OFFICIAL SECRETS BILL

EXPLANATORY NOTE

THE present New Zealand as to official seerets is contained in a United' Kingdom Aet, the Offieial Seerets Aet 1911 (1 & 2 Geo. V, eh. 28, Halsbury's Statutes of England, Vol. IV, p. 779), and in section 61 of the Defence Act 1909 (Reprint of Statutes, Vol. II, p. 596). The Defence Aet 1909 has been repealed by the New Zealand Army Aet 1950 whieh is to be brought into force by Proelamation, and does not contain any provisions as to official seerets. The Official Secrets Aet 1911 has been amended by two further United Kingdom Acts-namely, the Official Secrets Act 1920 (10 & 11 Geo. V, ch. 75, Halsbury's Statutes, Vol. IV, p. 843), and the Official Seerets Aet 1939 (2 & 3 Geo. VI, eh. 121). These two amending Acts are not in foree in New Zealand. The purpose of this Bill is to set out the law in one comprehensive New Zealand Act suited to New Zealand eonditions and requirements. The Bill is based on the three United Kingdom Aets, with the addition of clause 8 as to unlawful mapping, whieh is based on seetion 83 of the Crimes Act 1914, of , and with sueh ineidental provisions and adaptations as are deemed necessary to meet New Zealand eonditions. The Bill is drafted so as to apply to the island territories and Western Samoa, as well as New Zealand proper, and so as to be in force in those territories. On the other hand, referenees to His Majesty are limited to His Majesty in right of New Zealand. The following notes explain the main clauses of the Bill:- Clause 3 (Spying) : This clause defines the crime of spying and provides a penalty of imprisonment for a term not exceeding fourteen years or, in the ease of a eompany, a fine not exceeding £5,000. Under subclause (2) a person charged with spying may be convicted of any of the less serious offenees under the Aet of which the evidence shows him to be guilty.

Clause 4: This clause provides that the fact that an aeeused person has communicated or attempted to eommunicate with a foreign agent shall be evidenee that he has, for a purpose prejudieial to the safety or interests of the State, obtained or attempted to obtain information whieh is calculated to be or might be or is intended to be useful to an enemy.

Clause 5 defines certain offenees in relation to the unlawful use of uniforms, the making pf false statements, the forging of passports, permits, and similar documents, impersonation, the unlawful use or possession of or dealing with official dies, seals, or stamps, and the wrongful retention or communication of- passports, &e., and eode words and passwords.

No. 66-2 ii

Clause 6 relates to the wrongful communication of information.

Clause 7 relates to the method of proving that an aeeused person had a purpose prejudieial to the safety or interests of the State in doing some aet that he is proved to have eommitted. The elause provides that, unless the contrary is proved, sueh a purpose may be inferred from the eireumstanees of the ease, or his conduct, or his known character as proved, or from the wrongful collection or eommunieation of information in certain circumstances.

Struck out Clause 8 prohibits unlawful mapping by any means.

Clause 9 makes it an offence to interfere with the police, or with persons on guard, near a prohibited place.

Clause 10 defines the offenee of harbouring spies.

CZawB 11 relates to attempts and ineitements to commit offenees against the Act.

Clause 12 relates to the duty to give information to the poliee in eases authorized by the Attorney-General or, in a ease of great emergency, by the Commissioner of Poliee.

Clause 13 authorizes the arrest without warrant of persons found fommitting an offenee against the Aet, or reasonably suspected of having committed or of being about to commit sueh an offence. Clause 14 authorizes the issue of search warrants by a Justiee of the Peace or, in cases of great emergency, by an Inspeetor of Police. Clause 15 requires the eonsent of the Attorney-General to prosecutions for offenees against the Act. Clause 16 relates to the trial and punishment of offenees. Lighter maximum penalties are provided for eases that, with the eonsent of the Attorney-General, are tried summarily (that is, in a Magistrate's Court). Subdause (3) enables the Court to be cleared where a publication of the evidenee would be prejudieial to the safety or interests of the State. Sub- Clatise (4) relates to the liability of the directors and officers of a company or corporation that is eonvieted of an offence against the Aet. Clause 17 applies the Act to the aets of any person in New Zealand

Clause 19 repeals the Official Seerets Aet 1911 in so far as it is part ·of the law of New Zealand. [As REPORTED FROM THE STATUTES REVISION COMMITTEE]

House of Representatives, 4 December 1951

Words struck out by Statutes Revision Committee are shown in roman enclosed in panel; words inserted are shown in blaok.

