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Telecommunications (Interception Capability and Security) Amendment Bill (Consistent) [2015] NZBORARp 48 (25 September 2015)

Last Updated: 6 February 2019

Telecommunications (Interception Capability and Security) Amendment Bill

25 September 2015

Hon Christopher Finlayson QC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Telecommunications (Interception Capability and Security) Amendment Bill

1. We have considered whether the Telecommunications (Interception Capability and Security) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). This Bill is a members’ Bill proposed by Claire Curran MP.
   
2. The purpose of the Bill is to amend the Telecommunications (Interception Capability and Security) Act 2013 (‘the Act’) to establish a Technical Advisory Board to provide expert assistance and advice to the Minister responsible for the administration of the Act.
   
3. The Bill proposes that any matters requiring the Minister to exercise his or her discretion or prescribe an additional area of specified security interest must first be referred to the Technical Advisory Board for analysis and recommendations.
   
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

Disclaimer

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Telecommunications (Interception Capability and Security) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.