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Intelligence and Security Act 2017

Authorisations - Offences and immunities

110: Immunities from criminal liability in relation to obtaining intelligence warrant

You could also call this:

"Protection from being charged with a crime when getting a special permission called an intelligence warrant"

Illustration for Intelligence and Security Act 2017

If you are the Director-General of an intelligence and security agency or an employee of one, you are protected from being charged with a crime for doing something to get an intelligence warrant. This protection applies if you honestly believed what you did was necessary to get the warrant and you did it in a reasonable way. You are still protected even if the warrant is later cancelled or found to be invalid. However, this protection does not apply if you are charged with a specific offence under section 106.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118970.

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111: Immunities from criminal liability in relation to carrying out authorised activity, or

"Protection from being charged with a crime when doing something as part of an approved job or activity"

Part 4Authorisations
Offences and immunities

110Immunities from criminal liability in relation to obtaining intelligence warrant

  1. The Director-General of an intelligence and security agency and an employee of an intelligence and security agency are immune from criminal liability for any act done in good faith to obtain an intelligence warrant if—

  2. the Director-General or employee reasonably believed that the act was necessary to obtain the warrant; and
    1. the carrying out of the activity was done in a reasonable manner.

      1. Subsection (1) applies even if the intelligence warrant is subsequently—

      2. revoked; or
        1. determined to have been invalidly issued or given.

          1. Subsection (2)(b) is to avoid doubt.

          2. Subsection (1) does not apply if the Director-General or employee is charged with an offence under section 106.