Intelligence and Security Act 2017

Repeals and amendments - Amendments to Customs and Excise Act 1996

257: Section 280M replaced (Direct access to database information for counter-terrorism investigation purposes)

You could also call this:

"Government agencies can access database information to stop terrorism, with rules to keep it safe and private."

Illustration for Intelligence and Security Act 2017

When you hear about counter-terrorism, it's about stopping people who might hurt others on purpose. The government has a law to help keep you safe. This law lets some government agencies look at information in databases to help them stop bad people.

The Customs agency has a lot of information in its databases. The chief executive of Customs can let another agency look at this information. Before they do, they must make a written agreement that says what information can be looked at and why.

This agreement must also say how the information will be used and who can look at it. It must say how the information will be kept safe and what will happen to it later. The agencies must also talk to the Privacy Commissioner before making or changing an agreement.

Some words have special meanings in this law, like "access" which means looking at information in a database. An "agency" is a group of people who work for the government, like the police or the army. A "database" is a way of storing information, like a big computer file. "Information" can be many things, like what people bring into the country or who is arriving and leaving.

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 It might be out of date or be missing some parts.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 3 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7119066.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

256: Amendments to Customs and Excise Act 1996, or

"Changes to the Customs and Excise Act 1996 law"

258: New section 293A inserted (Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017), or

"Agreements made before the law changed will still be valid"

Part 8Repeals and amendments
Amendments to Customs and Excise Act 1996

257Section 280M replaced (Direct access to database information for counter-terrorism investigation purposes)

Replace section 280M with:
280MDirect access to database information for purposes of counter-terrorism and national security
1. The purpose of this section is to facilitate an agency’s access to information stored in a database for the purpose of assisting the agency to perform its functions related to, or involving, all or any of the following:
2. the prevention, detection, or investigation of any potential, suspected, or actual—
  1. terrorist act; or
  2. facilitation of a terrorist act:
3. national security.
4. The chief executive of the Customs may, for the purpose of this section, allow the chief executive of an agency to access 1 or more databases to search for information, including personal information.
5. Before allowing the chief executive of an agency access to any database in accordance with subsection (2), the chief executive of the Customs must enter into a written agreement with the chief executive of the agency.
6. The written agreement must specify—
7. the database or databases that may be accessed:
8. the particular information that may be accessed:
9. the particular purpose or purposes for which the information is accessed:
10. how the information accessed is to be used by the agency to achieve those particular purposes:
11. the positions or designations of the persons in the agency who may access the database or databases:
12. the records to be kept in relation to each occasion on which a database is accessed:
13. the safeguards that are to be applied for protecting personal information that is disclosed:
14. the requirements relating to storage and disposal of information obtained by the agency from the database or databases:
15. the circumstances (if any) in which the information may be disclosed by the agency to another specified agency, and how that disclosure may be made:
16. the requirements for reviewing the agreement.
17. An agreement may be varied by the chief executive of the Customs and the chief executive of the agency.
18. Before entering into an agreement, or varying an agreement, the chief executive of the Customs must consult the Privacy Commissioner.
19. In this section,—
  access, in relation to a database, includes remote access to the database
  agency means—
  1. a department specified in Schedule 1 of the State Sector Act 1988, other than—
    
    the Government Communications Security Bureau; and
    
    the New Zealand Security Intelligence Service:
  2. a departmental agency that is part of a department referred to in paragraph (a):
  3. the New Zealand Police:
  4. the New Zealand Defence Force
  chief executive of an agency—
  1. means the head of that agency; and
  2. includes the Commissioner of Police
  database means any information recording system or facility used by the Customs to store information
  information—
  1. means—
    
    any information held by the Customs that relates to goods, passengers, crew, or craft and the movements of the goods, passengers, crew, or craft:
    
    any other border-related information held by the Customs; and
  2. includes, but is not limited to,—
    
    arrival and departure information:
    
    information specified in section 282(1):
    
    biometric information:
    
    border information (as defined in section 282D):
    
    information collected or generated by the Customs in the course of preventing, detecting, or investigating a border-related offence (as defined in section 132B(1))
  terrorist act has the same meaning as in section 5(1) of the Terrorism Suppression Act 2002.