1: Title
This Act is the Security Information in Proceedings Act 2022.
2: Commencement
1: This Act comes into force on—
a: the first anniversary of the date of Royal assent; or
b: an earlier date appointed by the Governor-General by Order in Council.
2: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Preliminary provisions
3: Overview
1: This guide is for explanation only and does not affect the provisions referred to in it.
2: Part 1
3: Part 2 see section 8(3) Part 2
a: a non-Crown party’s entitlement to a special advocate ( see section 10
b: provision for a closed hearing ( see section 11
c: access to the security information by certain persons only ( see section 12
d: a requirement for the Crown to provide a written summary of the security information to participants ( see sections 13 14
e: the court’s power to appoint a special adviser ( see section 15
4: Part 3 Overseas Investment Act 2005 Passports Act 1992 Telecommunications (Interception Capability and Security) Act 2013 Terrorism Suppression Act 2002 Part 3
a: a process for the Crown to make an SI application in relation to a proceeding ( see section 32 see section 36
b: for the Attorney-General and the Minister of Foreign Affairs and Trade to jointly issue an NSI certificate, which certifies that information is national security information without the need for the court to determine this ( see section 41
4: Interpretation
In this Act, unless the context otherwise requires,— authorised court
a: the High Court:
b: the Court of Appeal:
c: the Supreme Court:
d: the Employment Court, in the case of proceedings in respect of matters within the jurisdiction of that court under section 187 civil proceeding
a: means any proceeding (including any public law or judicial review proceeding) before a court or tribunal other than a criminal proceeding; and
b: includes a hearing and determination of an application for a control order under the Terrorism Suppression (Control Orders) Act 2019
c: excludes an investigation under the Criminal Cases Review Commission Act 2019 classified security information
a: section 114
b: section 2AA
c: section 3A
d: section 4A closed hearing
a: the Judge or Judges hearing the case:
b: any person who is a representative of the Crown for the purposes of the specified proceeding and who has an appropriate security clearance:
c: any witness who is authorised by the court to be present at the hearing while giving evidence in respect of security information:
d: any special advocate appointed to act on behalf of a non-Crown party to the specified proceeding:
e: any special adviser appointed for the purposes of advising the court in relation to the specified proceeding:
f: any court staff member who has an appropriate security clearance:
g: any person who has an appropriate security clearance and who is authorised (whether individually or as a member of a class of persons) by the court to attend the hearing Crown
a: means the Sovereign in right of the Government of New Zealand, including—
i: any Minister of the Crown; and
ii: any public service agency; and
iii: the New Zealand Defence Force; and
iv: the New Zealand Police; and
b: when used in relation to a non-party disclosure hearing to which section 26B section 10(1) designated agency
a: maintaining the special advocate panel ( see section 16
b: meeting the costs of special advocates and special advisers under sections 24 27 exclusion order section 31(2) function intelligence and security agency section 4 lawyer section 6 misconduct section 9 national security information NSI
a: means information that, if disclosed in or in connection with a proceeding without any orders in place to protect the information, would be likely to prejudice national security interests; and
b: includes—
i: information certified as NSI under section 41
ii: information that is the subject of an SI application and that the Crown asserts is NSI until an authorised court finally dismisses the application under section 37 national security interests
a: the security or defence of New Zealand; or
b: the international relations of the Government of New Zealand; or
c: the entrusting of information to the Government of New Zealand on a basis of confidence by—
i: the Government of any other country; or
ii: an agency of a Government of another country; or
iii: any international organisation (within the meaning of section 2(1)
d: the security or defence of—
i: the self-governing State of the Cook Islands; or
ii: the self-governing State of Niue; or
iii: Tokelau; or
iv: the Ross Dependency; or
e: relations between the Governments of any of the following:
i: New Zealand:
ii: the self-governing State of the Cook Islands:
iii: the self-governing State of Niue; or
f: the international relations of the Government of—
i: the self-governing State of the Cook Islands; or
ii: the self-governing State of Niue non-Crown party
a: means a party to the proceeding that is not, and does not represent, the Crown; and
b: in the case of a specified proceeding that is the hearing of an SI application or another interlocutory application to an authorised court connected with a substantive proceeding, includes a party to the substantive proceeding who is not, and does not represent, the Crown NSI certificate section 41 performing a function intending to perform protective order section 31(3) public service agency section 5 relevant CSI certification
a: section 114(1)(b)
b: section 2AA(1)(c)
c: section 3A(1)(b)
d: section 4A(1)(b) security clearance security information SI
a: classified security information, if one of the following applies to the proceeding:
i: section 113
ii: section 29AB
iii: section 101
iv: section 34
b: in any other proceeding, national security information security information order section 31 SI application section 32(1) special adviser section 15 special advocate section 17 special advocate panel section 16 special procedures section 8(2) special procedures order section 9(1) specially represented party section 10 specified proceeding section 8(3) unsatisfactory conduct section 12 Section 4 security information SI amended 10 May 2023 section 13 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
7: Act does not apply to proceedings under Immigration Act 2009
Immigration Act 2009 section 7
2: Procedures to protect security information in proceedings
Preliminary
8: Application of special procedures to certain proceedings
1: The special procedures described in subsection (2) apply to proceedings or parts of proceedings before an authorised court that are specified proceedings (as set out in subsection (3)).
2: The special procedures
a: sections 10 16 to 24
b: section 11
c: section 12
d: sections 13 14
e: sections 15 25 to 27
3: A specified proceeding Civil proceedings: national security information or classified security information
a: the hearing of an SI application ( see section 32 Criminal proceedings: national security information
b: a non-party disclosure hearing to which section 26B
c: the hearing of an application to which section 30A
d: the hearing of an application referred to in section 78(2A) 101(2A) section 113A Special procedures order: national security information or classified security information
e: a proceeding in respect of which the court makes an order under section 9
9: Court may make special procedures order applying special procedures to proceeding
1: An authorised court may make an order (a special procedures order section 8(2)
2: The court may make a special procedures order in connection with the following proceedings:
a: a civil proceeding to which an SI application relates ( see section 36 section 38
b: an application to the court for judicial review of the issue of an NSI certificate, or an appeal from an interlocutory or a final order made in respect of that application:
c: an appeal to the court from a decision made by another authorised court in a specified proceeding set out in section 8(3)
3: A special procedures order may be made in respect of the whole or any part of the proceeding. Special procedures generally
10: Entitlement to special advocate
1: The authorised court must appoint a special advocate in accordance with sections 16 to 18
2: However, if the court is satisfied that withholding the security information at issue in the specified proceeding from the party and the party’s lawyer, in accordance with this Part, would not have any unfairly prejudicial effect on the party, the court is not required to make the appointment (for example, a special advocate may not be required for a non-Crown party who is one of several non-Crown parties and who is not affected by the matters relating to the security information).
3: See sections 19 to 24
11: Hearing closed while security information considered
1: An oral hearing in the specified proceeding in which security information is being considered must be a closed hearing.
2: Any person not excluded from a hearing must ensure that the confidentiality of the security information considered in the hearing remains protected. 1992 No 92 s 29AB(1) 2002 No 34 s 38(3)(b) 2005 No 82 s 123(2)(b) 2013 No 91 s 111(2)(b)
12: Obligation to give court, special advocate, and special adviser access to security information
1: The Crown must give the authorised court access to any security information at issue in the specified proceeding.
2: The Crown must also give access to the security information to—
a: any special advocate appointed to act on behalf of a non-Crown party to the specified proceeding; and
b: any special adviser appointed for the purposes of advising the court in relation to the specified proceeding.
3: However, the Crown is not required to give access to the security information to the special advocate or special adviser if, or to the extent that, the court is satisfied that withholding the information from the special advocate or special adviser would not have any unfairly prejudicial effect on the party or the proceeding (for example, because the information is not admissible under the Evidence Act 2006
4: See sections 21 22 26
13: Summary to be given to authorised court and relevant participants
1: For the purposes of the specified proceeding, the Crown must give a written summary of the security information at issue to any non-Crown party to the specified proceeding.
2: In addition, for the purposes of the specified proceeding, the Crown must give a copy of the summary to—
a: the authorised court; and
b: any special advocate appointed to act on behalf of a non-Crown party to the specified proceeding; and
c: any special adviser appointed for the purposes of advising the court in relation to the specified proceeding.
3: The summary, as well as any summary modified under subsection (4) or section 14
4: At any time, the court may consider whether to modify (or to direct the Crown to modify) the summary given for the purposes of the specified proceeding after having regard to—
a: the security information; and
b: any evidence presented or submissions made to the court by the Crown, the special advocate, or any parties; and
c: any other relevant matter.
