The Intelligence and Security Act 2017 (the Act) sets out strict requirements for us to follow when applying for a warrant and undertaking activities authorised by a warrant. All activities carried out under warrant must be:
- In accordance with New Zealand law and all the human rights obligations recognised by New Zealand law
- Necessary for the NZSIS to perform its functions under the Act
- Proportionate to the intended purpose
- The least intrusive means of reasonably achieving the purpose of the warrant
- Politically neutral.
We must also take all reasonably practicable steps to minimise the impact of the proposed activity on any members of the public.
All warrants are issued by the Minister Responsible for NZSIS, and depending on the type of warrant may also require approval of a Commissioner of Intelligence Warrants (a former High Court Judge).
Warrants are reviewed retrospectively by a member of the Office of the Inspector-General of Intelligence and Security, which provides independent oversight of both the NZSIS and the GCSB.