The Post

Chinese law hinders 5G Huawei deal

- Tom Pullar-Strecker tom.pullar-strecker@stuff.co.nz

A Chinese ‘‘national intelligen­ce law’’ is understood to be one of the obstacles to technology giant Huawei being allowed to help build a 5G network in New Zealand.

It is understood Spark has now been fully debriefed by the Government Communicat­ions Security Bureau (GCSB) on why it declined a proposal from Spark to use Huawei to help build its 5G network.

Spark wants to have the 5G network up and running in 2020.

China’s National People’s Congress passed the National Intelligen­ce Law in June last year.

The Canadian government said the law provided official sanction for the intelligen­ce services to ‘‘compel co-operation’’ from Chinese citizens.

It is understood the law is being interprete­d to mean that any citizen or company linked to China can be compelled to engage in espionage or to collect intelligen­ce anywhere in the world. Huawei has been asked for comment. Spark has said its 5G plan would have seen technician­s employed by Huawei install 5G network access equipment in New Zealand.

The National Intelligen­ce Law is not believed to be the only obstacle facing Huawei in New Zealand, with Spark likely to have also been presented with confidenti­al material.

Huawei has been deeply entrenched in New Zealand telecommun­ications for several years, supplying network equipment to Spark, 2degrees, Vodafone and Chorus.

However, it is understood there are particular sensitivit­ies over the next generation in mobile technology.

These are believed to centre on the concern that people’s personal informatio­n could not easily be ‘‘ring-fenced’’ within the core of the new network – which Huawei is not competing to supply – because of the particular characteri­stics of 5G technology.

The debriefing means the ball is now back in Spark’s court. Spark spokesman Andrew Pirie said it was still in dialogue with the GCSB.

But the next step will be for it to decide whether to explain how it could ‘‘prevent or mitigate’’ the risks the GCSB has identified, or abandon its proposal to source equipment from Huawei.

If Spark did attempt to address the GCSB’s concerns, the GCSB would then have to decide whether to refer the matter to the Minister responsibl­e for GCSB, Andrew Little.

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