Government Communications Security Bureau Act 2003

• Jurisdiction: New Zealand
• Citation: 2003 No 9
• Reference: 2003 No 9
• Record Number: DLM187177
• Act Number: 9
• Type of Document: Act

Contenidos

• Government Communications Security Bureau Act 2003
• Contents
• 1 Title
• Part 1
• 2 Commencement
• 3 Purpose
• 4 Interpretation
• 5 Act binds the Crown
• 5A Transitional provisions relating to amendments to Act
• Part 2
• 6 Bureau continued and established as department
• 7 Objective of Bureau
• 8 Functions of Bureau
• 8A Information assurance and cybersecurity
• 8B Intelligence gathering and analysis
• 8C Co-operation with other entities to facilitate their functions
• 8D Principles underpinning performance of Bureau's functions
• 8E Director has full powers for purpose of performing Bureau's functions
• 9 Appointment of Director
• 9A Appointment process
• 9B Remuneration and conditions of appointment of Director
• 9C Removal from office
• 9D Review of performance of Director
• 10 Acting Director
• 11 Prohibition on unauthorised disclosure of information
• 12 Annual report
• Part 3
• 13 Purpose of Part
• 14 Interceptions not to target New Zealand citizens or permanent residents for intelligence-gathering purposes
• 15 Interceptions for which warrant or authorisation required
• 15A Authorisation to intercept communications or access information infrastructures
• 15B Involvement of Commissioner of Security Warrants
• 15C Privileged communications
• 15D Information that interception warrant or access authorisation must contain
• 15E Warrant or authorisation may authorise persons to assist person giving effect to warrant or authorisation
• 15F Expiry of warrant or authorisation not to prevent further application
• 16 Certain interceptions permitted without interception warrant or access authorisation
• 17 Issue of interception warrant
• 18 Persons acting under warrant
• 19 Register of interception warrants and access authorisations
• 19A Urgent issue of warrants and authorisations
• 20 Director’s functions in relation to warrants and authorisations not to be delegated
• 21 Immunity from civil and criminal liability
• 22 Term of warrant or authorisation
• 23 Destruction of irrelevant records obtained by interception
• 24 Duty to minimise impact of interception on third parties
• 25 When incidentally obtained intelligence may be retained and communicated to other persons
• 25A Formulation of policy on personal information
• 25B Principles to protect personal information
• Part 3A
• 25C Transitional provisions relating to amendments to Act
• Part 4
• 26 Amendment to Crimes Act 1961
• 27 Amendment to Higher Salaries Commission Act 1977
• 28 Amendment to Inspector-General of Intelligence and Security Act 1996
• 29 Amendment to New Zealand Security Intelligence Service Act 1969
• 30 Amendment to Official Information Act 1982
• 31 Amendment to Public Finance Act 1989
• 32 Amendment to Radiocommunications Act 1989
• 33 Amendments to State Sector Act 1988
• 34 Certain provisions of State Sector Act 1988 not to apply
• 35 Revocation
• Schedules
• Transitional provisions relating to amendments made to Act after 1 January 2013
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this reprint

Government Communications Security Bureau Act 2003

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Government Communications Security Bureau.

Contents

1 Title

This Act is the Government Communications Security Bureau Act 2003.

Part 1

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose

The purpose of this Act is to—

1. continue the Government Communications Security Bureau and establish it as a department of State:

2. specify the objective and functions of the Bureau:

3. specify the circumstances in which the Bureau requires an interception warrant or access authorisation to intercept communications:

4. specify the conditions that are necessary for the issue of an interception warrant or access authorisation and the matters that may be authorised by a warrant or an authorisation:

5. specify the circumstances in which the Bureau may use interception devices to intercept communications without a warrant or an authorisation.

Section 3(c): replaced, on 26 September 2013, by section 4 of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 3(d): replaced, on 26 September 2013, by section 4 of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

Section 3(e): replaced, on 26 September 2013, by section 4 of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

4 Interpretation

In this Act, unless the context otherwise requires,—

access, in relation to any information infrastructure, means instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of, the information infrastructure

access authorisation means an authorisation issued under section 15A(1)(b)

Bureau means the Government Communications Security Bureau continued by section 6

communication includes signs, signals, impulses, writing, images, sounds, information, or data that a person or machine produces, sends, receives, processes, or holds in any medium

Director means the chief executive of the Bureau; and includes a person who, under section 10, exercises or performs the functions, duties, or powers of the Director

foreign organisation means—

1. a Government of any country other than New Zealand:

2. an entity controlled by the Government of any country other than New Zealand:

3. a company or body corporate that is incorporated outside New Zealand, or any company within the meaning of the Companies Act 1993 that is, for the purposes of the Companies Act 1993, a subsidiary of any company or body corporate incorporated outside New Zealand:

4. an unincorporated body of persons consisting principally of foreign organisations or foreign persons that carry on activities wholly outside New Zealand:

5. an international organisation:

6. a person acting in his or her capacity as an agent or a representative of any Government, body, or organisation referred to in any of paragraphs (a) to (e)

foreign person means an individual who is neither a New Zealand citizen nor a permanent resident; and includes a person acting in his or her capacity as an agent or a representative of such an individual

incidentally obtained intelligence means intelligence—

1. that is obtained in the course of gathering intelligence about the capabilities, intentions, or activities of foreign organisations or foreign persons; but

2. that is not intelligence of the kind referred to in paragraph (a)

information...