Intelligence and Security Act 2017

Accessing information held by other agencies - Obtaining business records of telecommunications network operators and financial service providers

144: Interpretation

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"What words mean in the Intelligence and Security Act 2017"

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When you are reading about accessing information held by other agencies, you need to know what some words mean. A business agency can be a telecommunications network operator or a financial service provider. You can find out what a financial service provider is by looking at section 4 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

Business records are information that business agencies have about their customers. For a telecommunications network operator, this includes things like customer names, contact details, and bank account numbers. It also includes information about the devices customers use and the websites they visit, but it does not include the content of their communications or web browsing history.

For a financial service provider, business records include customer information, bank account details, and transaction information. It does not include personal information about the provider's employees or the content of communications. You can find out more about what telecommunications and telecommunications network operators are by looking at section 3 of the Telecommunications (Interception Capability and Security) Act 2013.

An approval is when someone is allowed to get business records from a business agency under section 147. A business records direction is when someone is told to get business records under section 150. Traffic data is explained in section 3AB of the Telecommunications (Interception Capability and Security) Act 2013.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118990.


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143: Purpose of subpart, or

"Getting information from phone, internet, and bank companies to help keep New Zealand safe"


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145: Application for approval to obtain business records, or

"Asking to see business records for a good reason"

Part 5Accessing information held by other agencies
Obtaining business records of telecommunications network operators and financial service providers

144Interpretation

  1. In this subpart, unless the context otherwise requires,—

    approval means an approval given under section 147 to obtain business records from business agencies

      business agencies means—

      1. telecommunications network operators:
        1. financial service providers

          business records means,—

          1. in relation to a business agency that is a telecommunications network operator, all information in the possession or under the control of the telecommunications network operator that is generated or received in the course of the operator’s business,—
            1. including—
              1. customer information (for example, names and contact details):
                1. subscriber information (for example, names and contact details):
                  1. bank account number details:
                    1. credit card number details:
                      1. IP addresses:
                        1. billing information and records:
                          1. traffic data (within the meaning of section 3AB of the Telecommunications (Interception Capability and Security) Act 2013):
                            1. device-related information:
                              1. details of mobile data usage:
                                1. information on linked accounts:
                                  1. details of any persons communicating with the network operator; but
                                  2. excluding—
                                    1. personal information about the network operator’s employees and directors:
                                      1. the content of telecommunications:
                                        1. any information relating to the business operations of the network operator (including finances, budgets, plans, and strategies):
                                          1. the content of any other communications or files held by the network operator in providing any service to a customer (for example, cloud storage servers or insurance):
                                            1. web browsing history:
                                          2. in relation to a business agency that is a financial service provider, all information in the possession or under the control of the financial service provider that is generated or received in the course of the provider’s business,—
                                            1. including—
                                              1. customer information (for example, names and contact details):
                                                1. bank account number details:
                                                  1. credit card number details:
                                                    1. statement and account information:
                                                      1. transaction information and other information related to a specific account; but
                                                      2. excluding—
                                                        1. personal information about the provider’s employees and directors:
                                                          1. the content of communications:
                                                            1. any information relating to the business operations of the financial service provider (including finances, budgets, plans, and strategies):
                                                              1. the content of any other communications or files held by the financial service provider in providing any service to a customer (for example, cloud storage servers or insurance)

                                                            business records direction means a direction issued under section 150

                                                              financial service provider has the meaning given to it by section 4 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008

                                                                telecommunication has the meaning given to it by section 3 of the Telecommunications (Interception Capability and Security) Act 2013

                                                                  telecommunications network operator means a network operator as defined in section 3 of the Telecommunications (Interception Capability and Security) Act 2013.

                                                                  Notes
                                                                  • Section 144 business records paragraph (a)(i)(G): amended, on , by section 57 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                                                                  • Section 144 telecommunication: replaced, on , by section 40 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                                                                  • Section 144 telecommunications network operator: amended, on , by section 40 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).