Part 5 s 78AA Crimes Act 1961 Version as at 6 November 2021 if the communication or delivery or intended communication or intended deliv‐ ery under paragraph (a) or paragraph (b) is likely to prejudice the security or defence of New Zealand. Section 78: replaced, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157). 78AA Wrongful communication, retention, or copying of classified information (1) (2) (3) Every person specified in subsection (2) is liable to imprisonment for a term not exceeding 5 years if the person, within or outside New Zealand,— (a) knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any classified information to any other person; or (b) knowing that he or she is acting without proper authority, retains or cop‐ ies any classified information; or (c) knowingly fails to comply with any directions issued by a lawful author‐ ity for the return of any classified information that is in his or her posses‐ sion or under his or her control. Subsection (1) applies to— (a) a person who holds, or has held, a government-sponsored national secur‐ ity clearance to access classified information; or (b) a person to whom classified information has been disclosed in confi‐ dence if— (i) the disclosure is authorised; and (ii) the person knows that the disclosure is in respect of classified information. In this section,— classified information means— (a) (b) information that— (i) is, or was, official information; and (ii) is classified under the New Zealand Government Security Classi‐ fication System as being accessible only to persons who have a national security clearance: foreign government information that is— (i) classified in a foreign country; and (ii) accessible only to persons having a government-sponsored national security clearance New Zealand Government Security Classification System means the secur‐ ity classification system applying to official information that is published (and from time to time amended) on an Internet site maintained by or on behalf of the New Zealand Security Intelligence Service 58