Section Sch4-3 — Health and Safety at Work Act 2015: Meaning of classified security information

3 Meaning of classified security information (1) In this schedule, classified security information means information— (a) that is relevant to proceedings that relate to the administration or enforcement of this Act; and (b) that is held by a specified agency; and (c) that the head of the specified agency certifies in writing cannot be disclosed except to the extent provided in clause 4 because, in the opinion of the head of the specified agency,— (i) the information is information of a kind specified in subclause (2); and (ii) disclosure of the information would be disclosure of a kind specified in subclause (3). (2) Information falls within subclause (1)(c)(i) if it— (a) might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to a security, intelligence, or law enforcement agency; or (b) is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of a security, intelligence, or law enforcement agency; or (c) has been provided to the specified agency by the Government of another country or by an agency of a Government of another country or by an international organisation, and is information that cannot be disclosed by the agency because the Government or agency or organisation by which the information has been provided will not consent to the disclosure. (3) Disclosure of information falls within subclause (1)(c)(ii) if the disclosure would be likely— (a) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or (b) to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or any agency of such a Government, or by any international organisation; or (c) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or (d) to endanger the safety of any person. Compare: 2013 No 91 s 102(1)–(3)