Our legislation

The Intelligence and Security Act 2017 (the Act) gives us particular powers, which we use as necessary to protect New Zealand and New Zealand interests, with appropriate limitations and robust oversight.

The purpose of the Act is to protect New Zealand as a free, open and democratic society.

The Act puts in place a single legislative regime for both the NZSIS and the GCSB. The Act sets out the functions, powers and duties of the agencies while acting in accordance with New Zealand law and human rights obligations.

Our principal objectives under the Act are to contribute to:

• The protection of New Zealand’s national security
• The international relations and wellbeing of New Zealand
• The economic wellbeing of New Zealand.

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 NZSIS 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.

The Act reflected the central conclusion of the First Independent Review of Intelligence and Security that there should be a comprehensive Act reflecting our structure, purposes, activities and oversight.