VPNs with servers in New Zealand

Both groups must assist a surveillance agency that shows a warrant or other lawful interception authority: by making staff available and taking reasonable steps to intercept, obtain call associated data and decrypt where they provided the encryption, but not where it comes from a publicly available product (s 24). The Minister may direct a service provider to take on a network operator’s duties (s 38).

The Act sets no period for keeping communications data. Whether a VPN operator is a service provider under it is not established.

The Department of Internal Affairs runs the Digital Child Exploitation Filtering System, which internet providers may join and leave at any time. It blocks known web pages containing child sexual abuse material, and only where both the URL and the IP address match a listed page; the Department says it does not cover email, file sharing or borderline material.

Under the Harmful Digital Communications Act 2015 the District Court may order a defendant, or an online content host, to take down or disable public access to material (s 19(1)(a), (2)(a)).

The Harmful Digital Communications Act makes it an offence to post a digital communication intending to cause harm to a victim, where posting would harm an ordinary reasonable person in the victim’s position and does harm the victim (s 22); anonymity is among the factors the court may weigh. An individual faces up to two years’ imprisonment or a fine of up to $50,000, a body corporate up to $200,000.

The District Court can order an online content host to release to the court the identity of the author of an anonymous or pseudonymous communication, and can make the same order against an IPAP, as the Act defines it by reference to the Copyright Act 1994 (s 19(2)(b), (3)). Section 22A separately covers posting an intimate visual recording without consent.

The Inspector-General of Intelligence and Security investigates complaints about the NZSIS and GCSB and inquires into their conduct, independently of the agencies and their Minister. Under the Intelligence and Security Act 2017, a Type 1 warrant, covering New Zealand citizens and permanent residents, is issued jointly by the authorising Minister and a Commissioner of Intelligence Warrants; a Type 2 warrant, where a Type 1 is not required, is issued by the Minister.

The order of the rows is the security score, and a server’s location is not a recommendation.