5: The court must ensure that a copy of the modified summary (if any) is given to all of the persons entitled to receive the summary under subsections (1) and (2).
14: Waiver or further modification
1: An authorised court may decide to waive the requirement for compliance with section 13(1) and (2)
a: the court is satisfied that a sufficient summary cannot be prepared without disclosing security information; or
b: the Crown has already given a summary under those provisions in a related specified proceeding.
2: If the Crown has already given a summary under those provisions in a related specified proceeding,—
a: the authorised court may decide, having regard to the matters in section 13(4)
b: section 13(5)
15: Appointment of special advisers
1: An authorised court may appoint a special adviser for the purposes of advising the court about national security, or related issues, in relation to a specified proceeding.
2: See sections 25 to 27 Special advocate: appointment
16: Lawyers who may be appointed as special advocates
1: The designated agency must maintain a panel of lawyers who may be appointed as special advocates under this Part.
2: The designated agency may include a person on the panel if—
a: the person is a lawyer; and
b: the person holds an appropriate security clearance; and
c: the designated agency is satisfied that the person has suitable knowledge and experience to be a special advocate.
3: The designated agency may include a person on the panel for 5 years at most, and may renew the person's inclusion on the panel for further periods of 5 years at most.
4: The designated agency must remove a person from the panel—
a: at the request of the person; or
b: if the person ceases to hold an appropriate security clearance; or
c: if the person is suspended from practice as a barrister, a solicitor, or both under the Lawyers and Conveyancers Act 2006
d: if the person ceases to be a lawyer.
17: Process for appointing special advocate
Preliminary steps
1: An authorised court must notify the designated agency of the name and contact details of any non-Crown party to a specified proceeding as soon as practicable after the court makes a special procedures order or otherwise becomes aware that the proceeding is a specified proceeding.
2: The designated agency must provide the party with a list of the names of lawyers from the special advocate panel who are reasonably available and could be appointed as a special advocate for the party in the proceeding.
3: The party may, by the relevant date, nominate a lawyer from the list as the party’s preferred choice of special advocate.
4: The relevant date Appointment
5: The court must appoint a special advocate from the special advocate panel.
6: If the court considers that the lawyer whom the party has nominated from the list is suitable to be the party’s special advocate, the court must appoint that lawyer.
7: The appointment of a special advocate is on the terms that the court directs. Section not applicable if unnecessary to avoid unfairly prejudicial effect
8: This section does not apply in relation to a non-Crown party if the court decides under section 10(2)
18: Reappointment of special advocate for related specified proceedings
1: If a lawyer is appointed as a special advocate to act on behalf of a non-Crown party to a specified proceeding,—
a: the lawyer may be reappointed as the special advocate for the non-Crown party for the purposes of any later related specified proceeding; and
b: if that lawyer is to be reappointed, the process for appointing a special advocate in section 17
2: The reappointment of a special advocate is to be on the terms that the court directs.
3: The court must not reappoint a lawyer who has been removed from the special advocate panel.
4: Nothing in this section limits the application of section 45 Special advocate: role, powers, and functions
19: Role of special advocate
The role of a special advocate is to act in the interests of the specially represented party for the purposes of the closed hearing of the specified proceeding.
20: Functions of special advocate related to role
1: Except as otherwise provided by sections 21 22
2: The functions of the special advocate include—
a: examining and cross-examining witnesses; and
b: making oral and written submissions to the authorised court concerned; and
c: preparing and making applications (including commencing related proceedings) on behalf of the specially represented party; and
d: assisting in the settlement of the substantive proceeding to which the specified proceeding is connected. Special advocate: access to and communications about security information
21: Duty to maintain confidentiality of security information
1: At all times a special advocate—
a: must ensure that the confidentiality of the security information to which the special advocate has access under section 12
b: must not disclose the security information to the specially represented party or that party’s lawyer; and
c: may disclose the security information to any person only in accordance with section 22
2: See section 78AA
22: Communication between special advocate and other persons about security information
1: After the Crown gives a special advocate access to security information under section 12
2: The special advocate may communicate about the security information, without the need for any directions of the court, only with—
a: the court:
b: persons who are representatives of the Crown for the purposes of the specified proceeding and who hold an appropriate security clearance, including (if relevant) the Crown prosecutor.
3: The special advocate may communicate about any matter connected with the specified proceeding with any of the following persons ( relevant persons
a: the specially represented party:
b: that party’s lawyer:
c: any other person not referred to in subsection (2).
4: Before giving directions under subsection (3), the court must give the Crown, the special advocate, and any other party the opportunity to make submissions in relation to the application, the proposed direction, and the proposed terms and conditions.
5: Directions under this section may be given on any terms and conditions that the court is satisfied are appropriate—
a: to maintain effective oversight by the court of communications relating to the security information between the special advocate and relevant persons; and
b: to allow efficient and effective communication between the special advocate and those persons to the extent possible without the special advocate disclosing the security information.
6: Examples of the directions the court may give include directions—
a: allowing communication with a relevant person in accordance with a communication plan that sets out how communication on different matters may be dealt with; or
b: allowing unlimited communication with a relevant person about certain matters but not others; or
c: requiring the special advocate to submit, for the approval of the court, all proposed communications with a relevant person in writing before the communications are forwarded to the person (with or without amendment by the court). Special advocate: liability and costs
23: Protection of special advocates from liability
1: A special advocate is not guilty of misconduct or unsatisfactory conduct for any act done or omitted by the special advocate in accordance with this Act.
2: This Act applies despite the requirements of any practice rules made under the Lawyers and Conveyancers Act 2006
3: A special advocate is immune from liability for any act done or omitted, in good faith, when performing a function of the special advocate under this Act, or when intending to perform such a function.
24: Costs of special advocate
1: The designated agency must meet out of money appropriated by Parliament for the purpose the actual and reasonable costs of the special advocate on a basis—
a: agreed between the special advocate and the designated agency; or
b: determined by the authorised court (if there is no agreement between the special advocate and the designated agency).
2: However, the court may, if satisfied that the circumstances of the case warrant it, include part or all of the costs of the special advocate in an award of costs against any party. Special advisers
25: Person appointed as special adviser
1: The court may only appoint as a special adviser under section 15
2: The court may terminate the appointment if satisfied that the special adviser has become unable or unsuitable to carry out the role (for example, because of incapacity, misconduct, or bankruptcy).
26: Duty to maintain confidentiality of security information
1: At all times a special adviser must ensure that the confidentiality of the security information to which the special adviser has access under section 12
2: See section 78AA
27: Costs of special adviser
The designated agency must meet out of money appropriated by Parliament for the purpose the actual and reasonable costs of a special adviser on a basis—
a: agreed between the special adviser and the designated agency; or
b: determined by the authorised court (if there is no agreement between the special adviser and the designated agency). Agreed general practices and procedures
28: Agreed general practices and procedures
1: The Chief Justice and the Attorney-General may, as soon as practicable after the commencement of this section, agree on any general practices and procedures that may be necessary—
a: to implement the special procedures; and
b: to ensure that security information is protected at all times.
2: The Chief Justice and the Attorney-General may revise the general practices and procedures from time to time.
3: The general practices and procedures include practices and procedures relating to any of the following:
a: physical and electronic protection of the information during specified proceedings:
b: how the information may be provided to an authorised court:
c: preservation of the integrity of the information until any appeals are withdrawn or finally determined:
d: how the information must be dealt with following the withdrawal or final determination of the proceedings or appeal. 1992 No 92 s 29AC 2002 No 34 s 40 2005 No 82 s 125 2013 No 91 s 113
3: Security information in civil proceedings
Application, overview of Part, and definitions
29: Application of Part
This Part applies in relation to the following civil proceedings:
a: a civil proceeding described in one of the following, in which the Crown proposes to present classified security information:
i: section 113(1)
ii: section 29AA(1)
iii: section 101(1)
iv: section 34(1)
b: any civil proceeding in which NSI is or may be at issue in the proceeding. Section 29(a)(iv) editorial change 8 May 2025 sections 86(1) 87(l)(iii) and (iv) Legislation Act 2019
30: Overview of SI application process
1: This Part sets out the process by which the Crown may apply for orders to protect the confidentiality of security information in or in connection with a civil proceeding.
2: When the Crown makes an application, the standard process involves the authorised court considering whether the information to which the application relates is security information and, if appropriate, making security information orders to protect the confidentiality of the information.
