12Prime Minister may give directions

12 Prime Minister may give directions

(1) Subject to subsection (2), the Prime Minister may give directions to the Director‑General concerning the performance of ONI’s functions or the exercise of ONI’s powers. (2) However, the Director‑General is not subject to direction in respect of the content of, or any conclusions to be reached in, any advice given, or report or assessment prepared, by ONI under this Act. (3) The Director‑General need not comply with a direction to the extent that: (a) compliance with the direction would be inconsistent with the Director‑General’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to ONI; or (b) the direction relates to the Director‑General’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to ONI. (4) The Director‑General may request that a direction be given in writing, and if the Director‑General makes such a request, the Prime Minister must provide the direction in writing.

Note: The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given).

(5) A direction given under this section is not a legislative instrument.