Action Alert - New Zealand Security Intelligence Amendment Bill No. 2

Peace Movement Aotearoa

NEW ZEALAND SECURITY INTELLIGENCE SERVICE AMENDMENT BILL (NO. 2)

No 264-1

EXPLANATORY NOTE

General Policy Statement - This Bill deals with some of the wider issues raised in the course of submissions made on the New Zealand Security Intelligence Service Amendment Bill. The new Bill addresses concerns about the special powers of the New Zealand Security Intelligence Service ("SIS"). It provides greater certainty as to when those powers may be exercised. It also provides safeguards against potential abuse.

In particular,-

• it limits the component of the definition of "security" that concerns New Zealand's international or economic well-being to foreign, or foreign-influenced, capabilities, intentions, or activities that impact on New Zealand's international or economic well-being:
• it requires domestic interception warrants (that is, those warrants that affect New Zealand citizens or permanent residents) to be issued jointly by the Minister in charge of the SIS and a Commissioner of Security Warrants, who will be a retired High Court Judge:
• it provides that the Minister in charge of the SIS may not direct the SIS to put any person in New Zealand under surveillance:
• it requires the Director of the SIS to consult regularly with the Leader of the Opposition to keep him or her informed about security matters.

Clause 1 relates to the Short Title and commencement. The Bill will come into force on the day after it receives the Royal assent. PART 1Amendments to Principal Act
Clause 2 inserts new definitions, and replaces existing definitions in the principal Act. The new definitions in subclause (1) relate to new procedures proposed by the Bill for the issue of interception warrants.

A "foreign interception warrant" is an interception warrant that is not aimed at a New Zealand citizen or at a New Zealand resident. That type of interception warrant will continue to be issued by the Minister in charge of the SIS. All other interception warrants are "domestic interception warrants", and will be issued jointly by the Minister in charge of the SIS and by the Commissioner of Security Warrants ("the Commissioner"). The new definitions of "foreign" and "foreign organisation" and "foreign person" are introduced to support the separation between domestic interception warrants and foreign interception warrants. These definitions are also relevant to the new definition of "security". Subclause (2) replaces the existing definitions of "interception warrant" and "security". As a result of the proposed separation of warrants into domestic interception warrants and foreign intelligence warrants, "interception warrant" is defined as meaning a domestic interception warrant or a foreign interception warrant. The new definition of "security" has 2 components.

The first component is the protection of New Zealand from acts of espionage, sabotage, terrorism, and subversion. This component remains unchanged from the existing definition in the principal Act.

The Second component of the definition of "security" is new. It provides for the identification of foreign, or foreign-influenced, capabilities, intentions, or activities within or relating to New Zealand that impact on New Zealand's international or economic well-being. That is narrower than the corresponding component in the existing definition of "security' which covers contributions to New Zealand's international or economic well-being.

The new definition of "foreign" in subclause (1) defines that term, in relation to capabilities, intentions, or activities as meaning controlled, influenced, entertained, or undertaken by 1 or more foreign organisations or foreign persons. "Foreign organisation" and "foreign person" are defined in subclause (1). Subclause (3) adds a new subsection (2) to the interpretation section of the principal Act.

The new subsection (2) declares that the principal Act does not limit the right of lawful advocacy, protest, or dissent. The exercise of that right does not, of itself, justify the SIS in instituting surveillance of anybody in New Zealand. The provision is similar to that currently contained in section 4 (3) of the principal Act. Clause 3 inserts new section 4AA and consequentially amends section 4. New section 4AA is designed to ensure the political neutrality of the SIS. It requires the Director of the SIS to ensure that-

• The activities of the SIS are limited to its functions:
• The SIS is kept free from irrelevant influence or considerations: * The SIS does not further the interests of a political party.

The new section prohibits the Minister in charge of the SIS from directing the SIS to place anybody in New Zealand under surveillance. It also requires the Director of the SIS to consult regularly with the Leader of the Opposition to keep him or her informed about security matters.

Clause 3 (2) consequentially amends section 4 of the principal Act to remove matters from that section that are now covered by new section 4AA and new section 2 (2).

