MEDIA RELEASE – For immediate use, 27 November 2014

Law Society urges reduction of terrorist fighter bill powers

The New Zealand Law Society says powers proposed in the Countering Terrorist Fighters Legislation Bill should be reduced to ensure they are strictly limited to countering the threats that have arisen.

In its submission on the bill, the Law Society acknowledges its generally careful balance but says some provisions substantially interfere with human rights.

It urges the select committee to consider how some of the powers can be reduced without imperilling the objective at which they are aimed.

“The Law Society is asking Parliament to give full weight to the human rights dimension in its consideration of the Bill, consistent with the United Nations Security Council Resolution 2178,” Law Society spokesperson Andrew Butler says.

“The bill has been prepared with care and there has been a real effort to provide checks and balances to give protections against the powers which the bill gives the State. New Zealand also is obliged by the UN resolution to change its laws to comply.

“The Law Society would stress, however, that it is vital that the extent of these extraordinary powers is proportionate to the nature of the threat which they aim to address.”

The Law Society submission suggests reduction of powers in a number of areas:

• The length of time for passport denial and related issues should be reduced to a total of three years.

• The provisions relating to visual surveillance by the SIS need amendment and the safeguards should be increased.

• Warrantless emergency surveillance should be limited to 24 hours and the test for carrying it out strengthened to make the threshold higher.

• The sunset provisions should be amended so the temporary law expires on 1 October 2016 rather than 1 April 2018 as proposed.

The Law Society also says it is highly undesirable to pass legislation of this type under urgency.

“We’re not convinced that the case for urgency has been made out,” Dr Butler says.

“The terrorism threat level has been raised, but it’s hard to see any justification for fast tracking legislation which has such a potential to profoundly impact on human rights. Public input and debate is essential when legislation of this type is being considered.”

The Law Society submission on the bill is available at http://www.lawsociety.org.nz/__data/assets/pdf_file/0006/85056/Countering-Terrorist-Fighters-Legislation-Bill-27-11-14.pdf

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