3: This Part also includes the following features:
a: the Crown, when making an application, may submit an NSI certificate identifying the information as NSI. The certificate has the effect of satisfying the court that the information to which the application relates is security information and limiting the types of security information orders that are available for the court to make:
b: for civil proceedings described in section 29(a)
4: A general overview of the process for the SI application and decision is set out in the diagram in Schedule 2
5: See section 8(3)(a) section 8(2)
6: This section is for explanation only.
31: Security information orders: definitions
What security information orders are
1: A security information order
a: an exclusion order:
b: a special procedures order made under section 9
c: a protective order. Nature of exclusion orders and protective orders
2: An exclusion order
3: A protective order
a: is an order that may be made under other legislation or rules of court to protect the confidentiality of security information by limiting the disclosure of that information, in or in connection with the civil proceeding to which the SI application relates (but does not include an exclusion order or special procedures order); and
b: includes the following:
i: an order requiring the Crown to give to parties and their representatives (or their representatives only), or to enable them to view,—
A: a copy of a document that contains the security information and that has been redacted to the extent necessary to prevent the disclosure of that information; or
B: a copy of a document that summarises the whole or part of the security information and that does not disclose the security information itself; or
C: a copy of a statement of the facts that the whole or part of the security information would (or would be likely to) establish that does not disclose the security information itself:
ii: a suppression order forbidding publication of the security information:
iii: an order that, while security information is being considered in the substantive proceeding, all persons (except for the parties to the proceeding and any other specified persons or class of persons) must be excluded from the hearing. Making of SI application
32: Making of SI application
1: In a civil proceeding to which this Part applies, the Crown may make an application (an SI application
2: The Crown may make an SI application even if the Crown is not a party to the civil proceeding and, in that case, the court must treat the Crown as a party for the purposes of the application.
3: The Crown may make a single SI application that—
a: relates to more than 1 item or type of information; and
b: seeks different orders for different items or types of information.
4: This section is subject to sections 33 34
33: SI application made in substantive proceeding
The Crown may make an SI application in the course of a substantive proceeding that is being heard in the High Court or Employment Court.
34: SI application to Court of Appeal or Supreme Court
1: The Crown may make an SI application in an appeal being heard by a specified appeal court only if a party to the appeal has sought leave of that court to have the information to which the application relates admitted as further evidence.
2: In this section, specified appeal court Consideration of SI application
35: Dismissal of SI application if order not necessary
1: The authorised court may dismiss an SI application on the ground that a security information order is not necessary without deciding whether it is satisfied that the information to which the application relates is security information (for example, because the information is inadmissible in the civil proceeding to which the application relates under any other legislation or rule of law).
2: In the case of a single SI application relating to more than 1 item or type of information, the authorised court may dismiss the application in respect of all of the information or different items or types of information.
36: Power to make security information order
1: This section applies if an authorised court does not dismiss under section 35 37
2: The authorised court must make 1 or more security information orders to protect the confidentiality of the information in the substantive proceedings to which the SI application relates if—
a: the Crown has submitted—
i: the relevant CSI certification under section 40
ii: an NSI certificate issued under section 41
iii: both the certification referred to in subparagraph (i) and the certificate referred to in subparagraph (ii); or
b: the court, in any other case, is satisfied that the information to which the SI application relates is national security information.
3: If the Crown submits an NSI certificate, the only security information orders the court may make under subsection (2) are—
a: an exclusion order; or
b: a special procedures order (together with any 1 or more of the types of protective order set out in section 31(3)(b)(i)
4: This section is subject to section 39
5: Nothing in this section limits the power of an authorised court to make an order ancillary to an order made under this section.
37: Dismissal of SI application if information is not security information
1: The authorised court must dismiss the application if—
a: the Crown has not complied with section 36(2)(a)
b: the court is not satisfied that the information to which the SI application relates is national security information.
2: In the case of a single SI application relating to more than 1 item or type of information, the authorised court may dismiss the application in respect of all of the information or different items or types of information.
38: Matters for consideration when determining type of security information order
The authorised court must consider the following matters in determining which type of security information order or orders to make:
a: whether the proceeding could be fairly determined if an order of a particular type were made:
b: the type or types of order required to adequately protect the national security interests that would be likely to be prejudiced if that type or those types of order were not in place in respect of the security information:
c: whether the public interest in withholding the security information outweighs the public interest of fair and effective administration of justice in disclosing the information in a limited way in accordance with an order.
39: Court need not make security information order if substantive proceeding cannot be fairly determined
Despite section 36(2)
a: dismiss the application; and
b: make 1 or more of the following orders in relation to the substantive proceeding in order to dispose of, or otherwise deal with, the substantive proceeding:
i: an order to strike out the Crown’s statement of claim or statement of defence:
ii: an order to join the Attorney-General as a party to the substantive proceeding:
iii: an order giving judgment against the Crown:
iv: any other related order that the court has jurisdiction to make. Certification supporting SI application relating to classified security information
40: Requirement to submit certification supporting SI application relating to classified security information
1: This section applies if an SI application is made in or in connection with a civil proceeding described in section 29(a)
2: When making the SI application, the Crown must submit to the authorised court the relevant CSI certification in respect of the information to which the SI application relates.
3: The Crown may also submit to the authorised court an NSI certificate in respect of the same information. Certificate supporting SI application relating to NSI
41: Power to issue NSI certificate
The Attorney-General and the Minister of Foreign Affairs may jointly issue a certificate (an NSI certificate
42: Submission of certificate
1: An NSI certificate must be submitted together with the SI application that it supports.
2: However, if the Crown amends the SI application by extending it to an item or a type of information not covered by the original application,—
a: the authorised court may grant the Crown leave to submit to the court an NSI certificate relating to that item or type of information; and
b: if the court grants that leave, the NSI certificate has effect for the purposes of the amended application.
43: Application of sections 9A and 9C of Constitution Act 1986
Despite sections 9A 9C
a: exercise the Attorney-General’s power under section 39
b: delegate that power to a Deputy Solicitor-General. Withdrawal of SI application
44: Withdrawal of SI application
The Crown may withdraw an SI application at any time before it is determined. Further matters: role of Attorney-General and removal to High Court
45: Notice by non-Crown party to Attorney-General of possible disclosure of security information
A party to a civil proceeding who believes that security information may be disclosed in or in connection with the proceeding must, without delay, give written notice of the matter to the Attorney-General (unless the Crown is a party to the proceeding).
46: Removal of proceeding not commenced in High Court
1: If the Attorney-General gives written notice to the District Court that the Crown intends to make an SI application in connection with a civil proceeding before the court, the District Court must, without delay, order that the proceeding be removed to the High Court for determination.
2: If the High Court is satisfied that a proceeding removed to it under this section does not, or will no longer, involve security information, it may order that the proceeding be removed back to the District Court.
3: Without limiting subsection (2), the High Court may order that the proceeding be removed back to the District Court if the Crown does not make an SI application in connection with the proceeding within the relevant period.
4: The relevant period
5: The High Court may impose any conditions that it thinks fit on any order it makes under this section for the removal of proceedings back to the District Court.
6: This section applies to any other court or tribunal that is not an authorised court as if a reference in this section to the District Court were a reference to the other court or tribunal.
47: Right of Attorney-General to intervene
The Attorney-General may intervene in any civil proceeding in relation to matters concerning security information, without any requirement for a court to grant leave to that intervention, if—
a: the Attorney-General believes that security information may be disclosed in or in connection with the proceeding; and
b: the Crown is not a party to the proceeding.


1: Title
This Act is the Security Information in Proceedings (Repeals and Amendments) Act 2022.
2: Commencement
1: This Act comes into force on—
a: the first anniversary of the date of Royal assent; or
b: an earlier date appointed by the Governor-General by Order in Council.
2: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Amendments relating to national security information in criminal proceedings
Amendments to Criminal Disclosure Act 2008
3: Principal Act
Sections 4 to 11 Criminal Disclosure Act 2008 2023-11-28 Criminal Disclosure Act 2008 First anniversary of the date of Royal assent (see section 2(1)(a))
4: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 6 amended (Interpretation)
1: In section 6(1) criminal proceedings 79 or 101 78, 101, or 113A
2: In section 6(1) national security interests section 4
6: Section 16 amended (Reasons for withholding information)
1: After section 16(1)(d)
da: the information is subject to sections 109A and 109B
2: Replace section 16(1)(g)
g: disclosure of the information would be likely to prejudice national security interests; or
7: New section 26B inserted (National security interests: notification and hearing when non-party is Crown)
After section 26A section 8
26B: National security interests: notification and hearing when non-party is Crown
1: This section applies in relation to a non-party disclosure hearing granted under section 25 if the Crown—
a: is served with the application for the hearing under section 26(1) or (2) or 26A
b: is satisfied that disclosure of all or part of the information sought by the defendant should be refused because its disclosure would be likely to prejudice national security interests.