Clause 4 repeals subsections (1) to (5) of section 4A of the principal Act, and substitutes new subsections (1) to (5). New subsection (1) deals with the issue of domestic interception warrants. Domestic interception warrants are issued jointly by the Minister in charge of the SIS and the Commissioner of Security Warrants. Both the Minister and the Commissioner have to be satisfied that the conditions specified in new subsection (3) apply to the proposed domestic interception warrant.

New subsection (2) deals with the issue of foreign interception warrants. Foreign interception warrants are issued by the Minister in charge of the SIS. The Minister must be satisfied that there are reasonable grounds for believing that the proposed foreign interception warrant does not name New Zealand citizens or permanent residents as persons whose communications may be intercepted. Further, the Minister must be satisfied that there are reasonable grounds for believing that any place specified in the proposed warrant is occupied by a foreign organisation or a foreign person.

The Minister also has to be satisfied that the conditions specified in new subsection (3) apply to the proposed foreign interception warrant. New subsection (3) specifies the conditions that must be met before any interception warrant (domestic or foreign) can be issued. These conditions are the same as those currently set out in the principal Act. Any interception or seizure proposed to be authorised by a warrant must be necessary for the detection of activities prejudicial to security or necessary for the purpose of gathering foreign intelligence essential to security. The provisions in the principal Act preventing the issue of an interception warrant if the value of the information sought does not justify the interception, or if the information can be obtained by other means, or if the information is privileged, are also re-enacted.

New subsection (5) provides that, if a proposed interception warrant is about foreign capabilities, intentions, or activities that impact on New Zealand, the Minister in charge of the SIS must consult the Minister of Foreign Affairs and Trade about the proposed warrant. Clause 5 repeals sections 4B and 4C of the principal Act, and substitutes new sections 4B to 4J. New sections 4B to 4E deal with the matters that must be stated in interception warrants, and with the powers that officers acting under interception warrants may exercise. These new sections re-enact provisions of the principal Act as amended by the New Zealand Security Intelligence Service Amendment Bill that was introduced into the House on 15 December 1998 (the "No. 1 Bill").

New section 4F puts in place new protections for every person who is not a person whose communications are intended to be intercepted by an interception warrant ("person A"). The provision partly follows section 4BA in the No. 1 Bill. Every person acting under an interception warrant is required to take all practicable steps that are reasonable in the circumstances to minimise the likelihood of intercepting communications that are not relevant to person A.

Under new subsection (2), officers acting under an interception warrant need the approval of the Director to follow person A into a place that is not specified in the warrant, or owned or occupied by person A. If the Director gives such an approval, he or she must notify the Minister. In the case of a domestic interception warrant, the Commissioner of Security Warrants must also be notified. The Minister may direct that interceptions not proceed, or be discontinued, at the place concerned. The Commissioner can, after consultation with the Minister in charge of the SIS, give a similar direction in relation to a domestic interception warrant. New sections 4G and 4H re-enact sections 4B and 4C of the principal Act. New section 4I sets out in the form of a new section New subsection (3A) of section 4A, as proposed to be inserted by the No. 1 Bill. New section 4J relates to the obligation of the Minister in charge of the SIS to review all current interception warrants, and to provide annual reports to the House of Representatives on all domestic interception warrants in force during the year reported on. The new section re-enacts, with minor changes, section 4A (5) of the principal Act. The reporting requirements under that subsection do not include interception warrants issued for the purpose of gathering foreign intelligence information essential to security. New section 4J requires the annual report to deal only with domestic interception warrants.

Clause 6 inserts new sections 5A to 5F, which relate to the new office of Commissioner of Security Warrants. The Commissioner must be a retired High Court Judge. He or she is appointed by the Governor-General on the recommendation of the Prime Minister following consultation with the Leader of the Opposition. The appointment is for a term of 3 years, but may be renewed. The Commissioner may not also hold the office of Inspector-General under the Inspector-General of Intelligence and Security Act 1996. The functions of the Commissioner are-

• to advise the Minister in charge of the SIS on domestic interception warrants:
• to consider, and deliberate on, applications for domestic interception warrants with the Minister in charge of the SIS: * to issue domestic interception warrants jointly with the Minister in charge of the SIS:
• to consider approvals given to enter, under domestic interception warrants, places that are not specified in those warrants, nor owned or occupied by the persons whose communications are to be intercepted by those warrants; and to direct, after consultation with the Minister in charge of the SIS, that interceptions at those places not proceed or be discontinued. New section 5F provides that the Attorney-General performs the functions of the Commissioner when the office of Commissioner is vacant, or when the Commissioner is absent from New Zealand, or when the Commissioner is unable to act.PART 2 Consequential and Transitional Provisions Clauses 7 to 9 make consequential amendments and deal with transitional matters.