Hot%.Mr. Webb

OFFICIAL SECRETS

ANALYSIS Title. 9. Interfering with police or per- 1. Short Title. sons on guard. 2. Interpretation. 10. Harbouring spies. 3. Sping. 11. Attempts, ineitements, ke. 4. Communications with foreign 12. Duty of giving information as agents to be evidence of to offenees. eertain offenees. 13. Power to arrest. 5. Unlawful use of uiliforms, 14. Search warrants. forgery, personation, false 15. Restriction on prosecution. documents, &c. 16. Trial and punishment of offenees. 6. Wrongful communication of 17. Extent of Aet. information. 18. Application of Aet to island 7. Proof of purpose prejudicial to territories and Western safety or interests of State. Samoa. 8. Unlawful mapping. 19. Repeal.

A BILL INTITULED

AN AoT to make better provision in respect of official Title. secrets. BE IT ENACTED by the General Assembly of New 5 Zealand in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as the Official Secrets Act short Title, 1951. No. 66-2 2 Official Secrets

Interpretation. 2. In this Act, unless the context otherwise Cf. Official requires,- Secrets Act, 1911 (1 & 2 " Document " includes a part of a document: Geo. V, ch. " Inspector of Police " includes any commissioned 28),ss. 3,12 officer of the Police Force of New Zealand; 5 Official Secrets and also includes any person upon whom the Aet, 1920 ( 10 & 11 Geo. powers of an Inspector of Police are for V, ch. 75), the purposes of this Aet conferred by the ss. 9 (2),10 (U.K.) Governor-General by : " Model " ineludes a design, pattern, or specimen: 10 " Munitions of war " means any thing, material, or device, whether actual or proposed, intended or adapted for use in war, or capable of being adapted for use in war; and, for the purposes of this definition (without prejudice to its 15 generality), the expression " use in war " includes use in the production of munitions of war, and the expression " thing, material, or device " includes the whole or any part of any arms, ammunition, missile, implement, ship, 20 vessel, aircraft, vehicle, tank, mine, engine, machinery, apparatus, or naval, military, or air force stores: " Omee under His Majesty " includes any office or employment under the Government of New 25 Zealand; and also ineludes any office or employment on, in, or under any board, commission, corporation, or body that is an agent of His Majesty or an instrument of the Executive Government of New Zealand: 30

" Prohibited place " means- (a) Any work of defence belonging to or occupied or used by or £n behalf of His Majesty or the , Government of any other country, including arsenals, naval, military, 35 or air force establishments or stations, factories, dockyards, camps, ships, vessels, and aircraft; and also including telegraph, telephone, wireless, or signal stations or offices; and also including places used for 40 the purpose of building, repairing, making, or storing any munitions of war or any sketches, plans, models, or documents relating thereto, or for the purpose of getting any metals, oil, or minerals of use in time of war: 46 Oficial Secrets

(b) Any place where any munitions of war, or any sketches, plans, models, or docu- ments relating thereto are being made, repaired, gotten, or stored under with 5 the Government of New Zealand or of any other country or with any person on behalf of any such Government, or otherwise on behalf of any such Government: (c) Any place which is for the time 10 being declared by the Governor-General by Order in Council to be a prohibited place for the purposes of this Aet: " Sketch " includes any mode of representing any place or thing, whether by photography or 15 otherwise, and in particular includes a map: Any reference to His Majesty means His Majesty in right of New Zealand: Any reference to a place belonging to His Majesty includes a place belonging to any Department 20 of the Government of New Zealand or to any board, commission, corporation, or body that is ali agent of His Majesty or an instrument of the Executive Government of New Zealand, whether the place is or is not actually vested 25 iii His Majesty: Expressions referring to communicating or receiv- ing include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or 30 information itself or the substance, effect, or description thereof only is communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document include copying or causing 35 to be copied the whole or any part thereof (whether by photography or otherwise) ; and expressions referring to the communica- tion of any sketch, plan, model, artiele, note, or document include the transfer or trans- 40 mission thereof. 3. ( 1) If any person for any purpose prejudieial to Spying. the safety or interests of the State- Cf. Official (a) Approaches, inspects, passes over or is in the Secrets Aet, 1911, s. 1 (1) neighbourhood of, or enters amy prohibited (U.K.) 45 place; or 4 Official Secrets

