Number of domestic intelligence warrant applications refused or modified
Alex Harris made this Official Information request to Minister in Charge of the NZ Security Intelligence Service (SIS)
The request was successful.
From: Alex Harris
Dear Minister in Charge of the NZ Security Intelligence Service (SIS),
Section 4A of the New Zealand Security Intelligence Service Act 1969 allows the Minister to jointly authorize the issue of a domestic intelligence warrant to intercept or seize communications or things. In order to issue a warrant, the Minister must be satisfied of certain conditions. I would like to request the following information under the OIA:
* How many applications for a domestic intelligence warrant has the Minister refused to grant in the past five years?
Please note that I am asking only about domestic intelligence warrants, not foreign ones, and I am not interested in any details of the warrants themselves. I am seeking only statistical information.
In anticipation of a potential refusal under s6(a) on national security grounds, I note that section 4K of the Act requires the number of domestic (but not foreign) intelligence warrants to be published. Given this, the number of applications refused cannot impact on national security.
I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Alex Harris
From: C Finlayson (MIN)
On behalf of Hon Christopher Finlayson, thank you for your email. Please
be assured that all correspondence is read and noted by this office. Where
the Minister has portfolio responsibilities for the issues raised, a
response will be sent to you in due course.
While the Minister considers all correspondence to be important, if your
email falls outside of his portfolio responsibilities, or expresses a
personal view, then your opinion will be noted and your correspondence may
be transferred to another office or there may be no further response to
you.
Kind Regards
Office of Hon Christopher Finlayson
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From: C Finlayson (MIN)
Dear Alex,
Official Information Request Relating to Number of domestic intelligence warrant applications refused or modified
I refer to your email of 5 November 2015 to the Minister Responsible for the NZ Security Intelligence Service (NZSIS) that asked:
“How many applications for a domestic intelligence warrant has the Minister refused to grant in the past five years?”
Your request is best responded to by the NZSIS. Accordingly, I am transferring your request to the NZSIS under section 14 of the Official Information Act.
Yours sincerely
Office of Hon Christopher Finlayson QC
show quoted sections
Minister in Charge of the NZ Security Intelligence Service (SIS)
Dear Mr Harris
Please refer to your email of 5 November 2015 seeking, under the
provisions of the Official Information Act 1982 (OIA), access to
information held by the New Zealand Security Intelligence Service (NZSIS)
relating to domestic intelligence warrants. Your request was transferred
by the Office of the Minister in Charge of the NZSIS to the NZSIS on 6
November 2015 for reply.
The NZSIS will respond within the twenty working days provided for in the
OIA.
Please bear in mind that it is not always possible to release information
held by the NZSIS, as this may remain sensitive for security or privacy
reasons for many years. In such cases there is provision in the OIA for
information to be withheld.
Yours sincerely
NZSIS
____________________________________________________________ This
information is communicated in confidence. If you are not the intended
recipient, please delete/destroy and do not further disseminate,
distribute or copy this message. Thank you.
____________________________________________________________
Minister in Charge of the NZ Security Intelligence Service (SIS)
Dear Mr Harris
Please see the attached response to your OIA request of 5 November 2015.
Yours sincerely
NZSIS
____________________________________________________________ This
information is communicated in confidence. If you are not the intended
recipient, please delete/destroy and do not further disseminate,
distribute or copy this message. Thank you.
____________________________________________________________
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