264-1

Rt Hon Jenny Shipley

NEW ZEALAND SECURITY INTELLIGENCE SERVICE AMENDMENT (NO. 2)

ANALYSIS Title

1. Short Title and commencement - PART 1Amendments to Principal Act
2. Interpretation
3. Political neutrality of New Zealand Security Intelligence Service
4. Issue of interception warrant
5. New sections and headings inserted Matters to be Stated in Interception Warrants
   4B.Subject matter of interception warrant
   4C.Term of interception warrant
   4D.Persons acting under warrant Powers of Persons Acting under Interception Warrants
   4E.Powers to give effect to warrant Actions to Mitigate Impact of Interception Warrants 4F.Duty to minimise impact of interception warrants on third parties 4G.Destruction of irrelevant records obtained by interception 4H.Prevention or detection of serious crime Retrieval of Previously Installed Devices 4I.Removal of devices after warrant ceases to be in force Responsibility of Minister in Respect of Interception Warrants 4J.Annual report on domestic interception warrants
6. New heading and sections inserted Commissioner of Security Warrants
   5A.Commissioner of Security Warrants
   5B.Term of office
   5C.Removal of Commissioner
   5D.Remuneration and allowances
   5E. Disclosure of interests 5F.Exercise of Commissioner's functions during absence, etc PART 2 Consequential and Transitional Provisions
7. Consequential amendment to Inspector-General of Intelligence and Security Act 1996
8. Consequential repeals
9. Transitional provisions relating to warrants A BILL INTITULED An Act to amend the New Zealand Security Intelligence Service Act 1969BE IT ENACTED by the Parliament of New Zealand as follows:

   1. Short Title and commencement-
   
   (1) This Act may be cited as the New Zealand Security Intelligence Service Amendment Act (No. 2) 1999, and is part of the New Zealand Security Intelligence Service Act 1969[ 1 ] ("the principal Act").
   (2) This Act comes into force on the day after the date on which it receives the Royal assent.[ 1 ] R.S. Vol. 21, p. 559 Amendment: 1996, No.
   48PART 1 Amendments to Principal Act
   
   2. Interpretation-
   (1) Section 2 of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions: " 'Commissioner' means the Commissioner of Security Warrants holding office under section 5A: " 'Domestic interception warrant' means a warrant issued under section 4A (1): " 'Foreign',-
   "(a) In relation to capabilities, intentions, or activities, means controlled, influenced, entertained, or undertaken by 1 or more foreign organisations or foreign persons:
   "(b) In relation to intelligence, means intelligence relating to 1 or more foreign organisations or foreign persons: " 'Foreign interception warrant' means a warrant issued under section 4A (2): " 'Foreign organisation' means-
   "(a) A government of any country other than New Zealand:
   "(b) 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:
   "(c)An unincorporated body of persons- "(i) That is not a body 50% or more of whose members are New Zealand citizens or permanent residents; and "(ii) That carries on activities outside New Zealand: " 'Foreign person' means an individual who is neither a New Zealand citizen nor a permanent resident: " 'Permanent resident' means a person who is, or who is deemed to be, the holder of a residence permit under the Immigration Act 1987:".
   (2) Section 2 of the principal Act is amended by repealing the definitions of the terms "interception warrant" and "security", and substituting, in their appropriate alphabetical order, the following definitions: " 'Interception warrant' means a domestic interception warrant or a foreign interception warrant: " Security' means
   "(a) The protection of New Zealand from acts of espionage, sabotage, terrorism, and subversion, whether or not they are directed from or intended to be committed within New Zealand:
   "(b)The identification of foreign, or foreign-influenced, capabilities, intentions, or activities within or relating to New Zealand that impact on New Zealand's international well-being or economic well-being:".
   (3) Section 2 of the principal Act is amended by adding, as subsection (2), the following section: "(2) Nothing in this Act limits the right of persons to engage in lawful advocacy, protest, or dissent in respect of any matter, and, accordingly, the exercise of that right does not, of itself, justify the Security Intelligence Service in instituting surveillance of any person or entity or any class of person or entity within New Zealand."
   
