Labour’s Little Legal Problem, Ctd

I’ve looked into things a bit more and have included a few provisions from the various Acts related to the GCSB. Also note the NZSIS Act 1969 has the same penalty but defines the disclosure a bit more, see below:

12A Prohibition on unauthorised disclosure of information

(1)An officer or employee of the Security Intelligence Service, or a former officer or employee of the Service, shall not disclose or use any information gained by or conveyed to him through his connection with the Service otherwise than in the strict course of his official duties or as authorised by the Minister.

(2)A person who, by any intelligence warrant, is authorised to intercept or seize any communication or to undertake electronic tracking, or is requested to give any assistance in making any such interception or seizure or electronic tracking, or to make the services of other persons available to the Security Intelligence Service, shall not disclose the existence of the warrant, or disclose or use any information gained by or conveyed to him when acting pursuant to the warrant, otherwise than as authorised by the warrant or by the Minister or the Director.

(3)A person who acquires knowledge of any information knowing that it was gained as a result of any interception or seizure, or electronic tracking, in accordance with an intelligence warrant shall not knowingly disclose that information otherwise than in the course of his duty.

(4)Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine not exceeding $2,000 who fails to comply with or acts in contravention of the foregoing provisions of this section.

I’ve checked the Intelligence and Security Committee Act 1996 as well as the Inspector-General of Intelligence and Security Act 1969 as the GCSB is subject to both Acts.

The IG 1969 Act provides for an offence if secrecy is breached by any employee (defined as any employee of a security agency, including the GCSB):

28 Secrecy

(1)No person who is, or has at any time been, the Inspector-General or an employee of the Inspector-General or a person assisting the Inspector-General shall, either directly or indirectly, except in the performance of that person’s functions or duties or in the exercise of that person’s powers under this Act,—
(a)make a record of, or disclose to any person, any information acquired by reason of the person holding or acting in that office; or
(b)make use of any such information.
(2) Nothing in subsection (1) applies in relation to the disclosure or use of any information after its disclosure or use has been approved in writing by the Minister.
(3) Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000 or to both, who acts in contravention of subsection (1).
(4) The Inspector-General and any employee of the Inspector-General shall be deemed for the purposes of sections 105 and 105A of the Crimes Act 1961 to be officials.
(5) No prosecution for an offence against this section shall be commenced except with the leave of the Attorney-General.

(6) Amendment(s) incorporated in the Act(s).

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As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him, you can’t ignore him.

To read Cam’s previous articles click on his name in blue.