( b) Makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy;

Or (c) Obtains, collects, records, or publishes, or com- 5 munieates to any other person any secret official code word or password, or any sketch, plan, model, article, or note, or other doeu- ment or information which is calculated to be or might be or is intended to be directly or 10 indirectly useful to an enemy,- he commits an offence against this Act and shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years, or, in the ease of a company or corporation, to a fine not exceeding /ive 15 thousand pounds. (2) Any person charged with an offence against this section may, if the circumstances warrant sueh a find- ing, be found guilty of any other offence against this Aet. 20 Communications 4. (1) In any proceedings against a person for an with foreign agents to be offence against section three of this Act, the fact that evidence of he has been in communication with, or attempted to certain offences. communicate with, a foreign agent, whether within or CL Official Secrets Act, outside New Zealand, shall be evidence that he has, 25 1920, s. 2 for a purpose prejudicial to the safety or interests of (U.K.) the State, obtained or attempted to obtain information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy. (2) For the purposes of this section, but without 30 prejudice to the generality of the foregoing provision,- (a) A person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent if- (i) He has, either within or outside New 36 Zealand, visited the address of a foreign agent or consorted or associated with a foreign agent; or (ii) Either within or outside New Zealand, the name or address of or any other informa- 40 tion regarding a foreign agent has been found in his possession, or has been supplied by him to any other person, or has been obtained by him from any other person: 6#lcial Secrets 5

( b) The expression " foreign agent " includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign Power, either directly or in- 5 directly, for the purpose of committing an act, either within or outside New Zealand, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or outside New Zea- 10 land, committed or attempted to commit sueh an aet in the interests of a foreign Power: (c) Any address, whether within or outside New Zealand, reasonably suspected of being an address used for the receipt of communica- 15 tions intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to 20 be the address of a foreign agent, and com- munications addressed to such an address shall be, deemed to be communications with a foreign agent. 5. (1) If any person, for the purpose of gaining Unlawful use 25 admission, or of assisting any other person to gain glrrnis, admission, to a prohibited place, or for any other personation, false purpose prejudicial to the safety or interests of the doeuments, &c. State,- Cf. official (a) Uses or wears any naval, military, air force, Secrets Act, n 1920. s. 1 30 police, or other official uniform, whether oI (u.*.) New Zealand or of any other country, or any ' uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been 35 entitled to use or wear any such uniform;

or (b) Orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives 40 at the making of any false statement or any omission; or 6 Ofticial Secrets

(c) Forges, alters, or tampers with any passport or any naval, military, air force, police, or official pass, permit, certificate, licence, or other docu- ment of a similar character, whether of New Zealand or of any other country (in this 5 section referred to as an official document), or uses or has in his possession any forged, altered, or irregular official document; or (d) Personates or falsely represents himself to be a person holding, or in the employment of a 10 person holding, omee under His Majesty or under the Government of any country other than New Zealand, or to be or not to be a person to whom an official document or a secret official code word or password, whether of New 15 Zealand or of any other country, has been duly issued or communicated, or, with intent to obtain an official document or any such seeret official code word or password, whether for himself or for any other person, knowingly 20 makes any false statement; or (e) Uses, or has in his possession or under his control any official die, seal, or stamp, whether of New Zealand or of any other country, or any die, seal, or stamp so nearly representing any such 25 - official die, seal, or stamp as to be calculated to deeeive, or counterfeits any such official die, seal, or stamp, or uses or has in his possession or under his control any such counterfeited die, seal, or stamp,- 30 he commits an offence against this Aet. (2) If any person-- (a) Retains for any purpose prejudieial to the safety or interests of the State any official document, whether or not completed or issued 35 for use, when he has no right to retain it or when it is contrary to his duty to retain it, or fails to comply with any directions issued by lawful authority with regard to the return or disposal thereof; or 40 0#icial Secrets 7

