Ministerial Policy Statements

MPSs provide guidance to us on certain lawful activities

MPSs provide guidance to us on lawful activities under the Act. They do not act as legal authorisations for these activities but set out the Minister’s expectations of how the activities covered by the MPS should be properly carried out and any protections or restrictions in relation to the activity. Activities which are otherwise unlawful may only be carried out to the extent that they can be authorised under an intelligence warrant.

Every person making decisions or taking any action in relation to the matters covered by the MPSs must consider and should be able to explain how they had regard to the MPS. This might include an explanation of the consideration of any relevant internal policy or procedures that reflect the MPS. 

Our Director-General is responsible for ensuring each MPS is reflected in our internal policies and procedures. If any action is taken that is inconsistent with the MPS, we must be able to explain why that action was taken.

MPSs are considered by the Inspector-General of Intelligence and Security (IGIS) when conducting an inquiry or review

MPSs are relevant to the oversight of the GCSB by the IGIS in the exercise of their propriety jurisdiction. When conducting an inquiry or review, the IGIS must take account of any relevant MPS and the extent to which we have complied with it.

They also assist in increasing transparency with the New Zealand public by providing the public with information on how and why we carry out lawful activities to help keep New Zealand secure.

Each of the activities covered by the MPSs enable us to perform our statutory functions

The Intelligence and Security Act 2017 sets the principal objectives of the GCSB, which are to contribute to:

• The protection of New Zealand’s national security;
• The international relations and well-being of New Zealand; and
• The economic well-being of New Zealand.

We meet these objectives through the performance of our statutory functions:

• Intelligence collection and analysis
• Protective security advice and assistance, including information assurance and cyber security activities
• Co-operation with other public authorities to facilitate their functions, and
• Co-operation with other entities to respond to imminent threat.

The MPSs cover areas of work that involve gathering information about individuals and organisations that may intrude into the privacy of individuals and other areas where ministerial guidance was considered appropriate.  There are currently 10 MPSs, which apply to the GCSB, covering the following activities:

1. Providing information assurance and cybersecurity activities (GCSB only);
2. Acquiring, using and maintaining an assumed identity;
3. Creating and maintaining a legal entity (such as a cover company);
4. Human intelligence activities;
5. Conducting surveillance in a public place;
6. Obtaining and using publicly available information;
7. Making requests for information from other agencies (section 121 requests);
8. Information management;
9. Making false or misleading representations about employment; and
10. Cooperation with overseas public authorities.