New Zealand Law Society
Media Advisory
02 . 07 . 13
GCSB Bill – Expansion of GCSB intelligence gathering intrusive
The New Zealand Law Society presented its submission on the Government Communications Security Bureau and Related
Legislation Amendment Bill to the Intelligence and Security Committee today.
Law Society spokesperson Dr Rodney Harrison QC says the bill empowers the GCSB to spy on New Zealand citizens and
residents.
Dr Harrison says the bill is intrusive and that no clear justification has been provided for the extraordinary extension
of powers of the GCSB to conduct surveillance on New Zealand citizens and residents.
The new objectives and functions for the GCSB effectively transform it from an agency which gathers foreign intelligence
to one which also obtains domestic intelligence.
“This is inconsistent with the rights to freedom of expression and freedom from unreasonable search and seizure under
the New Zealand Bill of Rights Act 1990 and with privacy interests recognised by New Zealand law,” he says.
The Law Society recognises the critical role intelligence-gathering plays in ensuring New Zealand’s security, but
believes that extensive amendments to the state’s surveillance powers should not be passed by Parliament lightly.
“More information should be provided to the public about the justification for the proposed changes to the operation of
the GCSB. Further public debate is needed, and safeguards should be incorporated into the law if the reforms are to
proceed,” Dr Harrison says.
The Law Society is concerned that Parliamentary urgency has been used to push through the bill, which has resulted in a
shortened timeframe for public consultation and submissions.
If the reforms are to proceed, the Law Society recommends a range of amendments to the Government Communications
Security Bureau Act 2003 and related legislation. In particular, the Law Society recommends that:
• systemic checks are put in place to ensure the GCSB’s extended powers are exercised appropriately;
• the office of the Inspector-General of Intelligence and Security is strengthened;
• the Inspector-General undertakes a full operational review following amendments to the GCSB Act, and reports to
Parliament on whether the Inspector-General of Intelligence and Security Act remains fit for purpose in providing for
effective independent oversight; and
• the Intelligence and Security Committee Act 1996 is amended to assist in the overall objective of strengthening the
oversight provided by the Intelligence and Security Committee.
ENDS