2: As soon as practicable after being served with the application, the Crown must notify the court before which the proceedings are being conducted that the Crown—
a: has been served with the application; and
b: is satisfied of the matter referred to in subsection (1)(b)
3: The non-party disclosure hearing must be conducted by the High Court.
4: The non-party disclosure hearing is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2
5: In this section, Crown
a: the Crown (within the meaning of section 4
b: a Crown agent (within the meaning of section 10(1) of the Crown Entities Act 2004).
8: Section 28 amended, renumbered as section 26A, and repositioned (Procedure if Judge subsequently satisfied that another person holds information sought)
1: In section 28(1) a non-party an application for a non-party
2: Renumber section 28 as section 26A
9: Section 29 amended (Determination of court following non-party disclosure hearing)
After section 29(6)
6A: See
a: section 147A
b: section 146A
10: New section 30A inserted (National security interests: application for order under section 30)
After section 30
30A: National security interests: application for order under section 30
1: This section applies to an application for an order under section 30 that information be disclosed if the prosecutor refused to disclose the information in reliance on section 16(1)(g)
2: The defendant may only make the application to the High Court.
3: The prosecutor must notify the Solicitor-General as soon as practicable after becoming aware that the defendant has made the application.
4: The non-party disclosure hearing is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2
5: See
a: section 146A
b: section 147A
11: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1 Amendments to Criminal Procedure Act 2011
12: Principal Act
Sections 13 to 31 Criminal Procedure Act 2011 2023-11-28 Criminal Procedure Act 2011 First anniversary of the date of Royal assent (see section 2(1)(a))
13: Section 5 amended (Interpretation)
In section 5 evidence based on national security information section 5A national security information section 4 national security interests section 4
14: Section 5A replaced (Transitional, savings, and related provisions)
Replace section 5A
5A: Interpretation: evidence based on national security information
In this Act, evidence is evidence based on national security information
a: a document that contains national security information and that has been redacted to the extent necessary to prevent the disclosure of that information:
b: a written summary of national security information that does not disclose that information:
c: an agreed statement of the facts that the whole or part of the national security information establishes that does not disclose that information.
15: Section 78 amended (Court may order pre-trial admissibility hearing if trial to be Judge-alone trial)
1: After section 78(2)
2A: Subsection (2B)
a: the Judge-alone trial is for—
i: a category 4 offence; or
ii: a specified category 3 offence; or
iii: one of the following offences and the High Court grants leave for the application to be made:
A: a category 3 offence that is not a specified category 3 offence:
B: an offence against section 48 of the Health and Safety at Work Act 2015
b: either party asserts that the evidence is evidence based on national security information.
2B: If this subsection applies,—
a: the party must notify the Solicitor-General that it intends to make the application under subsection (2); and
b: the application under subsection (2) must be made to the High Court.
2: Replace section 78(4)
4: The court may grant a pre-trial admissibility hearing if—
a: the court is satisfied that it is more convenient to deal with the issues before the trial and—
i: the evidence raises a complex admissibility issue and the decision about whether it is admissible is likely to make a substantial difference to the overall conduct of the proceeding; or
ii: the outcome of the pre-trial admissibility hearing may obviate the need for a trial; or
b: the court is satisfied that the complainant or witness is particularly vulnerable and resolving the admissibility issue is in the interests of justice; or
c: the trial is to be in the District Court and the evidence has been obtained under an order made, or warrant issued, by the High Court; or
d: the application is an application to which subsection (2A)
3: In section 78(6) (4)(c) or (d)
4: After section 78(6)
7: In this section, specified category 3 offence
a: is punishable by imprisonment for life or by imprisonment for 7 years or more; or
b: if committed by a body corporate, is punishable only by a fine, but that, if committed by an individual, would be punishable by imprisonment for life or by imprisonment for 7 years or more.
16: New section 79A inserted (Pre-trial admissibility hearing: national security information)
After section 79
79A: Pre-trial admissibility hearing: national security information
1: This section applies in relation to a pre-trial admissibility hearing under section 79 if the application for the hearing is an application to which section 78(2A)
2: The hearing is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2
3: The High Court may make an order under section 79(2) that evidence based on national security information is admissible only if satisfied that—
a: the requirements of section 79 are met; and
b: the national security interests that would be likely to be prejudiced by fully disclosing the national security information will be adequately protected.
4: Nothing in this section affects the discretion of the court to make any additional orders it thinks fit to protect the confidentiality of national security information (for example, an order under section 197 (power to clear court) or 205 (court may suppress evidence and submissions)).
17: Section 84 amended (Persons who may give evidence under assumed name)
1: In the heading to section 84 assumed name or anonymously
2: After section 84(1)
1A: An intelligence officer or intelligence source (as those terms are defined in section 109A
a: may make a formal statement,—
i: in the case of an intelligence officer who has acquired an assumed identity under subpart 1 of Part 3 of the Intelligence and Security Act 2017, in the name of their assumed identity; or
ii: in any other case, using the term “witness” followed by an initial or a mark; and
b: may authenticate that statement, or any record of evidence prepared under section 99, in that name or manner.
18: Section 90 amended (Application for oral evidence order)
In section 90(3)(b) 91(b) 91(3)
19: Section 91 replaced (Application for leave to question undercover Police officer’s identity must be dealt with by High Court)
Replace section 91
91: Application for leave to question identity of undercover Police officer or intelligence witness to be determined by High Court
1: This section applies if the defendant wishes to apply,—
a: under section 109(1)(d) of the Evidence Act 2006, for leave to put any questions relating to the identity of a witness called by the prosecutor who is an undercover Police officer; or
b: under section 109B(2)
2: The application must be made at the same time as the application is made for an oral evidence order allowing the oral examination of the person to whom those questions are proposed to be put.
3: Both the application referred to in subsection (1)
20: Section 94 amended (Withdrawal of charge if oral evidence order made for examination of undercover Police officer)
1: In the heading to section 94 officer or intelligence witness
2: In section 94(1)(b) section 109(1)(d) or 109B(2)
21: Section 101 amended (Pre-trial order relating to admissibility of evidence: jury trial)
1: After section 101(2)
2A: Subsection (2B)
a: it relates to a jury trial for—
i: a category 4 offence; or
ii: a specified category 3 offence; or
iii: any other category 3 offence and the High Court grants leave for the application to be made; and
b: either party asserts that evidence to which the application relates is evidence based on national security information.
2B: If this subsection applies, the party must notify the Solicitor-General that it intends to make the application under subsection (2).
2: Replace section 101(7)
7: The application must be made to the High Court if—
a: the evidence has been obtained under an order made, or a warrant issued, by the High Court; or
b: it is an application to which subsection (2A)
8: In this section, specified category 3 offence
a: is punishable by imprisonment for life or by imprisonment for 7 years or more; or
b: if committed by a body corporate, is punishable only by a fine, but that, if committed by an individual, would be punishable by imprisonment for life or by imprisonment for 7 years or more.
22: New section 101A inserted (National security information: pre-trial hearing and order)
After section 101
101A: National security information: pre-trial hearing and order
1: This section applies in relation to a hearing of an application for a pre-trial order if the application is an application referred to in section 101(2A)(b)
2: The hearing is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2
3: The High Court may make an order under section 101(5) that evidence that is based on national security information is admissible only if satisfied that—
a: the requirements of section 101 are met; and
b: the national security interests that would be likely to be prejudiced by fully disclosing the national security information will be adequately protected.
4: Nothing in this section affects the discretion of the court to make any additional orders it thinks fit to protect the confidentiality of national security information (for example, an order under section 197 (power to clear court) or 205 (court may suppress evidence and submissions)).
23: Section 112 amended (Court must dismiss charge in certain cases)
In section 112(1) section 109(1)(d) or 109B(2)
24: New section 113A and cross-heading inserted
After section 113 Evidence based on national security information
113A: National security information: admissibility hearing in course of trial
1: This section applies if—
a: the proceedings are for—
i: a category 4 offence; or
ii: a specified category 3 offence; or
iii: 1 or more of the following offences and the High Court grants leave for the application to be made:
A: a category 3 offence that is not a specified category 3 offence:
B: an offence against section 48 of the Health and Safety at Work Act 2015
b: either party asserts that evidence that it or the other party wishes to adduce, during the trial, is evidence based on national security information.
