Our legislation

The Intelligence and Security Act 2017 (the Act) puts in place a single legislative regime for us and the New Zealand Security Intelligence Service (NZSIS), providing a single purpose and shared objectives and functions.

As recommended by the First Independent Review of Intelligence and Security to Parliament, the overarching purpose of the Act is to protect New Zealand as a free, open and democratic society.

The Act sets out our functions, powers and duties and provides a legislative framework that allows us to conduct activities necessary to protect New Zealand and New Zealand interests while acting in accordance with New Zealand law and human rights obligations.

We also carry out regulatory functions under:

• Telecommunications (Interception Capability and Security) Act 2013
• Outer Space and High-altitude Activities Act 2017
• Overseas Investment (urgent measures) Amendment Act 2021.

We are subject to all New Zealand law, although specific exemption provisions are contained in some legislation, such as the Privacy Act 2020, the Public Finance Act 1989, and the Radio Communications Act 1989. Other more general exemptions also exist, including in the Human Rights Act 1993 and the Public Records Act 2005.

The Act also requires the Minister Responsible for the intelligence and security agencies to issue Ministerial Policy Statements. Each Ministerial Policy Statement sets out guiding principles that we must apply when planning and carrying out lawful activities and identifies policies, procedures, consultation and training requirements in relation to each activity. 

Before the Act there were four separate Acts governing New Zealand’s core security and intelligence agencies, and their oversight mechanisms:

• New Zealand Security Intelligence Service Act 1969;
• Government Communications Security Bureau Act 2003;
• Intelligence and Security Committee Act 1996 and
• Inspector-General of Intelligence and Security Act 1996.