Law changes will better control NZ spy agencies

Changes to proposed spying laws have tightened the rules around obtaining warrants and placed more responsibility for the actions of New Zealand’s spies directly on the responsible minister.

The details have been released in a report from MPs sitting on Parliament’s foreign affairs, defence and trade select committee to Minister for National Security and Intelligence Bill English.

Following a review into New Zealand’s two spying agencies – the Security Intelligence Service (SIS) and the Government Communications and Security Bureau (GCSB) – former Prime Minister John Key launched the biggest reform bill in the country’s history.

The Government introduced a bill last August, which accounted for most of the 107 recommendations from Sir Michael Cullen and now-Governor General Dame Patsy Reddy, including one to allow external spy agency the GCSB to spy on New Zealanders under tight controls.

While the review and subsequent bill will bolster the powers of the two agencies, it will also strengthen the power of watchdog the inspector general of intelligence and security to keep them in check.

The select committee heard submissions from experts and the public.

‘‘As we said at the start of this process, we want broad political support for this legislation and the report back by majority reflects the constructive approach taken by the committee,’’ English said.

‘‘National security is a fundamental responsibility of any government and it is vital our intelligence and security agencies have legislation that is fit for purpose.

‘‘One of the most significant changes is a two-pronged approach to national security in the warranting regime,’’ he said.

MPs have recommended that both the authorising minister and the commissioner of intelligence warrants must be satisfied the spying warrant is necessary for the protection of national security.

It was a change from the original requirement, which would have seen the attorney general provide one half of the sign-off, instead of the minister.

‘‘Being responsible for issuing warrants would ensure that the responsible minister is aware of the day-to-day business of the agency, of which warrants are a significant component,’’ the committee said in its report.

A Type 1 intelligence warrant authorises a spy agency to carry out what would be otherwise illegal activity, to collect information again New Zealand citizens and residents.

Following that two-part sign-off, the warrant would also have to be deemed necessary to ‘‘identify, enable the assessment of, or protect against’’ one or more of a specific list of harms.

They included terrorism or violent extremism, espionage or other foreign intelligence activity, sabotage, proliferation of weapons of mass destruction, serious crime and interference with information or information infrastructures of importance to the New Zealand Government.

English said the new approach would ensure agencies could ‘‘continue to respond to increasingly complex security threats while providing greater certainty and robust safeguards for New Zealanders’’.

Other key changes included: Tightening the warranting regime by removing ‘‘purposebased’’ warrants and imposing stricter rules on the use of ‘‘practice’’ or training warrants.

Introducing a fixed-term standing authorisation for business record information from telecommunications network operators and financial services providers in certain circumstances. This information is currently provided on a voluntary basis. The new legislation will provide statutory authority for this work.

Further strengthening the oversight of the agencies through the introduction of additional ministerial policy statements, annual reporting requirements and compulsory information registers to assist the inspector-general to exercise her oversight functions.

‘‘This legislation increases the transparency and oversight of the agencies while ensuring they are able to protect New Zealanders at home and overseas,’’ English said.