Call for audit of police covert ops

"We live in an increasingly invasive environment.''

Justice Minister Andrew Little

A controversial law passed under the National Government could be changed, says Justice Minister Andrew Little.

The Search and Surveillance Bill squeaked through Parliament 61-57 in 2012, with votes divided on ideological grounds.

The New Zealand Law Commission reviewed the law last year and the report calls for greater oversight of covert police activities, including external audits.

However, it also found that there are times law enforcement values will take precedence over the right to privacy.

Little said the Government was in the process of considering the report.

‘‘We generally accept that the legislation can do with updating. We accept the need for greater powers of surveillance but we also have to protect people’s privacy.’’

Little encouraged people to be engaged with changes to the legislation as it could have a close and personal impact on everyday lives.

‘‘There is so much technology now where people give up their personal information on social media or are being monitored by private entities.

‘‘We live in an increasingly invasive environment and we need to ensure we protect people’s privacy as much as is legislatively appropriate.’’

Despite cries of an impending police state, former justice minister Judith Collins said at the time of its passage that the act brought ‘‘order, certainty, clarity and consistency’’ to ‘‘messy, unclear and outdated search and surveillance laws’’.

The legislation failed to gain the support of Labour, the Greens and the Ma¯ ori Party.

Drop in warrants for the first two days and no requirement of a warrant to make a covert audio recording of conversations between government agents and their target.

These provisions had the potential to reduce the number of warrant applications without reducing overall surveillance.

Indeed, five years after the bill was passed, data shows that the number of warrants issued by the Ministry of Justice has decreased.

Figures released under the Official Information Act show a drop of 9 per cent across the country.

Between 2013 and 2016, the number of warrants issued went from 9594 to 8810.

But Auckland Central and Waitemata¯ regions have bucked the national trend, with a 12 per cent increase in warrant numbers.

A police spokesperson said there were a number of reasons warrant numbers may fluctuate, but there were no known trends behind the 9 per cent reduction.

‘‘The Search and Surveillance Act 2012 is an important piece of legislation that police continue to use on a daily basis to keep our communities safe.’’

Auckland University Associate Professor Lech Janczewski said there had been continuing issues from the 2012 legislation.

‘‘We are applying 19th century law to 21st century problems,’’ he said.

‘‘For the last 20-30 years the speed of technology is such that it outstrips both custom and law. This is the essence of the problem.’’

The deputy chair of the Privacy Foundation NZ, Gehan Gunasekara, said there was fairly robust oversight of police activities.

Complications arose when there were combined surveillance efforts with organisations that were less transparent or rigorous, he said.