(b) Allows any other person to have possession of any official document issued for his use alone, or communicates any such secret official code word or password as aforesaid so issued, or 5 has in his possession any official document or any such secret official code word or password issued for the use of some person other than himself, or, on obtaining possession of any official document, whether by finding or other- 10 wise, neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to a constable; or (c) Manufactures or sells, or has in his possession for sale, any such die, seal, or stamp, as 15 aforesaid,- he commits an offence against this Act. 6. (1) If any person, having in his possession or Wrongful

control any secret official code word or password, whether communicationof in£ormation. of New Zealand or of any other country, or any ch Omcial 20 sketch, plan, model, article, note, document, or Secrets Aet, , 1911. s. 2 information which relates to or is used in a prohibitea (u.*,) place or anything in a prohibited place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by 25 any person holding office under His Majesty or under the Government of any other country, or which he has obtained or to which he has had access owing to his position as a person who holds or has held such an office, or as a person who holds or has held 30 a contract made on behalf of His Majesty or on behalf of the Government of any other country, or a contract the performance of which in whole or in part is carried out in a prohibited place, or as a person who is or has been employed under a person who holds or 35 has held such an office or contract,- (a) Communicates the code word, password, sketch, plan, model, article, note, document, or infor- mation to any person, other than a person to whom he is authorized to communicate it 40 or a person to whom it is in the interest of the State his duty to communicate it; or 8 Oftici41 Secrets

(b) Uses the information in his possession in any manner, or for any purpose, prejudical to the safety or interests of the State; or (c) Retains the sketch, plan, model, article, note, or document in his possession or control when 5 he has no right to retain it or when it is contrary to his duty to retain it, or fails to eomply with any directions issued by lawful authority with regard to the return or disposal thereof; or 10 ( d) Fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code word or password, or information,- 15 he commits an offence against this Act. (2) If any person, having in his possession or control any sketch, plan, model, article, note, document, or information which relates to munitions of war, whether of New Zealand or of any other country, communicates 20 it, directly or indirectly, to any person in any manner, or for any purpose, pre judicial to the safety or interests of the State, he commits an offence against this Act. (3) If any person receives any secret official code word or password, or any sketch, plan, model, article, 25 note, document or information knowing or having reasonable ground to believe, at the time when he receives it, that the code word, password, sketch, plan, model, article, note, document, or information is eom- municated to him in contravention of this Act, he shall 30 be guilty of an offence against this Act, unless he proves that the communication to him of the eode word, pass- word, sketch, plan, model, article, note, document, or information was contrary to his desire. Proof of 7. On a prosecution under this Act, if, from the 35 purpose circumstances of the ease, or the conduct of the accused prejudicial to safety or person, or his known eharaeter as proved, it appears interests of that his purpose was a purpose prejudicial to the safety State.

Cf. Omeial or interests of the State, it shall be deemed that his Secrets Act, purpose was sueh a purpose unless the contrary is 40 1911, s. 1 (2) (U.K.) proved, whether or not any particular act tending to mhow such a purpose is proved against him; and if Official Secrets 9

any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place, or anything in a prohibited place, or any secret official code word or pass word is made, obtained, collected, 5 recorded, published, or communicated by any person other than a person acting under lawful authority, it shall be deemed to have been made, obtained, collected, recorded, published, or communicated for a purpose prejudieial to the safety or interests of the State 10 unless the contrary is proved. Struck out

