Plain language law

New Zealand law explained for everyone

Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Appointment, functions, duties, and powers of Inspector-General

163: Reviews relating to authorisations and authorised activities

You could also call this:

"Checking if spy agencies are doing things correctly and fairly"

Illustration for Intelligence and Security Act 2017

If you are looking at how intelligence and security agencies get permission to do certain things, there are rules to follow. When the Inspector-General checks if these agencies are doing things correctly, they might find something wrong with the permission they were given. This wrong thing is called an irregular authorisation. If the Inspector-General finds this, they can tell the Minister responsible for the agency and the Chief Commissioner of Intelligence Warrants about it. They do this so the Minister and the Chief Commissioner know what is happening.

When the Inspector-General checks how intelligence and security agencies are doing certain activities, they might find something wrong with how the activity is being done. This wrong thing is called an irregular activity. If the Inspector-General finds this, they can tell the Minister responsible for the agency and the Chief Commissioner of Intelligence Warrants about it. The Inspector-General can also suggest that some information should be destroyed if it was obtained wrongly.

The Inspector-General can make a report about the wrong things they found and suggest what should happen to the information that was obtained. You can find more information about this in section 158(1)(i)(i) and section 158(1)(i)(ii) and also in section 78(2)(a). The Inspector-General has the power to make these reports and suggestions to help keep everything in order.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7119025.

Topics:
Government and voting > Government departmentsCrime and justice > Police and safetyRights and equality > Privacy
Previous

162: Jurisdiction of courts and other agencies not affected, or

"Courts and police can still do their jobs even when the Inspector-General is working."

Next

164: Appointment of Deputy Inspector-General, or

"How the Deputy Inspector-General of Intelligence and Security gets their important job"

Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Appointment, functions, duties, and powers of Inspector-General

163Reviews relating to authorisations and authorised activities

  1. If a review conducted under section 158(1)(i)(i) identifies any irregularity in the issue of an authorisation to an intelligence and security agency (an irregular authorisation),—

  2. the finding does not—
    1. invalidate the authorisation; or
      1. invalidate any action taken by the intelligence and security agency, or any other person, in reliance on the authorisation or any information obtained under it; or
        1. require any information obtained under the authorisation to be destroyed:
        2. the Inspector-General may report the irregular authorisation to—
          1. the Minister responsible for the intelligence and security agency and to the Chief Commissioner of Intelligence Warrants, in the case of an authorisation that—
            1. is a Type 1 intelligence warrant; or
              1. is given under section 78(2)(a); or
              2. the Minister responsible for the intelligence and security agency, in the case of any other kind of authorisation.

              3. If a review conducted under section 158(1)(i)(ii) identifies any irregularity in the carrying out of an authorised activity by an intelligence and security agency (an irregular activity),—

              4. the finding does not—
                1. invalidate the authorisation that authorised the activity; or
                  1. make the activity unlawful; or
                    1. require any information obtained during the carrying out of the activity to be destroyed:
                    2. the Inspector-General may report the irregular activity to—
                      1. the Minister responsible for the intelligence and security agency and to the Chief Commissioner of Intelligence Warrants, in the case of an activity authorised by—
                        1. a Type 1 intelligence warrant; or
                          1. an authorisation given under section 78(2)(a); or
                          2. the Minister responsible for the intelligence and security agency, in the case of an activity authorised by any other kind of authorisation.

                          3. The Inspector-General may include in his or her report under subsection (1)(b) or (2)(b) a recommendation that all or any specified information obtained under an irregular authorisation or as a result of irregular activity be destroyed.