Terror laws toughen-up
Push for new police powers to intervene, before a crime is even committed. Andrea Vance reports.
The Government is reviewing the anti-terror laws because the poorly executed Urewera raids mean authorities don’t want to use them.
Minister responsible for GCSB and SIS Andrew Little has ordered officials to fully scrutinise the Terrorism Suppression Act and the Counter Terrorism Act, both passed after 9/11 and the Bali bombings. They were judged ‘‘unworkable’’ after the botched Urewera raids in 2007, and Little said authorities were now reluctant to use them. While he wants to remain open to what will happen, police are pushing for greater powers to intervene earlier.
Following the raids 17 people faced 291 charges under the Arms Act. Most had their charges dropped when evidence was ruled inadmissible. Only four – Tame Iti, Te Rangikaiwhiria Kemara, Urs Signer and Emily Bailey – were convicted, on firearms charges. The Human Rights Commission received 31 complaints about police actions during the raids, on grounds including being stopped at a roadblock at Ruatoki and being photographed without consent, the negative implications of using the Terrorism Suppression Act, and the impact on children confined for several hours, some without food.
Trying to thwart terrorism and radicalisation before it happens is a dilemma many countries face. Britain, a partner in the Five Eyes intelligence alliance, has early intervention programmes, operated by police, community and religious leaders. But last year it introduced measures that could see those repeatedly viewing terrorist content online jailed for 15 years.
‘‘We wouldn’t go that far, but we have got to keep a check on whether our legislation allows our authorities to intervene – not necessarily to detain – to prevent what looks like the risk of a violent action,’’ Little says.
New Zealand’s south-east Asian neighbours Australia,
Malaysia, the Philippines and Indonesia, are dealing with a heightened risk with radicalised foreign fighters returning from Syria and Iraq. But New Zealand’s terror threat remains low, with only 30 to 40 people of concern to the security services.
‘‘We have an obligation to keep all the community safe. What powers do you need to do that in this environment of heightened access to images and video footage of violent extremism? Do you need powers to act earlier.’’
Getting encrypted data from services like WhatsApp is also on the table, after being raised at a Five Eyes meeting.
Officials from the Justice Ministry, police and the Department of Prime Minister and Cabinet are reviewing the legislation and will deliver a report next year. Little said he wanted a public debate on any proposed changes.
However, legal expert Cameron Walker, of Auckland University, said the independent Law Commission should carry out the review. ‘‘Those are the government departments responsible for running the act. It’s a conflict of interest.’’
He wrote a thesis on how the legislation was ripe for abuse. ‘‘It could be a bad thing if they beef up the legislation. Sometimes with these reviews, they already have a clear plan of action and that would be my concern.’’
Former Green MP Keith Locke is an opponent of the legislation: he said terrorism laws were unnecessary because such activity was already covered by the Crimes Act. ‘‘One of the problems is because there aren’t any real terrorists in New Zealand there is a tendency to go over the top. I prefer repeal rather than review. A review assumes you can deal with terrorist actions separate from the criminal law and I think that is a problem. You can see it in Australia and America – people can be criminalised for what they say rather than what they do.’’
There may be cross-House support for these changes, with a National spokesman saying the party was supportive of any efforts to keep New Zealanders safe and will consider the changes when they are put forward.
The Terrorism Suppression Act carries a maximum sentence of 14 years for planning or preparing to commit a terrorist act. The Counter Terrorism Act gave enhanced powers to police and Customs, and allowed for greater use of tracking devices.
One of the problems is because there aren’t any real terrorists in New Zealand there is a tendency to go over the top. Former Green MP Keith Locke