2: The party may apply to the High Court for an order to the effect that the evidence is admissible.
3: The party must notify the Solicitor-General that it intends to make the application before the application is made.
4: The High Court must give each party an opportunity to be heard in respect of the application before deciding whether to make the order.
5: The hearing of the application is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2
6: The High Court may order that the evidence based on national security information is admissible if the court is satisfied that—
a: the evidence is admissible; and
b: the national security interests that would be likely to be prejudiced by fully disclosing the national security information will be adequately protected.
7: The court may make an order under this section on any terms and subject to any conditions that the court thinks fit.
8: Nothing in this section affects the discretion of the court to make any additional orders it thinks fit to protect the confidentiality of national security information (for example, an order under section 197 (power to clear court) or 205 (court may suppress evidence and submissions)).
9: In this section, specified category 3 offence
a: is punishable by imprisonment for life or by imprisonment for 7 years or more; or
b: if committed by a body corporate, is punishable only by a fine, but that, if committed by an individual, would be punishable by imprisonment for life or by imprisonment for 7 years or more.
25: Section 146 amended (Withdrawal of charge)
In the heading to section 146 charge generally
26: New section 146A inserted (Withdrawal of charge due to risk to national security interests)
After section 146
146A: Withdrawal of charge due to risk to national security interests
1: A prosecutor conducting a public prosecution may withdraw a charge before the trial, without the leave of the court, if—
a: the High Court (or, on appeal, the Court of Appeal or the Supreme Court) makes an order under section 29 or 30 of the Criminal Disclosure Act 2008 requiring disclosure of information to the defendant in the proceedings; and
b: the prosecutor is satisfied that the disclosure of the information would be likely to prejudice national security interests.
2: The withdrawal of a charge under this section is not a bar to any other proceeding in the same matter.
3: Nothing in this section prevents a charge from being withdrawn before the trial under section 192 as an alternative to withdrawal under this section.
27: Section 147 amended (Dismissal of charge)
In the heading to section 147 charge generally
28: New section 147A inserted (Dismissal of charge when information withheld due to risk to national security interests)
After section 147
147A: Dismissal of charge when information withheld due to risk to national security interests
1: Without limiting section 147, a court may dismiss a charge under that section if—
a: the High Court (or, on appeal, the Court of Appeal or Supreme Court) refuses to make a relevant order because it is satisfied that disclosure of the information concerned would prejudice national security interests; and
b: the court is satisfied that withholding the information creates a real risk of prejudice to a fair trial.
2: In this section, relevant order
29: Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
In section 215(2)(c) section 109(1)(d) or 109B(2)
30: Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
In section 217(2)(j) section 109(1)(d) or 109B(2)
31: Schedule 1AA amended
1: In the Schedule 1AA 5A,
2: In Schedule 1AA
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.
2: Amendments relating to classified security information: administrative requirements and proceedings
Amendments to Overseas Investment Act 2005
32: Principal Act
Sections 33 to 36 Overseas Investment Act 2005 2023-11-28 Overseas Investment Act 2005 First anniversary of the date of Royal assent (see section 2(1)(a))
33: Section 4 amended (Overview)
In section 4(1)(c)(iii) classified security
34: Section 6 amended (Interpretation)
In section 6(1) classified security information section 114
35: Subpart 3 of Part 3 replaced
Replace subpart 3
3: Protection of classified security information
113: Proceedings involving classified security information
1: This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.
2: If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 114(1)(b)
3: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) section 41 section 36(3)
4: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4
114: Meaning of classified security information
1: In this Act, classified security information
a: that is held by an agency listed in section 126(2); and
b: that the head of the agency (in the case of information held by an intelligence or security agency) or the Attorney-General (in the case of information held by any other agency) certifies in writing cannot be disclosed (except as authorised by or under an Act or other rule of law) because, in the opinion of the head of the agency or the Attorney-General (as applicable),—
i: the information is information of a kind specified in subsection (2)
ii: disclosure of the information would be disclosure of a kind specified in subsection (3)
2: Information falls within subsection (1)(b)(i)
a: might lead to the identification of, or provide details of,—
i: the source of the information; or
ii: the nature, content, or scope of the information; or
iii: the nature or type of the assistance or operational methods available to the agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the agency; or
c: has been provided to the agency by the Government of another country or by an agency of such a Government or by an international organisation, and is information that cannot be disclosed by the agency because the Government, agency, or organisation that provided the information will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)(b)(ii)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or by an agency of such a Government or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: to endanger the safety of any person.
36: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments. Amendments to Passports Act 1992
37: Principal Act
Sections 38 to 45 Passports Act 1992 2023-11-28 Passports Act 1992 First anniversary of the date of Royal assent (see section 2(1)(a))
38: Section 2 amended (Interpretation)
In section 2 classified security information section 2AA CSI summary section 27GC(1)(d)(ii) Director-General of an intelligence and security agency section 4 of the Intelligence and Security Act 2017 intelligence and security agency section 4 of the Intelligence and Security Act 2017 specified agency
a: an intelligence and security agency; or
b: the New Zealand Police
39: New section 2AA inserted (Meaning of classified security information)
After section 2
2AA: Meaning of classified security information
1: In this Act, classified security information
a: that is relevant to whether there are or may be grounds for believing that—
i: the person concerned is a danger to the security of New Zealand or another country because the person intends to carry out, engage in, or facilitate an activity of a kind described in section 27GA(1)(a) or (2)(a); or
ii: the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out the intended activity; or
iii: the danger to the security of New Zealand or the other country cannot be effectively averted by other means; and
b: that is held by a specified agency; and
c: that the head of the specified agency certifies in writing cannot be disclosed (except as authorised by or under an Act or other rule of law) because, in the opinion of the head of the specified agency,—
i: the information is information of a kind specified in subsection (2)
ii: disclosure of the information would be disclosure of a kind specified in subsection (3)
2: Information falls within subsection (1)(c)(i)
a: might lead to the identification of, or provide details of,—
i: the source of the information; or
ii: the nature, content, or scope of the information; or
iii: the nature or type of the assistance or operational methods available to the specified agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the specified agency; or
c: has been provided to the specified agency by the Government of another country or by an agency of such a Government or by an international organisation, and is information that cannot be disclosed by the specified agency because the Government, agency, or organisation that provided the information will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)(c)(ii)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or by an agency of such a Government or by an international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: to endanger the safety of any person.
40: Section 27GC amended (Person to be notified of action taken under section 27GA)
Replace section 27GC(1)
1: If the Minister takes an action specified in section 27GA(3) in relation to a person, the Minister must, as soon as practicable, notify the person of the following:
a: the action that has been taken:
b: the date on which the decision to take that action was made:
c: the reasons for making that decision (except those parts of the reasons that would disclose classified security information):
d: if the Minister relied on classified security information in making the decision,—
i: that the Minister relied on that kind of information in making the decision; and
ii: that the person may request that a summary (a CSI summary section 27GCA
e: the period during which the person is not entitled to obtain a New Zealand travel document.
41: New section 27GCA inserted (CSI summary)
After section 27GC
27GCA: CSI summary
1: The purpose of a CSI summary is to enable the person referred to in section 27GC(1)
a: the classified security information the Minister relied on in making the decision (without that information being disclosed to the person); and
b: the reasons for the decision based on that information.
2: If the person requests a CSI summary,—
a: the Minister and the head of the specified agency that holds the information must agree on the contents of the summary; and
b: the Minister must provide the agreed summary to the person within a reasonable time.
3: However, the Minister may refuse to provide a CSI summary if the Minister and the head of the specified agency are not satisfied that a summary can be provided that is sufficient to meet its purpose without disclosing classified security information.
42: New section 27GFA inserted (Notification to Inspector-General of Intelligence and Security of provision of classified security information)
After section 27GF
27GFA: Notification to Inspector-General of Intelligence and Security of provision of classified security information
1: The Director-General of an intelligence and security agency must notify the Inspector-General of Intelligence and Security if the agency provides classified security information to the Minister or department to assist the Minister in deciding whether to take an action specified in section 27GA(3) in relation to a person.
2: The Director-General must make the notification as soon as practicable after providing the classified security information to assist the Minister.