   
   3. Political neutrality of New Zealand Security Intelligence Service- (1) The principal Act is amended by inserting, after section 4, the following section: "4AA. (1) The Director must take all reasonable steps to ensure that-
   "(a)The activities of the Security Intelligence Service are limited to those that are necessary for the discharge of its functions:
   "(b)The Security Intelligence Service is kept free from any influence or consideration that is not relevant to its functions:
   (c)The Security Intelligence Service does not take any action for the purpose of furthering the interests of any political party.
   "(2) The Minister may not direct the Security Intelligence Service to institute the surveillance of any person or entity or any class of person or entity within New Zealand.
   "(3) The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to security.
   "(4) Subsection (2) prevails over section 4 (1)." (2) Section 4 of the principal Act is consequentially amended by repealing subsections (2) and (3), and substituting the following subsection: "(2) It is not a function of the Security Intelligence Service to enforce measures for security."
   
   
   4. Issue of interception warrant-Section 4A of the principal Act is amended by repealing subsections (1) to (5), and substituting the following subsections:
   "(1) The Minister and the Commissioner may jointly issue a domestic interception warrant, authorising a person to intercept or seize any communication, document, or thing not otherwise lawfully obtainable by the person, if the Minister and the Commissioner are both satisfied on the sworn evidence of the applicant for the warrant that the conditions specified in subsection (3) apply to the proposed warrant.
   "(2) The Minister may issue a foreign interception warrant authorising a person to intercept or seize any communication, document, or thing not otherwise lawfully obtainable by the person, if the Minister is satisfied on the sworn evidence of the applicant for the warrant that-
   "(a)The conditions specified in subsection (3) apply to the proposed warrant; and
   "(b)There are reasonable grounds for believing- "(i) That no New Zealand citizen or permanent resident is to be identified by the proposed warrant as a person whose communications may be intercepted; and "(ii) That any place to be specified in the proposed warrant is occupied by a foreign organisation or a foreign person.
   "(3) The conditions referred to in subsections (1) and (2) are that-
   "(a)The interception or seizure to be authorised by the proposed warrant is necessary- "(i) For the detection of activities prejudicial to security; of "(ii) For the purpose of gathering foreign intelligence information essential to security; and
   "(b)The value of the information sought to be obtained under the proposed warrant justifies the particular interception or seizure; and
   "(c)The information is not likely to be obtained by any other means; and
   "(d)Any communication sought to be intercepted or seized under the proposed warrant is not privileged in proceedings in a Court of law under- "(i) Any of sections 31 to 33 of the Evidence Amendment Act (No. 2) 1980; or "(ii) Any rule of law that confers privilege on communications of a professional nature between a lawyer and his or her client.
   "(4) An interception warrant may be issued only on an application made in writing by the Director or by the person for the time being acting as the Director.
   "(5) Before issuing an interception warrant in respect of any matter specified in paragraph (b) of the definition of the term 'security' in section 2 (1), the Minister must consult the Minister of Foreign Affairs and Trade about the proposed warrant."
   
   
   5. New sections and headings inserted-The principal Act is amended by repealing sections 4B and 4C, and substituting the following sections and headings:"Matters to be Stated in Interception Warrants "4B. Subject matter of interception warrant-
   (1) Every interception warrant must-
   "(a)Specify the type of communication, document, or thing to be intercepted or seized; and
   "(b)State the identity of the persons, if known, whose communications are sought to be intercepted, or (if the identity of the persons is not known) the place in respect of which communications may be intercepted; and
   "(c)If documents or things are to be seized, state the place where the documents or things are or are likely to be.
   "(2) A domestic interception warrant may contain any terms and conditions that the Minister and the Commissioner both consider advisable in the public interest.
   "(3) A foreign interception warrant may contain any terms and conditions that the Minister considers advisable in the public interest.
   
   
   "4C. Term of interception warrant-
   (1) Every interception warrant must specify a period not exceeding 12 months for which the interception warrant is valid.
   "(2) The expiry of an interception warrant does not prevent a further application for an interception warrant in respect of the same subject matter.
   
