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Intelligence and Security Act 2017

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

151: Compliance with business records direction

You could also call this:

"Follow the rules when you get a notice to share your business records"

Illustration for Intelligence and Security Act 2017

If you get a business records direction, you must follow it within 30 days of receiving it, or at a later time allowed by the Director-General. You can be in trouble if you do not follow the direction without a good reason. If you break the rules, you can be punished, such as being imprisoned for up to one year if you are an individual, or fined up to $40,000 if you are a company. You still have to follow the direction even if the approval that allowed it to be issued has expired. The rules about business records directions are similar to rules in the Public Records Act 2005 which was referenced in the 2012 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=DLM7119017.

Topics:
Business > Industry rulesMoney and consumer rights > Consumer protection
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150: Director-General of intelligence and security agency may issue business records direction, or

"Spy boss can ask businesses for certain records to help keep New Zealand safe"

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152: Business records to be destroyed if not required by intelligence and security agency, or

"Destroy business records if spy agencies don't need them"

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

151Compliance with business records direction

  1. A business agency to which a business records direction is issued must comply with the direction not later than 30 days after receiving it, or comply at any later time permitted by the Director-General who issued the request.

  2. A business agency commits an offence if the agency, without reasonable excuse, fails to comply with a business records direction.

  3. A business agency who commits an offence against subsection (2) is liable on conviction,—

  4. in the case of an individual, to imprisonment for a term not exceeding 1 year:
    1. in the case of a body corporate, to a fine not exceeding $40,000.

      1. Subsection (1) applies despite the expiry of the approval under which the direction was issued.

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