3: In this section, department
43: Section 29AA amended (Proceedings where national or international security involved)
1: In section 29AA(2)(b)(ii) to cancel or retain the cancellation or retention of
2: Repeal section 29AA(4) to (7)
44: Sections 29AB and 29AC replaced
Replace sections 29AB 29AC
29AB: Proceedings involving classified security information
1: If the Crown proposes to present classified security information in section 29AA proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 2AA(1)(c)
2: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (1) section 41 section 36(3)
3: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4 section 29AA proceedings
45: Schedule 1 amended
1: In Schedule 1
Part 1: Provisions relating to Passports Amendment Act 2015
2: In Schedule 1
a: insert the Part set out in Schedule 4
b: make all necessary consequential amendments. Amendments to Telecommunications (Interception Capability and Security) Act 2013
46: Principal Act
Sections 47 to 61 Telecommunications (Interception Capability and Security) Act 2013 2023-11-28 Telecommunications (Interception Capability and Security) Act 2013 First anniversary of the date of Royal assent (see section 2(1)(a))
47: Section 3 amended (Interpretation)
In section 3(1) classified information classified security information section 3A
48: New sections 3A and 3B inserted
After section 3
3A: Meaning of classified security information
1: In this Act, classified security information
a: that is held by a surveillance agency; and
b: that the head of the surveillance agency certifies in writing cannot be disclosed (except as authorised by or under an Act or other rule of law) because, in the opinion of the head of the surveillance agency,—
i: the information is information of a kind specified in subsection (2)
ii: disclosure of the information would be disclosure of a kind specified in subsection (3)
2: Information falls within subsection (1)(b)(i)
a: might lead to the identification of, or provide details of,—
i: the source of the information; or
ii: the nature, content, or scope of the information; or
iii: the nature or type of the assistance or operational methods available to the surveillance agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the surveillance agency; or
c: has been provided to the surveillance agency by the Government of another country or by an agency of such a Government or by an international organisation, and is information that cannot be disclosed by the surveillance agency because the Government, agency, or organisation that provided the information will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)(b)(ii)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or any agency of such a Government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: to endanger the safety of any person.
3B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
49: Section 19 amended (Direction)
1: In section 19(3) in writing by written notice
2: After section 19(5)
5A: See subpart 7
50: Section 32 amended (Decision-making process)
1: Repeal section 32(4)
2: After section 32(5)
6: The reasons for the decision must be set out in the written notice, except those parts of the reasons that would reveal classified security information.
7: See subpart 7
51: Section 36 amended (Decision-making process)
1: Repeal section 36(5)
2: After section 36(6)
7: The reasons for the decision must be set out in the written notice, except those parts of the reasons that would reveal classified security information.
8: See subpart 7
52: Section 39 amended (Review)
1: In section 39(6) classified security
2: After section 39(6)
7: See subpart 7
53: Section 40 amended (Direction notice)
1: In section 40(1) classified security
2: After section 40(2)
2A: See subpart 7
54: New subpart 7 of Part 2 inserted
After section 44
7: Provisions that apply when classified security information used in decisions
44A: Application and interpretation
1: This subpart applies in relation to the relevant decisions.
2: In this subpart,— affected party decision maker relevant decision
a: a decision of the Minister to make a direction under section 19:
b: a decision of a designated officer or the Minister under section 29 or 34 to grant, vary, or revoke an exemption:
c: a decision of the Minister to make a direction under section 38:
d: a decision of a review panel as to recommendations under section 39.
44B: Written notice and summary of classified security information
1: If a decision maker relies on classified security information in making a relevant decision, the written notice of the decision must state that—
a: the decision maker relied on that kind of information; and
b: the affected party may request a summary (a CSI summary
c: the affected party may be able to make a complaint to the Inspector-General of Intelligence and Security under section 171 of the Intelligence and Security Act 2017 in relation to any advice given to the decision maker by an intelligence and security agency.
2: The purpose of the CSI summary is to enable the affected party to have a sufficient understanding of—
a: the classified security information the decision maker relied on in making the decision (without that information being disclosed to the affected party); and
b: the reasons for the decision based on that information.
3: If the affected party requests a CSI summary,—
a: the decision maker and the head of the surveillance agency that holds the classified security information must agree on the contents of a summary; and
b: the decision maker must provide the agreed summary to the affected party within a reasonable time.
4: However, the decision maker may refuse to provide a CSI summary if the decision maker and the head of the surveillance agency are satisfied that a summary cannot be provided that is sufficient to meet its purpose without disclosing classified security information.
55: Section 56 amended (Review by Commissioner of Intelligence Warrants)
In section 56(2) and (4)(b) classified security
56: Section 57 amended (Minister may make direction)
In section 57(5) classified security
57: New section 57A inserted (Provisions that apply when classified security information used or provided for decisions)
After section 57
57A: Provisions that apply when classified security information used or provided for decisions
Subpart 7 of Part 2
58: Subpart 8 of Part 4 replaced
Replace subpart 8
8: Classified security information in proceedings
101: Proceedings involving classified security information
1: This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.
2: If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 3A(1)(b)
3: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) section 41 section 36(3)
4: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4
59: Section 123 amended (Consequential amendments)
In section 123 the Schedule Schedule 1
60: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 5
61: Schedule amended
In the Schedule Schedule Schedule 1 Amendments to Terrorism Suppression Act 2002
62: Principal Act
Sections 63 to 84 Terrorism Suppression Act 2002 2023-11-28 Terrorism Suppression Act 2002 First anniversary of the date of Royal assent (see section 2(1)(a))
63: Section 4 amended (Interpretation)
In section 4(1) classified security information section 32(1) section 4A
64: New section 4A inserted (Classified security information defined)
After section 4
4A: Classified security information defined
(1): In this Act, classified security information
a: that is held by a specified agency; and
b: that the head of the specified agency certifies in writing (in the prescribed form (if any)) cannot be disclosed (except as authorised by or under an Act or other rule of law) because, in the opinion of the head of the specified agency,—
i: the information is information of a kind specified in subsection (2)
ii: disclosure of the information would be disclosure of a kind specified in subsection (3)
2: Information falls within subsection (1)(b)(i)
a: might lead to the identification of, or provide details of,—
i: the source of the information; or
ii: the nature, content, or scope of the information; or
iii: the nature or type of the assistance or operational methods available to the agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the specified agency; or
c: has been provided to the specified agency by the Government of another country or by an agency of such a Government or by an international organisation, and is information that cannot be disclosed by the specified agency because the Government, agency, or organisation that provided the information will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)(b)(ii)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or any agency of such a Government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial; or
d: to endanger the safety of any person.
65: Section 21 amended (Further provisions relating to interim designation)
In section 21(e) and (f) section 34 section 29C
66: Section 23 amended (Further provisions relating to final designation)
In section 23(h) section 34 section 29C
67: Section 26 amended (Content of notice to designated entity)
1: In section 26(c) section 35 section 29B
2: After section 26(d)
da: must, if the Prime Minister relied on classified security information in making the designation, state that—
i: the Prime Minister relied on that kind of information; and
ii: the entity may request a summary of the classified security information under section 31
68: Section 27 amended (Content of notice to public and others)
In section 27(2)(c) section 35 section 29B
69: Section 29A amended (Changes of description of designated entities)
In section 29A(4) section 35(1) section 29B(1)
70: New cross-heading above section 29B (as renumbered and repositioned by section 78 of this Act) inserted
Immediately after section 29A Expiry, renewal, and revocation of designations
71: New section 29D inserted (Notification of decisions about expiry or revocation of designations)
After section 29C section 77
29D: Notification of decisions about expiry or revocation of designations
Expiry or revocation of designation
1: If a designation under this Act expires or is revoked under section 29B 29C, or 35D
a: ensure that notice of the expiry or revocation is published in the Gazette
b: take all reasonable steps to ensure that notice of the expiry or revocation is given, in the manner and form required by section 21(d) or 23(f), to every person and body—
i: to whom notice of the designation was given under section 21(d) or 23(f); and
ii: who is not already aware of the expiry or revocation. Decision to decline application for revocation of designation
2: If the Prime Minister declines an application for revocation of a designation, the Prime Minister must take all reasonable steps to ensure that notice of the decision is given to the applicant (in the prescribed manner and form (if any)) with all reasonable speed.
