Reference: IR-01-22-979
17 March 2022
Scott
[FYI request #18208 email]
Dear Scott
Request for information
Thank you for your Of icial Information Act 1982 (OIA) request dated 17 January 2022,
in which you asked for the following information:
•
I would like to make a request for copies of two documents relating to the
NZSIS-Police operational relationship. They are:
1. The NZSIS-Police Joint Operating Strategy
2. The NZSIS-Police Information Sharing Protocol
Firstly, I apologise for the delay in responding to your request. This delay was caused
by the need to consult with other Government agencies before a decision on release
could be made. This took a lit le longer than anticipated.
Please find enclosed copies of the two documents you sought.
You have the right to ask the Ombudsman to review my decision if you are not satisfied
with the response to your request. Information about how to make a complaint is
available here: https://www.ombudsman.parliament.nz/what-ombudsman-can-
help/complaints-about-government-agencies/how-make-complaint.
Yours sincerely
Acting Director - National Security CT
New Zealand Police
Police National Headquarters
180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
New Zealand
Security Intel igence
Service
Te Pa Whakamarumaru
Information Sharing Protocol
between
New Zealand Security Intelligence Service
and
the Official Information Act 1982
New Zealand Police
under
Released
Aims
1.
To establish principles for sharing of information between New Zealand Police
(Police) and the New Zealand Security Intel igence Service (NZSIS) for the purposes of co
locating staff in a shared office in Auckland.
Interpretation
2.
In this Protocol:
a. Party means either the NZSIS or Police, and together Parties;
b. Commissioner means the Commissioner of the New Zealand Police appointed
under the Policing Act 2008;
c. DirectorGeneral means the DirectorGeneral of Security as defined in the
Intelligence and Security Act 2017 (ISA);
Act 1982
d. MOU means the Memorandum of Understanding signed between the Parties on
20 November 2013 or any other Memorandum of Understanding that replaces
this document.
Principles governing the sharing of information
3.
This Protocol encourages the proactive sharing of relevant information between the
Parties, within the constraints required to protect the security of that information and the
respective legislative mandates of the Parties.
4.
The Parties agree that the fol owing principles shal guide decision making on the
sharing of information:
under the Official Information
a. Public safety and the protection of New Zealand's national security are principal
objectives;
b. Ongoi Released
ng operational effectiveness of the Parties must be maintained;
c. The col ection or provision of intel igence wil only occur as necessary for the
performance of a Party's statutory function and will be proportionate to its
purpose; and
d. The Parties must act in accordance with New Zealand law and all human rights
obligations recognized by New Zealand law.
5.
In particular the Parties acknowledge that al endeavours wil be made to prevent the
disclosure of information that would:
a. Identify current or former NZSIS officers or current or former Police Undercover
officers;
b. Reveal sensitive NZSIS or Police resources or methodology;
c. Reveal sensitive locations, including NZSIS offices outside of publicly declared
locations or any other operational location identified by either the NZSIS or Police;
d. Reveal or confirm a foreign liaison relationship;
e. Compromise the identity or safety of any human source.
6.
The Parties acknowledge that there are specific legislative requirements that govern
the sharing of information. It is a function of the NZSIS to collect and analyse intel igence in
accordance with the New Zealand Government's priorities and to provide any such
intelligence to any person (or public authority) authorised by the Minister,1 which includes
NZP.2 In addition, it is a function of the NZSIS to cooperate and provide advice and
assistance to NZP for the purpose of facilitating the performance of NZP's functions, duties
or powers.3 Likewise NZP may cooperate with any other agency to perform some of its
functions.4
7.
Any provision of intel igence must be done in accordance with New Zealand law and
all human rights obligations recognised under New Zealand law.5 The Parties wil ensure all
intelligence sharing is consistent with the ISA, Privacy Act 1993, and Of icial Information Act
1982.
8.
It is also acknowledged that the NZSIS has certain obligations that relate to the
material col ected as part of the exercise of its warrant powers, including obligations to
destroy certain material. Such information cannot be shared.
Use of Intel igence
under the Official Information Act 1982
9.
Unless otherwise indicated, NZSIS information is shared for intelligence purposes
only.
Released
10.
It is acknowledged that in limited circumstances NZSIS may obtain and share with
NZP incidentally obtained information that is not relevant to intelligence purposes but may
assist in preventing or detecting serious crime, preventing or detecting threats to life of any
person, identifying preventing or responding to threats or potential threats to the security or
defence of New Zealand or any other country and/or may assist in preventing the death of
any person who is outside the territorial jurisdiction of any country.6The sharing of
information in these circumstances will
be specifically identified as such.
