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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

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

You could also call this:

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

Illustration for Intelligence and Security Act 2017

If you get business records because of a direction, you must destroy them as soon as you can if the intelligence and security agency does not need them. You have to destroy the records when the agency no longer needs them to do its job. This rule does not apply if another law says you must keep the information in the records, or if a court orders you not to destroy the information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7119018.

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151: Compliance with business records direction, or

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

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153: Register of business records directions, or

"A list of orders given to businesses by spy agencies, and what happened next."

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

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

  1. All business records obtained by a Director-General of an intelligence and security agency under a business records direction must be destroyed as soon as practicable if the records are not required, or are no longer required, by the agency for the performance of its functions.

  2. Subsection (1) is subject to—

  3. any enactment requiring the retention of the information contained in the business records; or
    1. any order of a court that imposes a prohibition on the destruction of the information contained in the business records.