3: If the applicant is the designated entity, or a representative of the designated entity, and the Prime Minister relied on classified security information in declining the application, the notice must state that—
a: the Prime Minister relied on that kind of information; and
b: the entity may request that a summary of the classified security information be provided to them under section 31 Decision under section 35D that designation continues to be justified
4: If the Prime Minister decides that the result of a review under section 35D
5: If the Prime Minister relied on classified security information in deciding that the result of a review under section 35D
a: the Prime Minister relied on that kind of information; and
b: the entity may request that a summary of the classified security information be provided to them under section 31. Section 71 amended 10 May 2023 section 15(1) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 71 amended 10 May 2023 section 15(2) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 71 amended 10 May 2023 section 15(3) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 71 amended 10 May 2023 section 15(4) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
72: Cross-heading above section 30 replaced
Replace the cross-heading above section 30 Material on which designations, renewals, or revocations may be based
73: Section 30 amended (Information available to Prime Minister)
In section 30 34, 35, 29B, 29C, Section 73 replaced 10 May 2023 section 16 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
74: New sections 31 and 31A and cross-heading inserted
After section 30 Additional requirements where classified security information used in certain decisions
31: Provision of summary of classified security information
1: This section applies if a designated terrorist entity requests a summary (as referred to in section 26(da) or section 29D(3)(b) or (5)(b)
a: to make a designation under section 20 or 22; or
b: to decline an application for revocation of a designation under section 29C; or
c: the result of a review under section 35D
2: The purpose of the summary is to enable the designated terrorist entity to have a sufficient understanding of the classified security information the Prime Minister relied on in making the decision (without that information being disclosed to the entity).
3: If the designated terrorist entity requests a summary,—
a: the Prime Minister and the head of the specified agency that holds the classified security information must agree on the contents of the summary; and
b: the Prime Minister must provide the agreed summary to the entity with all reasonable speed.
4: However, the Prime Minister may refuse to provide a summary if the Prime Minister and the head of the specified agency are not satisfied that a summary can be provided that is sufficient to meet its purpose without disclosing classified security information.
31A: Notification to Inspector-General of Intelligence and Security of provision of classified security information
1: The Director-General of an intelligence and security agency must notify the Inspector-General of Intelligence and Security if the agency provides classified security information to the Prime Minister or department to assist the Prime Minister to decide whether to—
a: make a designation under section 20 or 22 in relation to an entity; or
b: to decline an application for revocation of a designation under section 29C; or
c: the result of a review under section 35D
2: The Director-General must make the notification as soon as practicable after providing the classified security information to assist the Prime Minister.
3: In this section, department Section 74 amended 10 May 2023 section 17(1) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 74 amended 10 May 2023 section 17(2) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 74 amended 10 May 2023 section 17(3) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
75: Section 32 repealed (Classified security information defined)
Repeal section 32
76: Cross-heading above section 33 replaced
Replace the cross-heading above section 33 Proceedings arising out of designations, renewals, and revocations
76A: New section 34 inserted (Proceedings involving classified security information)
After section 33
34: Proceedings involving classified security information
1: This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.
2: If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 4A(1)(b)
3: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) section 41 section 36(3)
4: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4 Section 76A inserted 10 May 2023 section 18 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
77: Section 34 renumbered as section 29C and repositioned (Revocation of designations)
Renumber section 34 as section 29C section 29B section 78
78: Section 35 renumbered as section 29B and repositioned (Designations under section 22 to expire after 3 years unless renewed by Prime Minister)
1: Renumber section 35 section 29B section 70
2: In section 35(1)(a) section 34 section 29C
78A: Section 35B amended (Certain revocation applications stopped)
In section 35B section 34(1)(a) or (b) on the ground specified in section 34(3)(b) section 29C(1)(a) or (b) on the ground specified in section 29C(3)(b) Section 78A inserted 10 May 2023 section 19 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
78B: Section 35C amended (Duration of designation extended (3-year period until expiry paused))
In section 35C(1) and (2) 35 29B Section 78B inserted 10 May 2023 section 19 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
78C: Section 35D amended (Periodic review whether designation no longer justified)
In section 35D(2) 42 29D Section 78C inserted 10 May 2023 section 19 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
78D: Section 35F amended (Periodic review: procedure)
In section 35F(a)(ii) 34(2) 29C(2) Section 78D inserted 10 May 2023 section 19 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
78E: Cross-heading below section 35G repealed
Repeal the cross-heading below section 35G Section 78E inserted 10 May 2023 section 19 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
79: Section 38 repealed (Procedure in proceedings involving classified security information)
Repeal section 38 Section 79 replaced 10 May 2023 section 20 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
80: Section 40 repealed (Ancillary general practices and procedures to protect classified security information)
Repeal section 40
81: Section 42
renumbered as section 35 and repositioned
1AAA: Renumber section 42 as section 35 and reposition it after section 34 section 76A
1: In the heading to section 42 revocation, expiry, or
2: In section 42(1) expires or is revoked or is found to be or to have been invalid, under section 34, 35, or 35D is found to have been invalid
3: In section 42(1)(a) and (b) revocation or expiry or Section 81 heading amended 10 May 2023 section 21(1) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 81(1AAA) inserted 10 May 2023 section 21(2) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 Section 81(2) replaced 10 May 2023 section 21(3) Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
81A: Section 56 amended (Notice of application under section 55)
In section 56(4) 38 34 Section 81A inserted 10 May 2023 section 22 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
82: Section 58 amended (Appeal against decision on application under section 55)
In section 58(2) sections 38 and 40 section 34 Section 82 amended 10 May 2023 section 23 Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023
83: Section 59 amended (Discharge of order under section 55 on appeal)
1: In section 59(2) section 34 section 29C
2: In section 59(2) section 35(2) section 29B(2)
84: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 6
b: make all necessary consequential amendments.
3: Amendments to other related Acts
Amendment to Crown Proceedings Act 1950
85: Principal Act
Section 86 Crown Proceedings Act 1950 2023-11-28 Crown Proceedings Act 1950 First anniversary of the date of Royal assent (see section 2(1)(a))
86: Section 27 replaced (Discovery)
Replace section 27
27: Interrogatories and discovery
1: In any proceedings (other than criminal proceedings) to which the Crown is a party or third party, the court may require the Crown to answer interrogatories, or to make discovery of documents and produce documents, as if the Crown were a private person of full age and capacity.
2: Subsection (1)
3: Any order of the court under subsection (1)
4: Nothing in this section affects—
a: the application to the Crown of the Security Information in Proceedings Act 2022; or
b: any other rule of law that authorises or requires the Crown to withhold any document or to refuse to answer any question on the ground that disclosing the document or answering the question would be injurious to the public interest. Amendments to Employment Relations Act 2000
87: Principal Act
Sections 88 to 91 Employment Relations Act 2000 2023-11-28 Employment Relations Act 2000 First anniversary of the date of Royal assent (see section 2(1)(a))
88: Section 133 amended (Jurisdiction concerning penalties)
In section 133(2)(a) and 178 (which allow , 178, and 178AA
89: Section 178 amended (Removal to court)
In the heading to section 178 court generally
90: New section 178AA inserted (Removal to court of proceeding involving national security information)
After section 178
178AA: Removal to court of proceeding involving national security information
If the Attorney-General gives written notice to the Authority that the Crown intends to make an SI application (under section 32 section 44
91: Section 187 amended (Jurisdiction of court)
In section 187(1)(e) section 178 or 178AA Amendments to Evidence Act 2006
92: Principal Act
Sections 93 to 97 Evidence Act 2006 2023-11-28 Evidence Act 2006 First anniversary of the date of Royal assent (see section 2(1)(a))
93: Section 70 amended (Discretion as to matters of State)
After section 70(3)
4: This section does not apply if an application may be made under section 32 see also section 33
94: Section 102 amended (Application)
After section 102(b)
ba: sections 109A and 109B
95: New sections 109A and 109B and cross-heading inserted
After section 109 Giving of evidence by intelligence officers and intelligence sources
109A: Certificates relating to intelligence officers and intelligence sources
1: This section and section 109B
a: to a civil proceeding; or
b: to a criminal proceeding for a category 3 or 4 offence.
2: If a party to the proceeding intends to call an intelligence officer or an intelligence source as a witness, a Director-General of an intelligence and security agency may file in the court in which the proceeding is to be held a certificate, signed by the Director-General, stating that,—
a: during the period specified in the certificate, the witness was—
i: an intelligence officer of the intelligence and security agency or of a foreign intelligence agency; or
ii: an intelligence source of the intelligence and security agency; and
b: the identity of the witness must not be disclosed because that disclosure would adversely affect the ability of the intelligence and security agency or (if applicable) the foreign intelligence agency to carry out its activities while maintaining the secrecy of its activities; and
c: the witness has not been convicted of any offence or (as the case may require) the witness has not been convicted of any offence other than the offence, or offences, described in the certificate.