1 The Minister Responsible for the NZSIS
2 Section 10, ISA
3 Section 13, ISA
4 Section 1o, Policing Act 2008
5 Section 10, ISA, s 8(d), Policing Act 2008.
6 Section 104, ISA
11.
The Parties acknowledge that the NZSIS does not typical y col ect information as
evidence. Accordingly, NZSIS information wil often not be available for prosecution or for use
in part of a criminal investigation even where it may be of evidentiary value.
12.
Where classified information is made available by the NZSIS as part of a Police
investigation, NZSIS may agree to the sharing of the information to specified Police
investigative staff, however, only appropriately cleared staff that need to know may be made
aware of the origin and detail of the classified material. Police staff who do not have
knowledge of the classified material cannot therefore compromise the source of the
information in court (or elsewhere).
Use of Intelligence in Proceedings
13.
Where the Parties have agreed to the use of NZSIS information in proceedings the
following principles shall be followed:
a. Police must acknowledge the existence of classified material but not the content,
nor origin of the material unless directed to by the courts;
b. Where any disclosure under 11 (a) would prejudice the provisions of clause 5 (a)
(e) the proceedings shall be stopped;
c.
When giving sworn testimony witnesses must answer truthfully, but may decline
to answer questions in accordance with legal principles, (including those relevant
to the protection of national security);
d. Police or NZSIS staff giving evidence in proceedings will be properly prepared to
protect classified material as provided for by New Zealand law.
Provision of information under the Official Information Act 1982
by NZP
14.
NZP may share information with NZSIS upon the request of NZSIS,7 while assisting
with the exercis Released
e of an NZSIS warrant or very urgent authorisation,8 on its own initiative,9
and at any other time in accordance with their functions.
Storage and handling of information provided by a Party
15.
Information shared between the Parties shal be stored and handled in
accordance with any written instructions/caveats accompanying the information.
Where the information is classified, it shal be stored and handled in accordance
with the Protective Security Requirements.
7 Section 121, ISA.
8 Section 51, ISA.
9 Section 122, ISA.
16.
Information shared between the Parties shal be stored and handled in accordance
with any written instructions/caveats accompanying the information. Where the information
is classified, it shal be stored and handled in accordance with the Protective Security
Requirements.
17. In particular, the Parties agree:
a. Information is shared formally via electronic communications to ensure
appropriate distribution, record keeping and accountability regarding the passage
of information.
b. To ensure appropriate security measures, including IT systems, are in place to
protect any information provided by the other Party from unauthorised access or
disclosure;
c. To restrict any person from accessing information provided by the other Party
unless that person is authorised to do so, has a need to know and holds an
appropriate security clearance;
d. That personnel from the Party accessing information provided by the other Party
shall not record, disclose or communicate such information except in the
performance of official duties and only to those with a need to know and an
appropriate security clearance;
e. The information must not be disseminated further without the prior consent,
recorded in writing, of the supplying Party; and
f. Any information will be returned to the supplying Party or destroyed on request;
g. To ensure that a systunder the Official Information Act 1982
em of audit exists to enable identification of all those persons
who have had access to information provided to it by the other Party.
Disclosure
18. If a Party Released
becomes aware that information shared under this Protocol may be
required for production or disclosure (for reasons including but not limited to a duty of
disclosure or a request for information under the Privacy Act 1993 or Of icial Information Act
1982), that Party shall immediately notify the Party that provided the information.
Disclosure or acknowledgement of the existence of that information must not occur without
the writ en authorisation from the source Party.
Direct Access
19.
The ISA provides that the NZSIS may have direct access to certain information held by
NZP.10 This access must be done in accordance with a direct access agreement. NZSIS must
not directly access NZP information until a direct access agreement is finalised in accordance
with the ISA.
Variation, Termination & Dispute Resolution
20. Variation, termination and dispute resolution shal be in accordance with the terms
of the MOU.
Review
21. This Protocol shall be reviewed at intervals of not less than three years.
General
22. This Protocol will be effective when signed by both parties. A record copy will be
maintained by both signatories.
23. Nothing in this Protocol shall be construed in such a way as to affect the relationship
between the Police and the NZSIS in any other activity.
24. This Protocol does not apply to the sharing of information for the purposes of NZSIS's
vetting and security clearance functions.
under the Official Information Act 1982
Released
10 Section 125, ISA.
Document Outline
