent resident of New Zealand (whether or not that person is in New Zealand):
                1. occurs in New Zealand (whether or not directed at a New Zealand interest):
                2. sabotage (within the meaning of section 79 of the Crimes Act 1961):
                  1. proliferation of weapons of mass destruction:
                    1. anything that may be relevant to serious crime and that—
                      1. originates outside New Zealand or is influenced from outside New Zealand; or
                        1. involves the movement of money, goods, or people—
                          1. within a country outside New Zealand; or
                            1. from a country outside New Zealand to New Zealand or to any other country; or
                            2. has the potential to damage New Zealand’s international relations or economic well-being:
                            3. threats to, or interference with, information (including communications) or information infrastructure of importance to the Government of New Zealand:
                              1. threats to—
                                1. international security that have the potential to impact adversely on New Zealand’s interests:
                                  1. the operations of the Government of New Zealand:
                                    1. the sovereignty of New Zealand, including New Zealand’s territorial and border integrity and its right to manage or control its natural resources.