NZ Legislation

From neil.tappsville.com
Jump to navigationJump to search

Production Orders / Business Records

A production Order and a Business Record Direction, are essentially the same; they compel a network operator to produce some information they may hold.

Production Order

(Search and Surveillance Act 2012) https://www.legislation.govt.nz/act/public/2012/0024/latest/DLM2136536.html

Physically signed by an Issuing Officer – a registrar of the courts (generally only by their identification number); that there are reasonable grounds an office has been -- is being or will be committed – in relation to a suspected imprisonable offence.

If an offender cant go to jail for it, the police can compel a network operator to assist.


A production order is written FROM the courts to the police and the network operator.

It Contains

-- the grounds on which the order is made: (suspected offences & appropriate acts)

-- the documents required to be given: (only those that are in the Network Operators possession or are able to obtain.)

-- whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order – generally 14 or 30 days (referred to as forward-facing production order):

-- the time by which, and the way in which, the documents must be produced – which in most cases is ASAP and the officers email address.


Also used by Department of Internal Affairs and Ministry for Primary Industries

Agencies with Statutory Powers (no Warrant or Court order required)

(Tax Administration Act 1994) https://www.legislation.govt.nz/act/public/1994/0166/latest/DLM348343.html

enables the Commissioner of Inland Revenue to require any person to provide information or produce documents for inspection which the Commissioner considers necessary or relevant for the administration or enforcement of any of the Inland Revenue Acts or any other function of the Commissioner


(Social Security Act 2018) https://www.legislation.govt.nz/act/public/2017/0010/latest/DLM6920823.html

Chief Executive of the Ministry of Social Development to require any person to provide information, produce documents or furnish copies or extracts of a document or record for a range of purposes under that Act, including determining whether a person claiming a benefit is entitled to receive that benefit


Business Record Direction

(Intelligence and Security Act 2017) https://www.legislation.govt.nz/act/public/2017/0010/latest/DLM6920823.html

Electronically signed by the Director-General or the SIS or GCSB.

A BRAD is addressed to the Agency – the Agency being the Network Operator and is issued under an approval which is a legal document signed by the Minister of the SIS or GCSB.


It contains the bare minimum (no purpose or justification), it compels the network operator to comply and you will need to sign it to say you are willing to assist.


Interception Warrants ~ TICSA

Surveillance Device Warrant

(Search and Surveillance Act 2012) https://www.legislation.govt.nz/act/public/2012/0024/latest/DLM2136536.html

Physically signed by a Judge that there are reasonable grounds an office has been, is being or will be committed – in relation to a suspected imprisonable offence of 7 or more years.


A Surveillance Device Warrant is written FROM the courts to the police only.

It Contains -- the grounds on which the order is made: (suspected offences & appropriate acts)

--- The target of the warrant (or selector) can be a person, object or thing.

The Warrant authorises the Police to use interception devices, tracking and other methods to obtain evidential material. Sections that are not relevant to a particular network operator may be redacted in copies provided.

The warrants will always state the requirements for Call detail records

Additional selectors may be added/appended to an existing warrant, as long as they are associated with the same target (targets name for example). In this circumstance a new line authority is issued for the interception of the new line.

Intelligence Warrant

(Intelligence and Security Act 2017) https://www.legislation.govt.nz/act/public/2017/0010/latest/DLM6920823.html

Electronically signed by the Director-General or the SIS or GCSB.

An Intelligence Warrant is addressed to the Agency – the Agency being the Network Operator and is issued under an approval which is a legal document signed by the Minister of the SIS or GCSB.


It contains the bare minimum (no purpose or justification), it compels the network operator to comply and the person it is served to must sign it to say the network operator is willing to assist.


CGNAT - IPAPs

(Copyright (Infringing File Sharing) Amendment Act 2011) https://www.legislation.govt.nz/act/public/2011/0011/latest/DLM2764312.html

Every Internet protocol address provider (IPAP) must retain, for a minimum of 40 days, information on the allocation of IP addresses to each account holder. $25 Fee https://www.mbie.govt.nz/assets/notice-process-information-for-ipaps.pdf