   
   "4D. Persons acting under warrant-
   (1) Every interception warrant must specify the person who may make the interception or seizure.
   (2) An interception warrant may also request 1 or more persons or class of persons to give any assistance that is specified in the warrant in making the interception or seizure.
   "(3) If a request is made, under subsection (2), to 1 or more persons or class of persons who are employees ('the employees'), the warrant must also request the persons who are the employers of the employees, or any other persons in any way in control of the employees, to make the services of the employees available to the Security Intelligence Service.
   "(4) On an application made in writing by the Director (or by the person for the time being acting as the Director), the Minister may amend an interception warrant-
   "(a)By substituting another person for the person specified in the warrant under subsection (1):
   (b)By substituting another person or another class of persons for a person or class of persons requested under subsection (2):
   "(c)By adding any person or class of persons to the persons requested under subsection (2)."Powers of Persons Acting under Interception Warrants
   
   
   "4E. Powers to give effect to warrant-
   (1) A person who is authorised by an interception warrant to intercept the communications of persons, and any person who is requested in accordance with the warrant to assist in making the interception, may enter-
   "(a)Any place that is specified in the warrant; or
   "(b)Any place that is owned or occupied by a person whose communications are sought to be intercepted; or
   "(c)Any place where a person whose communications are sought to be intercepted is or is likely to be at any time.
   "(2) The power conferred by subsection (1) (c) is subject to section 4F.
   "(3) A person who is authorised by an interception warrant to seize documents or things, and any person who is requested in accordance with the warrant to assist in making the seizure, may enter a place specified in the warrant.
   "(4) If a person is authorised under subsection (1) to enter a place, the person may do in the place any of the following acts that are necessary for the purposes of giving effect to the warrant:
   "(a)Instal or modify any device or equipment in the place:
   "(b)Maintain any device or equipment in the place:
   "(c)Remove from the place any device or equipment previously installed in the place:
   "(d)Any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.
   
   
   "(5) If a person is authorised under subsection (3) to enter a place, the person may do in the place any of the following acts that are necessary for the purposes of giving effect to the warrant:
   
   "(a)Search the place:
   "(b)Open any container, box, or receptacle that is in the place:
   "(c)Obtain access to any document or thing that is in the place:
   "(d)Seize any document or thing authorised to be seized by the warrant:
   "(e)Remove from the place any device or equipment previously installed in the place:
   "(f)Any other act that is reasonable in the circumstances and reasonably required to achieve the purposes for which the warrant was issued.
   "Actions to Mitigate Impact of Interception Warrants
   "4F. Duty to minimise impact of interception warrants on third parties- (1) In any case where an interception warrant authorises the interception or seizure of the communications of a person ('person A'), everyone who makes, or assists in making, the interception or seizure under the interception warrant must take all practicable steps that are reasonable in the circumstances to minimise the likelihood of intercepting or seizing communications that are not relevant to person A.
   "(2) A person acting under an interception warrant may not exercise a power to enter a place without the prior approval of the Director (or the person for the time being acting as the Director), if that place is neither-
   "(a)Owned or occupied by person A; nor
   "(b)Specified in the interception warrant.
   "(3) As soon as an approval is given under subsection (2), the Director (or the person for the time being acting as the Director) must-
   "(a)Advise the Minister of the approval; and "(b)If the interception warrant concerned is a domestic interception warrant, also advise the Commissioner of the approval.
   "(4) When the Minister is advised under subsection (3) (a) of an approval, the Minister may direct every person acting under the warrant concerned not to proceed with, or to discontinue, interceptions or seizures of communications at the place to which the approval relates.
   "(5) When the Commissioner is advised under subsection (3) (b) of an approval, the Commissioner, after consultation with the Minister, may direct every person acting under the warrant concerned not to proceed with, or to discontinue, interceptions or seizures of communications at the place to which the approval relates.
   "(6) The Director (or the person for the time being acting as the Director) must ensure that every direction under this section is carried out without delay.
   
