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Intelligence and Security Act 2017

Authorisations - Practice warrants

92: Criteria for issue of practice warrant

You could also call this:

"Rules for getting a special permission called a practice warrant"

Illustration for Intelligence and Security Act 2017

To get a practice warrant, you need to meet some criteria. The agency doing the activity must need to do it to perform its job properly in the future. The activity must be proportionate to its purpose.

You must also be able to say that the purpose cannot be achieved in a less intrusive way. There must be arrangements to minimise the impact on the public and only do what is necessary. Any information obtained must be kept only for as long as necessary to achieve the purpose.

The agency must take all reasonable steps to reduce the impact on the public. It must not do more than it needs to, to achieve its purpose. It must keep information obtained for the shortest time possible to achieve its purpose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118945.

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Part 4Authorisations
Practice warrants

92Criteria for issue of practice warrant

  1. The criteria for the issue of a practice warrant are—

  2. the carrying out of the otherwise unlawful activity (the proposed activity) by an intelligence and security agency is reasonably necessary to ensure that the agency will be able to competently perform its statutory functions in the future; and
    1. the proposed activity is proportionate to the purpose for which it is to be carried out; and
      1. the purpose of the proposed activity cannot reasonably be achieved by a less intrusive means; and
        1. there are satisfactory arrangements in place to ensure that—
          1. all reasonably practicable steps will be taken to minimise the impact of the proposed activity on any members of the public; and
            1. nothing will be done in reliance on the practice warrant beyond what is necessary and reasonable to achieve the purpose of the proposed activity; and
              1. any information obtained in reliance on the practice warrant will be retained only for so long as is necessary to achieve the purpose of the proposed activity.