New Zealand Security Intelligence Service Act 1969

Commissioner of Security Warrants

Heading: inserted, on 1 September 1999, by section 7 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

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 lnspector-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 intelligence warrants:

(b)

to consider with the Minister applications for domestic intelligence warrants:

(c)

to deliberate with the Minister on applications for domestic intelligence warrants:

(d)

to issue domestic intelligence 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):

(g)

to conduct reviews under section 56 of the Telecommunications (Interception Capability and Security) Act 2013 relating to significant network security risks.

Compare: 1996 No 47 s 5

Section 5A: inserted, on 1 September 1999, by section 7 of the New Zealand Security Intelligence Service Amendment Act (No 2) 1999 (1999 No 91).

Section 5A(5)(a): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 5A(5)(b): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 5A(5)(c): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 5A(5)(d): amended, on 13 July 2011, by section 17(1) of the New Zealand Security Intelligence Service Amendment Act 2011 (2011 No 28).

Section 5A(5)(g): inserted, on 11 May 2014, by section 123 of the Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91).