   
   "4G. Destruction of irrelevant records obtained by interception- (1) Every person who intercepts or seizes any communication in accordance with an interception warrant must, as soon as practicable after the interception or seizure,-
   "(a)Destroy any copy that he or she may make of the communication or any part of the communication, and any record, whether in writing or otherwise, of the information obtained by that interception or seizure, except to the extent that the information recorded in the copy or record relates directly or indirectly to the detection of activities prejudicial to security or comprises foreign intelligence information essential to security:
   "(b)If the communication has been seized from mail in transit, return it to the mail for delivery in the normal course:
   "(c)In the case of any other letter or document or thing that has been intercepted or seized, return it to the place from which it was intercepted or seized if the Director considers that it is practicable to do so.
   "(2) However, if the Director considers that the return of any communication to the mail might lead to consequences that would endanger life or property, or if the Director considers that it is not practicable to return any letter or document or thing to the place from which it was intercepted or seized, the Director must, as soon as practicable after the interception or seizure, consult the Solicitor-General as to the disposition of the communication, and must dispose of it as the Solicitor-General requires.
   "(3) Every person who knowingly fails to comply with subsection (1) or subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $1,000.
   
   
   "4H. Prevention or detection of serious crime- (1) Despite sections 4 (1) (a) and 4G (1) (a), the Director, for the purpose of preventing or detecting serious crime in New Zealand or in any other country, may retain any information that comes into the possession of the Security Intelligence Service and may communicate any such information to members of the New Zealand Police or to any other persons, and in any manner, that the Director thinks fit.
   "(2) In subsection (1), 'serious crime' means,-
   "(a)In relation to New Zealand, an indictable offence; and
   "(b)In relation to an overseas country, any offence that, if it occurred in New Zealand, would be an indictable offence.
   
   
   "Retrieval of Previously Installed Devices "4I. Removal of devices after warrant ceases to be in force-
   "(1) If any device or equipment that has been installed, in accordance with an interception warrant, remains in a place after the interception warrant has ceased to be in force in respect of that place, the Minister may, on a written application by the Director (or by the person for the time being acting as the Director), issue a warrant authorising the removal of the device or equipment from the place.
   "(2) A warrant issued under subsection (1) must specify the person who may remove the device or equipment, and the warrant may also request 1 or more persons or class of persons to give any assistance that may be specified in the warrant in removing the device or equipment.
   "(3) If a request is made, under subsection (2), to 1 or more persons or class of persons who are employees ('the employees'), the warrant must also request the persons who are the employers of the employees, or any other persons in any way in control of the employees, to make the services of the employees available to the Security Intelligence Service.
   "(4) A warrant issued under subsection (1) authorises the person specified, under subsection (1), or requested, under subsection (2), to enter the place concerned for the purpose of removing the device or equipment, and to do in that place any of the following acts that are necessary to achieve that purpose:
   "(a)Search the place:
   "(b)Open any container, box, or receptacle that is in the place:
   "(c)Obtain access to any document or thing that is in the place:
   "(d)Any other act that is reasonable in the circumstances and reasonably required to achieve the purpose for which the warrant was issued.
   "(5) A warrant issued under subsection (1) must specify a period not exceeding 12 months for which the warrant is valid."Responsibility of Minister in Respect of Interception Warrants
   
   
   "4J. Annual report on domestic interception warrants- (1) As soon as practicable after the end of each year ending with 31 March, the Minister-
   "(a)Must review all interception warrants that were in force at any time during that year; and �(b)Must prepare and present to Parliament a report- "(i) On the domestic interception warrants that were in force at any time during that year; and "(ii) On the interceptions and seizures made for the purposes of those domestic interception warrants during that year.
   "(2) A report under subsection (1) (b) must include the following information (not being information prejudicial to security) on the domestic interception warrants that were in force at any time during the year to which the report relates:
   "(a)The number of those domestic interception warrants; and
   "(b)The average length of time for which all those domestic interception warrants have been in force during that year; and
   "(c)The methods of interception and seizure used under those domestic interception warrants.
   "(3) A report under subsection (1) (b) must provide a general assessment of the importance of the domestic interception warrants to which the report relates."
   
