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Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Procedure for inquiries

183: Inspector-General, etc, not compellable witnesses

You could also call this:

"Some people, like the Inspector-General, can't be forced to give evidence in court unless they're accused of a crime."

Illustration for Intelligence and Security Act 2017

You cannot force certain people to give evidence in court. These people are the Inspector-General, the Deputy Inspector-General, people who work for the Inspector-General, and people on the advisory panel. They do not have to talk about what they know when they are doing their jobs. You can force them to give evidence if they are accused of committing a crime, such as an offence against section 219, or certain sections of the Crimes Act 1961, like 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B. This also includes trying to commit one of these crimes or working with someone to commit one of these crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7119028.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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182: Information disclosed to Inspector-General privileged, or

"Talking to the Inspector-General is private, like talking in court."

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"The Inspector-General can visit spy agency offices to check they are doing things correctly."

Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Procedure for inquiries

183Inspector-General, etc, not compellable witnesses

  1. The following persons may not be required to give evidence in any court, or in proceedings of a judicial nature, in respect of anything that comes to their knowledge when they are performing or exercising their functions, duties, or powers:

  2. the Inspector-General, or any person who has held office as Inspector-General:
    1. the Deputy Inspector-General, or any person who has held office as Deputy Inspector-General:
      1. a person who is, or has been, employed by the Inspector-General:
        1. a person who is, or has been, a member of the advisory panel.

          1. Nothing in subsection (1) applies in respect of proceedings for—

          2. an offence against section 219; or
            1. an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
              1. an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961; or
                1. an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961.

                  Compare
                  Notes
                  • Section 183(2)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).