8. ( 1) Every person eommits an offence against this Unlawful Act who- mapping. Of. Crimes, Makes or causes to be made any unla.wful map, Aet, 1914, 15 or takes or causes to be taken any unlawful No. 12, s. 83 f Au8tralia) soundings or any action whatsoever for the purpose of unlawful mapping: (b) Makes any record of any unlawful map, soundings, or mapping: 20 (e) Knowingly has in his possession any record of any unlawful map, solindings, or mapping: (d) Communicates any record of or information concerning any unlawflil map, soundings, or mapping to any person other than a person to 25 whom he is authorized to communicate it or a person to whom it is in the interest of the State his duty to communicate it. (2) For the purposes of this section all maps, soundings, or mapping made, taken, or done within 30 the territorial limits of New Zealand or in respect of any place within those limits shall be deemed to be unlawful unless they were made, taken, or done under the authority of His Majesty, or were reasonably necessary for the navigation of any vessel or aircraft 35 from which they were made, taken, or done or for any purpose in which a vessel or aircraft from which they were made, taken, or done, was lawfully engaged. (3) In any prosecution under this section the burden of proving that any maps, soundings, or mapping were 40 not unlawfully made, taken, or done shall be upon the person accused.

9 10 Ollicial Secrets

Struclo out (4) Any figure or word or sign representing a figure (other than the printed figures appearing on any official or recognized map or chart) appearing on any map or sketch of any portion of the land or territorial 5 waters of New Zealand shall, in the absence of proof to the contrary, be deemed to be a record of an unlawful sounding or of unlawful mapping, but nothing in this subsection shall affect proof of unlawful soundings or mapping in any other manner. 10 (5) All records of unlawful soundings or mapping, including all maps or charts having thereon any record of unlawful soundings or mapping, shall be deemed to be forfeited to His Majesty. Interfering 9. Every person commits an offence against this 15 with police or persons on Aet who, in the vicinity of any prohibited place, obstruets, guard. knowingly mislea(is. or otherwise interferes with or Cr. Official impedes- Secrets Act, 1920,8.3 (a) Any eonstable; or (U.K.) (b) Any person engaged on guard, sentry, patrol, or 20 other similar duty in relation to the prohibited place. Harbouring 10. If an4 person- spies. (a) Knowingly harbours any person whom he knows, Cf. Omcial Secrets Aet, or has reasonable grounds for supposing, to 25 1911, s. 7 be a person who is about to commit or who (U.K.) has committed an offence against this Act, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons; or 30 (b) Having harboured any such person, or permitted to meet or assemble in any premises in his occupation or under his eontrol any sueh persons, wilfully omits or refuses to disclose to an Inspector of Police any information 36 which it is in his power to give in relation to any such person,- he commits an ofTenee against this Aet. Attempts, 11. Every person who attempts to commit an offence incitements, &6. against this Aet, or solicits or ineites or endeavours to 40 Cf. Omeial Seerets Aet, persuade another person to commit an offence against 1920,8.7 this Aet, or aids or abets or does any act preparatory (U.K.) to the commission of an offence against this Act, shall be deemed to have committed that offence. Ogicial Secrets 11