   6. New heading and sections inserted-The principal Act is amended by inserting, after section 5, the following heading and sections:"Commissioner of Security Warrants "5A. Commissioner of Security Warrants-
   "(1) There is a Commissioner of Security Warrants.
   "(2) The Commissioner is appointed by the Governor-General on the recommendation of the Prime Minister following consultation with the Leader of the Opposition.
   "(3) No person may be appointed as the Commissioner unless that person has previously held office as a Judge of the High Court.
   "(4) No person may at the same time hold office as Commissioner and as Inspector-General under the Inspector-General of Intelligence and Security Act 1996.
   "(5) The functions of the Commissioner are-
   "(a)To advise the Minister on applications for domestic interception warrants:
   "(b)To consider with the Minister applications for domestic interception warrants:
   "(c)To deliberate with the Minister on applications for domestic interception warrants:
   "(d)To issue domestic interception warrants jointly with the Minister in accordance with section 4A:
   "(e)To consider advice, given to the Commissioner under section 4F (3), concerning approvals to enter certain places: "(f)After consulting the Minister, to give directions under section 4F (5) (which relates to directions not to proceed with, or to discontinue, interceptions or seizures of communications at certain places).
   
   Cf. 1996, No. 47, s. 5 "5B. Term of office- (1) Every person appointed as the Commissioner must be appointed for a term of 3 years, and may from time to time be reappointed.
   "(2) When a person's term as Commissioner expires, the person, unless sooner vacating office by death or by resignation, or by removal from office under section 5C, continues to hold office until-
   
   
   "(a)The person is reappointed as Commissioner; or
   "(b)The person's successor comes into office.
   "(3) The person appointed as Commissioner may at any time resign his or her office by written notice given to the Minister.
   
   Cf. 1996, No. 47, s. 6 "5C. Removal of Commissioner-The person appointed as Commissioner may be removed or suspended from office by the Governor-General, upon an address from the House of Representatives, for disability affecting performance of duty, bankruptcy, neglect of duty, or misconduct.
   
   Cf. 1996, No. 47, s. 7 "5D. Remuneration and allowances- (1) The Commissioner is to be paid out of public money, without further appropriation than this section, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951. "(2) The provisions of the Fees and Travelling Allowances Act 1951 apply as if the Commissioner were a member of a statutory board and any travelling undertaken by the Commissioner were in the service of a statutory board.
   
   Cf. 1996, No. 47, s. 8 "5E. Disclosure of interests-The Commissioner must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that could conflict with the proper performance by the Commissioner of his or her functions under this Act.
   
   Cf. 1996, No. 47, s. 9 "5F. Exercise of Commissioner's functions during absence, etc- (1) This section applies when-
   
   "(a)There is a vacancy in the office of Commissioner; or
   "(b)The Commissioner is absent from New Zealand; or
   "(c)The Commissioner is unable, for any reason, to perform the functions of the Commissioner.
   "(2) When subsection (1) applies, the references to the Commissioner in sections 4A and 4F must be read as references to the Attorney-General (but not to the Solicitor-General)."PART 2Consequential and Transitional Provisions
   
   7. Consequential amendment to Inspector-General of Intelligence and Security Act 1996-Section 11 (1) (d) of the Inspector-General of Intelligence and Security Act 1996 is consequentially amended by omitting the expression "and 4B", and substituting the expression "to 4G".
   
   8. Consequential repeals-The following enactments are consequentially repealed: (a)Section 5 of the New Zealand Security Intelligence Service Amendment Act 1977: (b)So much of the Sixth Schedule of the Privacy Act 1993 as relates to section 4A of the principal Act: (c)Sections 4 (2) and 6 of the New Zealand Security Intelligence Service Amendment Act 1996.
   
   9. Transitional provisions relating to warrants- (1) This section applies to every interception warrant issued under section 4A of the principal Act (as in force immediately before the commencement of this Act) that is in force immediately before the commencement of this Act.
   
   
   (2) Every interception warrant to which this section applies continues in force in accordance with the term specified in the warrant.
   (3) If an interception warrant to which this section applies was issued for the purposes of section 4A (1) (a) (i) of the principal Act (as in force before the commencement of this Act), the principal Act applies as if it were a domestic interception warrant.
   (4) If an interception warrant to which this section applies was issued for the purposes of section 4A (1) (a) (ii) of the principal Act (as in force before the commencement of this Act), the principal Act applies as if it were a foreign interception warrant.
   
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