Tougher Restrictions On NZSIS Powers

The New Zealand Security Intelligence Service will be subjected to tougher restrictions under a new Amendment Bill introduced to Parliament today, Prime Minister and Minister in Charge of the NZSIS, Jenny Shipley said today.

The Intelligence and Security Committee (ISC) today reported back to Parliament on the first NZSIS Amendment Bill which will now be progressed into law. The Government also introduced a second Amendment Bill reflecting the concerns raised by people who made submissions on the first Bill last month.

"During the public hearings people expressed concerns about NZSIS warrants and the definition of 'security'.

"Most of the concerns were outside the scope of the first Amendment Bill, so the Government and members of the Intelligence and Security Committee have supported the introduction of a second Bill to address these broader issues," Mrs Shipley said.

The NZSIS Amendment Bill (No 2), tabled in Parliament today, is designed to give more certainty as to when the NZSIS can exercise its powers, and to create safeguards against any potential abuse of powers. The main features of the NZSIS Amendment Bill (No 2) are:

The definition of 'security' will be amended to make it clear that concerns relating to New Zealand's international or economic well-being are limited to foreign, or foreign-influenced, capabilities, intentions or activities.

It requires domestic interception warrants, which are those affecting New Zealand citizens or permanent residents, to be issued jointly by the Minister in charge of the NZSIS (traditionally the Prime Minister) together with a Commissioner of Security Warrants who will be a retired High Court Judge.

It provides that the Minister in charge of the NZSIS may not direct the NZSIS to put any person in New Zealand under surveillance.

It requires the Director of the NZSIS to consult regularly with the Leader of the Opposition, to keep her or him informed about security matters.

"Taken together, these measures provide a significant degree of additional reassurance concerning the special powers of the NZSIS.

"The second Amendment Bill will be subject to the full process of public consultation and public hearings, as was the case with the first Amendment Bill," Mrs Shipley said.

The Intelligence and Security Committee has recommended three main changes to the first Amendment Bill. These relate to clarification of technical definitions, protection for third parties inadvertently drawn into surveillance activities, and time limits on the terms of surveillance warrants.

The ISC is chaired by Mrs Shipley, and comprised of Opposition Leader Helen Clark, Sir Douglas Graham, Mike Moore and Don McKinnon.

"The Intelligence and Security Committee members appreciate the efforts that people made to give oral and written submissions on the first Bill. All members of the committee have taken these submissions seriously and acted on them," said Mrs Shipley.