3: The Director-General must file the certificate,—
a: in the case of a civil proceeding, in accordance with rules of court; or
b: in the case of a criminal proceeding, as soon as is reasonably practicable after a defendant has pleaded not guilty.
4: If the Director-General knows that the credibility of the witness in giving evidence in any other proceeding has been the subject of adverse comment by the Judge in that proceeding, the Director-General must also include in the certificate a statement of the relevant particulars.
5: For the purposes of subsections (2)(c) and (4)
a: it is sufficient that the certificate includes—
i: a statement of the nature of any offence or comment referred to in the certificate; and
ii: the year in which the offence was committed or the comment was made; and
b: it is not necessary to include the venue or precise date of the proceeding or any other particulars that might enable the true name or address of the witness to be discovered.
6: In this section and in section 109B Director-General of an intelligence and security agency foreign intelligence agency intelligence and security agency intelligence officer
a: an employee of an intelligence and security agency; or
b: an individual employed or engaged in a foreign intelligence agency intelligence source
7: This section also applies, with any necessary modification, in any case where a person is being, or is to be, proceeded against under—
a: the Criminal Proceeds (Recovery) Act 2009; or
b: sections 142A to 142Q of the Sentencing Act 2002.
109B: Effect of certificate under section 109A
Effect
1: In any proceeding in which a Director-General of an intelligence and security agency has filed a certificate under section 109A(2)
a: if the witness states that, during the period specified in the certificate, the witness acted as an intelligence officer or intelligence source as specified in the certificate, it must be presumed, in the absence of proof to the contrary, that the certificate has been given in respect of that witness; and
b: it is sufficient if the witness is referred to in the way specified by the Director-General in the certificate, and, except if leave is given under subsection (2)
c: except if leave is given under subsection (2) Leave to give evidence or ask question about name or address
2: No evidence may be given, and no question may be put to the witness, or to any other witness, that relates directly or indirectly to the true name or address of the witness except by leave of the Judge.
3: On an application for that leave, the certificate is, in the absence of evidence to the contrary, sufficient evidence of the particulars stated in it.
4: If there is a jury, the Judge must not grant the leave unless the Judge is satisfied that—
a: there is some evidence before the Judge that, if believed by the jury, could call into question the credibility of the party’s witness; and
b: it is necessary in the interests of justice that other parties be enabled to test properly the credibility of the witness; and
c: it would be impracticable for other parties to test properly the credibility of the witness if those parties were not informed of the true name or address of the witness.
5: An application for leave under subsection (2)
a: may be made from time to time and at any stage of the proceeding; and
b: must, where practicable, be made and dealt with in chambers; and
c: if the application is made during a trial before a jury, must be dealt with and determined by the Judge in the absence of the jury. Service of certificate
6: If a Director-General of an intelligence and security agency files a certificate under section 109A(2)
96: Section 120 amended (Persons who may sign statements by assumed name)
1: In the heading to section 120 name or anonymously
2: After section 120(1)
1A: A deposition or other written statement of evidence given by an intelligence officer or intelligence source (within the meaning of section 109A
a: in the case of an intelligence officer who has acquired an assumed name under subpart 1 of Part 3 of the Intelligence and Security Act 2017, in that name; or
b: in any other case, using the term “witness” followed by an initial or a mark.
97: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 7
b: make all necessary consequential amendments. Amendments to Health and Safety at Work Act 2015
98: Principal Act
Sections 99 100 Health and Safety at Work Act 2015 2023-11-28 Health and Safety at Work Act 2015 First anniversary of the date of Royal assent (see section 2(1)(a))
99: Section 162 repealed (Proceedings involving classified security information)
Repeal section 162
100: Schedule 4 repealed
Repeal Schedule 4 Amendment to Outer Space and High-altitude Activities Act 2017
101: Principal Act
Section 102 Outer Space and High-altitude Activities Act 2017 2023-11-28 Outer Space and High-altitude Activities Act 2017 First anniversary of the date of Royal assent (see section 2(1)(a))
102: Section 55 amended (Minister must consult security Ministers about national security)
Repeal section 55(5) Amendment to Terrorism Suppression (Control Orders) Act 2019
103: Principal Act
Section 104 Terrorism Suppression (Control Orders) Act 2019 2023-11-28 Terrorism Suppression (Control Orders) Act 2019 First anniversary of the date of Royal assent (see section 2(1)(a))
104: Section 36 repealed (Additional requirements for decisions that supporting information is not disclosable)
Repeal section 36


Companies (Levies) Amendment Act 2022

1: Title
This Act is the Companies (Levies) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Companies Act 1993 2022-11-29 Companies Act 1993
1: Amendment to allow levies to be imposed in relation to certain persons using services of certain registers
4: New sections 404 to 409 inserted
After section 403
404: Purpose of imposing levies
1: The purpose of imposing levies by regulations under section 405
a: the different registers listed in Schedule 14
b: all those registers should be funded, in part, through a levy imposed on specified users of each register, in a manner that is equitable, efficient, and justified; and
c: applying the principles of equity, efficiency, and justification is properly undertaken having regard to the cost of administering the whole system of registers, not on the basis of the costs of administering individual registers; and
d: money collected from specified users of 1 register can legitimately be used to meet the costs of operating any or all of the registers; and
e: using money collected from specified users of 1 or more registers in the way provided in paragraph (d)
2: In subclause (1) specified users Schedule 15
405: Regulations relating to levies
1: Every person that is included in a prescribed class of persons listed in Schedule 15 Schedule 15 persons
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies.
3: Levies must be prescribed on the basis that the following costs should be met fully out of the levies:
a: a portion of the costs of a Registrar in performing or exercising the Registrar’s functions, powers, and duties under this Act, or any of the Acts listed in Schedule 14
b: the costs of collecting the levy money.
4: Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.
5: The regulations may—
a: specify the class or classes of persons that are required to pay a levy:
b: specify the amount of levies, or the method of calculating or ascertaining the amount of levies:
c: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
d: refund, or provide for refunds of, any over-recovery of the actual costs:
e: provide for the payment and collection of levies:
f: provide different levies for different classes of persons:
g: specify the financial year or part of a financial year to which a levy applies, and apply that levy to that financial year or part of a financial year and each subsequent financial year until the levy is revoked or replaced:
h: require payment of a levy for a financial year or part of a financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
i: provide for waivers or refunds of the whole or any part of a levy for any case or class of cases:
j: require the payment of levies for every transaction or any specific transaction (for example an annual return) undertaken by a person involving a register or registers:
k: require the levy to be paid as an identifiable part of the overall charge for each transaction or any specific transaction for which a fee is payable:
l: specify the timing or circumstances of the requirement to pay levies (including at different times or in different circumstances for the payment of levies for different classes of registered persons):
m: specify penalty payments for the late payment of a levy:
n: require the payment of interest on overdue levies.
6: Regulations made under this section are—
a: secondary legislation ( see
b: must be confirmed by an Act ( see
7: Schedule 4 of the Legislation Act 2019 is amended by inserting in the appropriate alphabetical order— The following table is small in size and contains 2 columns. Column 1 is headed Companies Act 1993. Column 2 is headed 405 Companies Act 1993 405 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
406: Implementation of levies
1: A Registrar may refuse to perform or exercise a function, power, or duty until the prescribed levy is paid.
2: If a person is in 2 or more classes of Schedule 15
3: The amount of any unpaid levy is recoverable from a Schedule 15
407: Matters to which Minister must have regard
Before recommending the making of regulations under section 405
a: the purpose of imposing levies set out in section 404
b: levies should be set at a level to recover no more than—
i: the portion of costs set by the Minister under section 405(3)
ii: the costs of recovering the levy moneys.
408: Minister must consult
1: Before recommending the making of regulations under section 405
a: the persons that the Minister considers are able to represent the views of Schedule 15
b: any other representatives of persons who the Minister believes will be significantly affected by the proposed regulations.
2: Regulations made under section 405
3: The chief executive must ensure that proposals sent out for consultation (including any proposed amount of levy or method of calculating that levy) are available to the public on an Internet site maintained by or on behalf of the chief executive.
4: In this section and section 409 chief executive
409: Review of sections 404 to 408 and levies
1: The Minister must, not later than 5 years after the date on which the first regulations are made under section 405 sections 404 to 408 section 405
2: The chief executive must ensure that the report resulting from review carried out under subsection (1)
2: New Schedules 14 and 15 inserted
5: New Schedules 14 and 15 inserted
After Schedule 13 Schedule