Human Rights Commission releases Report to Prime Minister on security and intelligence matters
The Human Rights Commission has released its report to the Prime Minister on the Government Communications Security
Bureau and Related Legislation Amendment Bill, the Telecommunications (Interception Capability and Security) Bill and
broader human rights matters regarding surveillance.
Chief Commissioner David Rutherford said the Commission used its direct reporting function under the Human Rights Act
1993 due to the seriousness of the proposed Bills’ measures and the need for proper oversight of the surveillance
activities of intelligence agencies.
“The Commission is concerned that the proposed Bills are wide-reaching without sufficient safeguards against abuse of
power. There is inadequate oversight and inadequate provision for ensuring transparency and accountability. The
Commission notes media reports that these issues are matters of discussion between some of the leaders of political
parties in New Zealand.
“The Commission recognises that some level of surveillance is inevitable and justifiable from a human rights perspective
in a democratic society. However, surveillance can be subject to human rights principles, protecting human rights and
limiting them only when proportionate and justified and in accordance with the law.
“The right to privacy is fundamental in a democracy and reinforces other fundamental rights, such as rights to freedom
of expression, association and assembly. The proposed restrictions on the right to privacy are too general to be
proportionate to the Bills’ objectives.
“We note that the Bills were introduced before the recent media exposure of the extent of mass surveillance by some
States party to the Five Eyes arrangement. Public trust in Government intelligence agencies is at risk if surveillance
activities aren’t being conducted appropriately and seen to be so.
“It is in the interests of our intelligence agencies to have appropriate transparency and accountability mechanisms in
place to maintain public trust. We believe much of the public’s concerns could be alleviated if there was satisfactory
oversight of surveillance powers and we propose an independent cross-party select committee to oversee intelligence
agencies,” said Mr Rutherford.
The Commission’s report recommends:
A full and independent inquiry into New Zealand’s intelligence services be undertaken as soon as possible with terms of reference agreed on a
cross-political party basis, to consider the role and function of our intelligence services, their governance and
oversight mechanisms and to consider the balance between human rights and national security
Stronger accountability and oversight mechanisms, including Parliamentary oversight from a cross-party select committee, in addition to the Inspector-General
of Intelligence and Security
Amending the Bills in line with the submissions of the New Zealand Law Society and the Legislation Advisory Committee
Taking into account the submissions of Internet New Zealand, particularly as they relate to human rights
Human rights training for all members of New Zealand’s intelligence services
The full report is available on the Human Rights Commission’s website at http://www.hrc.co.nz/2013/human-rights-commission-releases-report-to-prime-minister-on-security-and-intelligence-matters
ENDS