π’ Commissioner of Security Appeals
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[0] => The Commissioner for Security Appeals was required to inquire into written complaints from any New Zealand resident who considered that his or her career or livelihood was or had been adversely affected by an act or omission of the New Zealand Security Intelligence Service.
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[custom1] => This agency documentation was created as part of a project to capture information relating to the current structure of government. Archives New Zealand has not yet received any transfers from this agency.
[custom2] => 1- Directory of Official Information 1995-1997, Ministry of Justice
2- New Zealand Security Intelligence Service Act 1969, New Zealand Legislation (Parliamentary Counsel Office) website, http://www.legislation.govt.nz/act/public/1969/0024/latest/DLM391606.html?search=ts_act_New+Zealand+Security+Intelligence+Service_resel&sr=1 (accessed 23-29 January 2009)
3- New Zealand Statutes 1962, Volume 2, Nos.131-142 (No.24 - New Zealand Security Intelligence Service Act 1969), Government Print
4- New Zealand Statutes 1977, Volume 1, Nos.1-68 (No.50 - New Zealand Security Intelligence Service Amendment Act 1977), Government Print
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[history] => Establishment
The Commissioner of Security Appeals was established under the New Zealand Security Intelligence Service Act 1969, to provide some level of oversight over the New Zealand Security Intelligence Service (NZSIS).
Functions and Responsibilities
The function of the Commissioner was to inquire into written complaints from any New Zealand resident who considered that his or her career or livelihood was or had been adversely affected by an act or omission of the New Zealand Security Intelligence Service, while having regard to the requirement of security.
Complaints to the Commissioner had to be made in writing. The Commissioner could refuse to inquire into any complaint if:
- in the view of the Commissioner, the subject matter of the complaint is trivial; or
- in the view of the Commissioner, the complaint was frivolous or vexatious or was not made in good faith; or
- the complainant was not able to satisfy the Commissioner the he or she was ordinarily resident in New Zealand
If, during the course of the Commissioner's inquiries, it appeared that: 1) there was an adequate remedy or right of appeal under provisions of the State Services Act 1962 or otherwise; or 2) having regard to all the circumstances of the case, further inquiries were unnecessary, then the Commissioner could refuse to inquire into the matter further.
The proceedings of the Commissioner was conducted in private. After inquiries were completed, the Commissioner provided the complainant with the findings and the Minister in charge of the NZSIS (traditionally the Prime Minister) with a report, making such recommendations, if any, as the Commissioner saw appropriate.
Structure
Prior to 1977 the Commissioner was appointed by the Governor-General, and was required to have been a barrister or solicitor of the Supreme Court (now known as the High Court) of not less than seven years practice, regardless of whether they held any judicial office. The term of office was three years. Under the 1977 Amendment Act, the Chairperson of the Security Review Authority was appointed Commissioner of Security Appeals.
In 1996, the Commissioner of Security Appeals was abolished and replaced with the Inspector-General of Security and Intelligence.
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Establishment
The Commissioner of Security Appeals was established under the New Zealand Security Intelligence Service Act 1969, to provide some level of oversight over the New Zealand Security Intelligence Service (NZSIS).
Functions and Responsibilities
The function of the Commissioner was to inquire into written complaints from any New Zealand resident who considered that his or her career or livelihood was or had been adversely affected by an act or omission of the New Zealand Security Intelligence Service, while having regard to the requirement of security.
Complaints to the Commissioner had to be made in writing. The Commissioner could refuse to inquire into any complaint if:
- in the view of the Commissioner, the subject matter of the complaint is trivial; or
- in the view of the Commissioner, the complaint was frivolous or vexatious or was not made in good faith; or
- the complainant was not able to satisfy the Commissioner the he or she was ordinarily resident in New Zealand
If, during the course of the Commissioner's inquiries, it appeared that: 1) there was an adequate remedy or right of appeal under provisions of the State Services Act 1962 or otherwise; or 2) having regard to all the circumstances of the case, further inquiries were unnecessary, then the Commissioner could refuse to inquire into the matter further.
The proceedings of the Commissioner was conducted in private. After inquiries were completed, the Commissioner provided the complainant with the findings and the Minister in charge of the NZSIS (traditionally the Prime Minister) with a report, making such recommendations, if any, as the Commissioner saw appropriate.
Structure
Prior to 1977 the Commissioner was appointed by the Governor-General, and was required to have been a barrister or solicitor of the Supreme Court (now known as the High Court) of not less than seven years practice, regardless of whether they held any judicial office. The term of office was three years. Under the 1977 Amendment Act, the Chairperson of the Security Review Authority was appointed Commissioner of Security Appeals.
In 1996, the Commissioner of Security Appeals was abolished and replaced with the Inspector-General of Security and Intelligence.
1- Directory of Official Information 1995-1997, Ministry of Justice
2- New Zealand Security Intelligence Service Act 1969, New Zealand Legislation (Parliamentary Counsel Office) website, http://www.legislation.govt.nz/act/public/1969/0024/latest/DLM391606.html?search=ts_act_New+Zealand+Security+Intelligence+Service_resel&sr=1 (accessed 23-29 January 2009)
3- New Zealand Statutes 1962, Volume 2, Nos.131-142 (No.24 - New Zealand Security Intelligence Service Act 1969), Government Print
4- New Zealand Statutes 1977, Volume 1, Nos.1-68 (No.50 - New Zealand Security Intelligence Service Amendment Act 1977), Government Print
- State Services Act 1962
- New Zealand Security Intelligence Service Amendment Act 1977
- π’ Inspector-General of Intelligence and Security (1996 ‑ )
- π Realm of New Zealand (1969 ‑ 1996)