Inspector-General of Intelligence and Security Act 1996

  • repealed
  • Inspector-General of Intelligence and Security Act 1996: repealed, on 28 September 2017, by section 242(2) of the Intelligence and Security Act 2017 (2017 No 10).

Functions of Inspector-General

11 Functions of Inspector-General

(1)

Subject to the provisions of this Act, the functions of the Inspector-General shall be—

(a)

to inquire, of the Inspector-General’s own motion or at the request of the Minister, into any matter that relates to the compliance by an intelligence and security agency with the law of New Zealand:

(b)

to inquire into any complaint by—

(i)

a New Zealand person; or

(ii)

a person who is an employee or former employee of an intelligence and security agency,—

that that person has or may have been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:

(ba)

to inquire into any complaint made by the Speaker of the House of Representatives on behalf of 1 or more members of Parliament:

(bb)

to inquire into a request by a worker who is an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau for a determination under section 8(7) of the Health and Safety at Work Act 2015:

(c)

to inquire at the request of the Minister or the Prime Minister or of the Inspector-General’s own motion into any matter where it appears that a New Zealand person has been or may be adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:

(ca)

to inquire at the request of the Minister or the Prime Minister or of the Inspector-General’s own motion into the propriety of particular activities of an intelligence and security agency:

(d)

without limiting paragraph (a), to review at intervals of not more than 12 months—

(i)

the effectiveness and appropriateness of the procedures adopted by each intelligence and security agency to ensure compliance with its governing legislation in relation to the issue and execution of warrants and authorisations; and

(ii)

the effectiveness and appropriateness of compliance systems concerning operational activity, including all supporting policies and practices of an intelligence and security agency relating to—

(A)

administration; and

(B)

information management; and

(C)

risk management; and

(D)

legal compliance generally:

(da)

to conduct unscheduled audits of the procedures and compliance systems described in paragraph (d):

(e)

to prepare and submit to the Minister from time to time for his or her approval programmes for the general oversight and review of each intelligence and security agency and for the discharge by the Inspector-General, in relation to each intelligence and security agency, of the particular functions specified in this section:

(f)

to carry out any programme or amended programme or substituted programme approved by the Minister under paragraph (e).

(2)

[Repealed]

(3)

In carrying out any inquiry in accordance with the provisions of subsection (1)(ca), it shall not be a function of the Inspector-General to inquire into any action taken by the Minister.

(4)

Except to the extent strictly necessary for the performance of his or her functions under subsection (1), the Inspector-General shall not inquire into any matter that is operationally sensitive, including any matter that relates to intelligence collection and production methods or sources of information.

(5)

The Inspector-General shall not conduct an inquiry into a complaint made under subsection (1) by an employee or former employee of an intelligence and security agency unless—

(a)

all established internal remedies have been exhausted; or

(b)

the employee or former employee and the chief executive of the relevant intelligence and security agency otherwise agree in writing.

(6)

Where an inquiry has been conducted by the Inspector-General following a complaint, the Inspector-General may make such recommendations for the redress of that complaint as the Inspector-General thinks fit (including remedies that involve the payment of compensation).

Section 11(1)(ba): inserted, on 26 September 2013, by section 7(1) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 11(1)(bb): inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 11(1)(c): replaced, on 26 September 2013, by section 7(2) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 11(1)(ca): inserted, on 26 September 2013, by section 7(2) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 11(1)(d): replaced, on 26 September 2013, by section 7(2) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 11(1)(da): replaced, on 26 September 2013, by section 7(2) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 11(2): repealed, on 26 September 2013, by section 7(3) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).

Section 11(3): amended, on 26 September 2013, by section 7(4) of the Inspector-General of Intelligence and Security Amendment Act 2013 (2013 No 58).