12. (1) Where the Commissioner of Police is satis- Duty of giving information as lied that there is reasonable ground for suspecting that to ofenees. an offence against this Aet has been committed and for cf· Official believing that any person is able to furnish information Secrets Act, 1920, s. 6 5 as to the offence or suspected offence, he may apply (UK.); to the Attorney-General for permission to exercise the Official Secrets Act, 1939 powers conferred by this subsection and, if permission (2 & 3 Geo. VI, is granted, he may authorize an Inspector of Police to eh. 121),8.1 (U.K.) require the person believed to be able to furnish informa- 10 tion to give any information in his power relating to the offence or suspected offence, and, if so required and on tender of his reasonable expenses, to attend at such reasonable time and place as may be specified by the Inspector of Police; and if a person required in 15 pursuance of such an authorization to give information, or to attend as aforesaid, fails to comply with any such requirement or knowingly gives false information, he commits an offenee against this Act. (2) Where the Commissioner of Poliee has reasonable 20 grounds to believe that the ease is one of great emergency and that in the interest of the State immediate actiozi is necessary, he may exercise the powers conferred by the last preceding subsection without applying for or being granted the permission of the Attorney-General, 25 but if he does so he shall forthwith report the circum- stanees to the Attorney-General. 13. Any person who is found committing an offence power to arrest, against this Act, or who is reasonably suspected of cf. Omcial f Secrets Actj having committed or of having attempted to commit or o 1911, s. 6 30 being about to commit sueh an offence, may be arrested (U.K.) without warrant. 14. (1) If a Justice of the Peace is satisfied search warrants. on oath that there is reasonable ground for suspect- ef. Omcial ing that an offence against this Act has been or 18 Seerets Act, 35 about to be committed, he may grant a search warrant 1911, s. 9 (U.K.) authorizing an6r constable named therein to enter at any time any premises or place specified in the warrant, by force if necessary, and to search the premises or place and every person found therein, and to seize any sketch, 40 plan, model, article, note, or document, or anything of a like nature, or anything which is evidence of an offence against this Act having been or being about to be committed, which he may find on the premises or place or on any such person, and with regard to or 12 Ollicial Sectets

in connection with which he has reasonable ground for suspecting that an offence against this Act has been or is about to be committed. (2) Where it appears to an Inspector of Poliee that the ease is one of great emergency and that in the interest of the State immediate action is necessary, he may by a written order signed by him give to any eonstable the like authority as may be given by the warrant of a Justice under this section.

Restriction on 15. A prosecution for an o ffenee against this Aet 10 prosecution. shall not be instituted except by or with the consent Cf. Official Secrets Act, of the Attorney-General: 1911, s. 8 Provided that a person charged with any such (U.K.) offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may 15 be remanded in custody or on bail, notwithstandinig that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained. 20 Trial and 16. (1) Every person who commits an offenee punisliment of offences, against this Aet for which no other punishment is ('f. Omcial provided shall be liable- Secrets Act, (a) On conviction on indictment to imprisonment 1920, s. 8 C U.K.) for a term not exceeding Se'De# years or to a 23 fine not exceeding /ive hundred pounds, or to both, or, in the ease of a company or corpora- tion, to a fine not exceeding three thousand pounds; or ( b) On summary conviction to imprisonment for a 30 term not exceeding twelve months or to a fine not exceeding two hundred pounds, or to both, or, in the case of a company or corporation, to a fine not exceeding one thousand pounds: Provided that no offence shall be dealt with sum- 35 marily except with the eonsent of the Attorney-General. (2) For the purposes of the trial of any person for an offence against this Act the offence shall be deemed to have been eommitted either at the place in whieh it aetually was eommitted or at any place within New 40 Zealand in which the offender may be found. (3) In addition to and without prejudice to any powers which a Court may possess to order the exclusion of the public from any proceedings, if, in the course of O#icial Secrets 13

proceedings before a Court against any person for an offence against this Act or the proceedings on appeal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of 6 any statement to be made in the course of the proceed- ings would be prejudicial to the safety or interests of the State, that all or any portion of the public should be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of 10 sentence shall in any ease take plaee in pul,lie. (4) Where the person guilty of an offence against this Aet is a company or corporation, every director and officer of the company or corporation shall be guilty of the like offence unless he proves that the act or 15 omission constituting the offence took place without his knowledge or consent. 17. (1) This Aet shall apply to every aet or oinission Extent of Aet. eonstituting an offence against this Act if it is done cf. Omeial or made by any person in any part of New Zealand. Secrets Act, 1911, s. 10 (1) 20 (2) This Act shall apply to every act or omission (U.K.) ; Omcial constituting an offence against this Act if it is done or Secrets Act, made outside New Zealand in any of the following (1939, eh. 49), s. 121 () eases:-- (a) Where the offender at the time of the aet or 25 omission was a New Zealand citizen or a New Zealand proteeted person within the meaning of the British Nationality and New Zealand 1948, No, 15 Citizenship Act 1948, or a person holding office under His Majesty or owing allegiance to His 30 Majesty: (b) Where any code word, password, sketch, plan, model, article, note, document, information, or other thing whatsoever in respeet of which the. offender is charged was obtained by him, or 35 depends upon information obtained by him, while he was in New Zealand, or while he was a New Zealand citizen, or a New Zealand protected person, or a person holding office under His Majesty or owing allegiance to His 40 Majesty. 18. (1) This Act shall be in force in the Cook Islands, Application the Tokelau Islands, and Western Samoa. of Act to island (2) This Act is hereby declared to be a reserved territories enactment for the purposes of section nine of the Samoa and Western Samoa. 45 Amendment Act 1947. 1947, No. 48 14 01Bcial Secrets

