Salient. Official Newspaper of Victoria University of Wellington Students Association. Vol 40 No. 26. October 3 1977
And if you don't believe us... — New Zealand Security Intelligence Service Amendment — A Bill, Intituled
And if you don't believe us...
New Zealand Security Intelligence Service Amendment
A Bill, Intituled
An Act to amend the New Zealand Security Intelligence Service Act 1969
Be it Enacted
by the General Assembly of New Zealand5
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2 New Zealand Security Intelligence Service Amendment
"Intercept', in relation to any communication not other-wise lawfully obtainable by the person making theinterception, includes hear, listen to, record, monitor, or acquire the communication, or acquire the substance, meaning, or purport thereof; and "interception' has a corresponding meaning:5
"'Interception warrant' means an interception warrantissued under10
subsection (1) of section 4A
of this Act, as inserted bysection 4
of the New Zealand Security intelligence Service Amendment Act 1977:"New Zealand Intelligence Council' means the Council of that name established in accordance with anapproval given by the Prime Minister on the 3rd day of February 1975:15
"'Terrorism' means advocating, threatening, or using violence to coerce, deter, or intimidate—
"(a) The lawful authority of the State in New Zealand; or20
"(b) The community throughout New Zealand or in any area in New Zealand for the purpose of furthering any political aim:"
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a) | By omitting from the definition of the term "Commissioner", the word "appointed", and substituting the words "holding office": |
b) | By inserting in the definition of the term "security",
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(c) | By omitting, from the definition of the term "State Services", the words "Armed Services", and substituting the words "Armed Forces". |
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"(d) To inform the New Zealand Intelligence Council of any new area of potential espionage, sabotage, terrorism, or subversion in respect of which theDirector has considered it necessary to institute surveillance."40
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4. Issue of interception warrant—The principal Act is hereby amended by inserting, after section 4, the following section:
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"(a) | The interception or seizure is necessary either—
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"(c) | The information is not likely to be obtained by any
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"(a) | Specify the type of communication to be intercepted or seized: and |
"(b) | State the identity of the persons, if known, whose
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"(c) | Specify the person who may make the interception
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"(d) | Contain such terms and conditions as the Minister considers advisable in the public interest: and |
"(e) | Be valid for the period specified therein. |
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"(a) | A direction to any person or persons or class of persons employed in the State Services, otherwise than in the Police or the Armed Forces, to give such assistance as may be specified in the warrant in making the interception or seizure; and, where any such
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"(b) | A request to any other person or persons or class of persons to give such assistance as may be specified in the warrant in making the interception or seizure; and, where any such request is made to any persons who are in the employment of another 5 person, the warrant shall also contain a request that the services of the persons who are requested to assist shall be made available to the Security Intelligence Service by the employers of those persons and all other persons who are in any way 10 in control of the persons who are requested to assist. |
subsection (1)
of this section for the preceding 12 months, and prepare and lay before Parliament15
subparagraph (i) of paragraph (a) of subsection (1)
of this section and the interceptions and seizures made for those purposes in the immediately preceding year, which report shall not disclose information that is prejudicial to20
a) | The number of warrants issued for the purposes of that subparagraph; and |
b) | The average length of time for which the last-mentioned warrants were in force; and
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c) | The methods of interception and seizure used under the last-mentioned warrants,— |
and shall provide a general assessment of the importance of the warrants issued for the purposes of that subparagraph.
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"(a) | No civil or criminal proceedings shall lie against him by reason of his so doing; and |
"(b) | The issue of the warrant shall not be subject to judicial
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"(6) Subsection (5) of this section is in addition to and not in derogation of any other enactment relating to the execution of warrants.
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"(2) The Director of Security shall be appointed by theGovernor-General, and shall hold office under a contract of service for such term, and (subject to any subsequent Order in Council prescribing the salary for the office) on such terms and conditions as to salary, allowances, and otherwise, as the Minister thinks fit."10
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An officer or employee of the Security Intelligence Service, or a former officer or employee of the Service, shall not disclose or use any information gained by or conveyed to him through his connection with the Service other-wise than in the strict course of his official duties or as
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"(2) | A person who, by any interception warrant, is authorised to intercept or seize any communication, or is directed or requested to give any assistance in making any such interception or seizure, or to make the services of other persons
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Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine not exceeding $2,000 who fails to comply with or acts in contravention of subsection (1) or subsection (2) of this section." |
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- "The New Zealand Security Intelligence Service Act 1969
- 12A
- Unauthorised disclosure of information."
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"13A. (1) | Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000, who
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"(2) | Nothing in this section shall restrict the broadcasting or reporting of proceedings in Parliament. | ||||
"(3) | The written consent of the Minister in relation to any proceedings in any Court may be filed in the Court, and when so filed shall be sufficient authority to all persons to act in 20 accordance therewith " |
"14. | There shall be a Commissioner of Security Appeals, 25 who shall be the person for the time being holding the office of Chairman of the Security Review Authority constituted under section 38 of the State Services Act 1962." |
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"(c) | The complainant is not able to satisfy the Commissioner
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In accordance with his function, under section 17 (2) of this Act, to have regard to the requirements of security, the
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"(a) | Consult with the Director and with any person other than the complainant to assist in the determination of the circumstances and information that should not in the interests of security be disclosed in the
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"(b) | Take all precautions that are necessary to prevent the disclosure, in the course of or in relation to the inquiry, of any circumstances and information that in his opinion should not in the interests of security
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"(c) | Take all precautions that are necessary to protect the secrecy of any source from which he learned of the circumstances and information referred to in
paragraph (b) of this subsection and of any other
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11. Disclosure of certain matters not to be required—The principal Act is hereby amended by inserting, after section 20, the following section:
subsection (2)
of this section, where the Minister certifies—5
"(a) | That the giving of any information or the answering of any question or the production of any document or other material is likely to prejudice security; and | ||||
"(b) | That in the interests of security—
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the Commissioner shall act in accordance with the certificate.
subsection (1)
of this section until the consultations referred to in paragraph (a) of subsection (2A) of section 20 of this Act and relating to the particular information, question, document, or25
12. Action by Commissioner—The principal Act is hereby amended by repealing section 21, and substituting the following section:
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"(a) | Forward to the complainant his findings regarding the complaint; and
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"(b) | Report to the Minister, making such recommendations, if any, as he thinks appropriate, and (together with his report) forward to the Minister all documents and material relating to the complaint, including his findings; and the report,
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13. Restriction on publication and broadcasting of account of proceedings before Commissioner—Section 23 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
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* 1969, No. 24