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Intelligence and Security Act 2017

Authorisations - Removal warrants

87: Powers of New Zealand Security Intelligence Service acting under removal warrant

You could also call this:

"What the New Zealand Security Intelligence Service can do when removing a tracking device"

Illustration for Intelligence and Security Act 2017

If you are the Director-General of Security or an employee of the New Zealand Security Intelligence Service, you can do certain things to carry out a removal warrant. You can enter a place, vehicle, or thing to remove a device or equipment. You can take possession of a vehicle or thing that has the device or equipment. You can search a place, vehicle, or thing to find the device or equipment.

You can remove a tracking device, open or interfere with a vehicle or container, and bring in equipment to help you. You can use any equipment you find and extract electricity from a place or thing if you need to. You can use force to remove the device or equipment, but only if it is reasonable.

You can do things to keep your activities secret, like hiding what you have done, and take any other reasonable action to achieve the purpose of the warrant, as seen in the related legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118937.

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Crime and justice > Police and safetyGovernment and voting > Government departments
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86: Minister of Foreign Affairs to be consulted in relation to issue of removal warrants in certain cases, or

"Government must consult Minister of Foreign Affairs before issuing removal warrants that affect New Zealand's relationships with other countries."

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88: Types of practice warrant, or

"There are two kinds of practice warrants: testing and training warrants."

Part 4Authorisations
Removal warrants

87Powers of New Zealand Security Intelligence Service acting under removal warrant

  1. The Director-General of Security, or an employee of the New Zealand Security Intelligence Service authorised by the Director-General for that purpose, may exercise any of the following powers to give effect to the removal warrant:

  2. enter the place, vehicle, or thing that the device or equipment to be removed under the warrant is in or on:
    1. take possession of any vehicle or thing that the device or equipment to be removed under the warrant is in or on:
      1. search any place, vehicle, or thing that the device or equipment to be removed under the warrant is in or on:
        1. remove a tracking device:
          1. open (by any means) or interfere with a vehicle, container, receptacle, or other thing:
            1. bring into and use in or on a place, vehicle, or other thing referred to in any of paragraphs (a) to (c) any equipment:
              1. use any equipment found in or on a place, vehicle, or thing referred to in any of paragraphs (a) to (c):
                1. extract and use, in the course of giving effect to the removal warrant, any electricity from a place or thing:
                  1. use any force in respect of any property or thing that is reasonable for the purpose of giving effect to the removal warrant:
                    1. do any act that is reasonable in the circumstances and reasonably required to conceal the fact that anything has been done under the warrant and to keep the activities of the intelligence and security agency covert:
                      1. do any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.

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