(3) In this Act, except in this section, both in New Zealand and in the Cook Islands, the Tokelau Islands, and Western Samoa, the term " New Zealand " shall be construed as including the Cook Islands, the Tokelau Islands, and Western Samoa, and every reference to the 3 Government of New Zealand shall be construed as including the Government of the Cook Islands, the Government of the Tokelau Islands, and the Government of Western Samoa. (4) All criminal jurisdiction conierred by this Act 10 may be exercised by the High Court of the Cook Islands in the ordinary course of it>+ eriininal jurissdietion, or by the High Court of Western Samoa in the ordinary course of its eriminal jurisdiction. For the purposes of this subsection, paragraph (a) of subsection one 15 of section sixteen of this Act shall apply as if the words " on indictment " were omitted, and paragraph (b) of that subsection and the proviso to that subsection shall not apply. ( 5) In the application of this Act to the Cook 20 Islands, other than Niue,- (a) Every reference to the Governor-General or to the Attorney-General shall be construed as including the Resident Commissioner of Rarotonga: 25 ( b) Every reference to an Order in Council shall be construed as including an order made by the Resident Commissioner of _Harotonga and publicly notified : (c) Every reference to a Justice of the Peace shall 30 be construed as including a Magistrate within See Reprint, the meaning of Part VI of the Cook Islands of Statutes, Act, 1915: Vol. II, p. 711 (d) Every reference to the Commissioner of Police: shall be construed as including the Chief 35 Officer of Police at Rarotonga: ( e) Every reference to an Inspector of Police shall be construed as including any offieer of police. (6) In the application of this Act to the Island of Niue - 40 (a) Every reference to the Governor-General or to the Attorney-General shall be construed as ineluding the Resident Commissioner of Niue: (b) Every reference to an Order in Council shall be construed as including an order Inade by the 45 Resident Commissioner of Niue and publicly notified: 08icial Secrets 15

( c) Every reference to a Justice of the Peace shall be construed as including a Magistrate within the meaning of Part VI of the Cook Islands See Reprint of Statutes, Aet, 1915: Vol. II, p. 711 5 (d) Every reference to the. Comniissioner of Police shall be construed as including the Chief Officer of Police at Niue: ( e) Every reference to an Inspector of Police shall be construed as including any officer of police. 10 (7) In the application of this Act to the Tokelau Islands- (a) Every reference to the Governor-General or to the Attorney-General shall be construed as including the Administrator of the Tokelau 1 5 Islands: (b) Every reference to an Order in Council shall be construed as including an order made by the Administrator of the Tokelau Islands. (8) In the application of this Act to Western 20 Samoa- (a) Every reference to the Governor-General or to the Attorney-General shall be construed as including the High Commissioner of Western Samoa: 25 (b) Every reference to an Order in Council shall be construed as including an order made by the High Commissioner of Western Samoa and published in the Western Samoa Gazette: (c) Every reference to a Justice of the Peace shall 30 be construed as including a Judge or Com- missioner of the High Court of Western Samoa: ( d) Every reference to the Commissioner of Police shall be construed as including the Superin- 35 tendent of Police or other principal officer of police in Western Samoa. 19. The Official Secrets Act 1911 of the Parliament Repeal. of the United Kingdom shall on the passing of this Act 1&2 Geo. v, ch. 28 cease to have effect in New Zealand.

By Authority: R. E. OWEN, Government Printer, Wellington.-1951.