Oppose the Intelligence & Security Bill

Submissions are being called on for the new Intelligence and Security Bill – but we say it is time to draw a line in the sand. The unrelenting expansion of the NZ Intelligence Community must be stopped.

A brief over-view of the last few years shows how relentless the changes have been:

Since 2007 the NZ SIS Act has been amended a half a dozen times. In 2011 the Video Surveillance Bill became law; a year later the Search and Surveillance Bill was passed. This was followed in 2013 by two changes: the TICS Bill (the Telecommunications Interception Capability and Security) and the GCSB and Related Legislation Amendment Bill, a Bill passed by two votes. At the end of 2014 the Countering Terrorist Fighters Legislation Bill became law.

There has also been a seemingly never-ending series of reports, reviews and a concerted PR blitz:

In 2009 there was the Murdoch Report of the SIS, GCSB and EAB. In 2011 Pipitea House was opened enabling most of the NZ intelligence community to operate under one roof and thus uniting the intelligence culture. In 2012 Paul Neazor reported on GCSB spying in relation to the Dotcom saga, this was followed in March 2013 with the Kitteridge Report on the GCSB and then in 2014 the State Sector Review of the intelligence community was released. In 2015 the Cullen and Reddy Intelligence Review began and there was a lot of talk of ‘Jihadi Brides’.

Review of NZ Search and Surveillance Act underway

The Search and Surveillance Act  2012 is to be reviewed.

The Search and Surveillance Act is to be reviewed and a one-stop intelligence shop could come closer to realisation. Number 4 of the terms of references for the review is that it must look at whether the Act (or any related legislation) needs to be amended to enable broader use of the capabilities of the GCSB and /or NZSIS to support police investigations.

This would tie in nicely with the recommendations by Michael Cullen and Helen Reddy in their ‘Intelligence Review’ that the intelligence community operate under one Act, that is, in all but name there be a merge of the intelligence agencies.

The review of the Search and Surveillance Act is a statutory one required by law to look at the ‘operation of the provisions’ of the Act since it began, to see ‘whether those provisions should be retained or repealed’, and ‘if they should be retained, whether any amendments to the Act are necessary or desirable.’

Implicit in Amy Adams announcing of the review however, is that the agencies and institutions covered by the Act need more powers.

Intelligence merge not new

In all but name the Intelligence Review recommended a merge of the key NZ intelligence agencies. The proposal put forward by Sir Michael Cullen and Dame Patsy Reddy was to consolidate legislation governing the GCSB and NZSIS into one Act.

This idea is not new. In 2009 there was talk of merging the intelligence agencies. A Treasury official's notebook had been found in central Wellington and in the pages were notes about a merge. At the time John Key confirmed a merge of the intelligence agencies was an option, “I drove the decision to have a look (at how they operate) because there is quite a bit of crossover.” Value for money was also an issue he said. (The Murdoch Report was the result of this review)

Dollar value is a driving force and has already seen the building of the one-stop intelligence building, Pipitea House, in downtown Wellington. Now we will also see the agencies in a one-stop shop legal merge. One law to rule all.

Intelligence & security report a dream come true for the Five Eyes

The release of the Independent review of intelligence and security recommends a range of changes that are dangerous to ordinary people, both within NZ and elsewhere, and represents a massive concentration of state power.

The major recommendation is the consolidation of the two acts governing the GCSB and the SIS into a single law.  As Radio NZ reported, “A single piece of legislation would mean both agencies operated under the same objectives, functions and powers and warrant authorisation framework.” This is deeply problematic.

It must be understood at the outset that both GCSB and the SIS are essentially political police: they exist to identify threats to the New Zealand state, essentially “national security.” These agencies do not exist to root out criminal activity, that is the job of the Police. And, although in 2013, the GCSB was given the power to assist police with any matter, it is not an objective of that organisation (or the SIS) to prevent, detect or prosecute criminal offending.  While the definition of criminal offences are spelled out quite clearly in law with identifiable components and evidentiary thresholds, threats to “national security” are at best vague and difficult to define. Even the Law Commission, an eminent body of NZ legal practitioners, struggled to explain what the national security is, noting “While the New Zealand courts have not yet been called upon to define national security, we expect that they will also face difficulties in pinning down the concept although there are varying definitions in use.” (National Security Information in Proceedings,_ p.14).

Intelligence & Security Review Public Soon

The far from independent Intelligence Review was tabled before the government on Monday, 29th February. John Key has announced that he wants it made public before March 11th and it will not be redacted.

It will not be redacted as it will only be big picture stuff. There will probably be the usual calls that the GCSB and the SIS must follow the law, that they must be more transparent and should work more closely together.

There may be an increase in the role of the NCSC (National Cyber Security Centre). In one of her last public talks as acting director of GCSB, Una Jagose spoke about the importance of that group and increasing links between the corporate and intelligence world.

The Review will also bring law changes. A recently released 2014 'top-secret' briefing said law changes were the aim.

And the Review is to make recommendations on the life-span of the Countering Terrorist Fighters Legislation Bill.

Surveillance Film Festival

Stop the Spies is hosting a Surveillance Film Festival in Wellington, Christchurch and Dunedin this March.


"Has the portrayal of surveillance in films caught up with us? Dystopian Big Brother films from the past show glimpses of a present reality. Spy films and the machinations of spy paraphernalia capture our imagination with fantastical technology. Stasi and Cold War intelligence policing methods shock and titillate people. But Edward Snowden’s revelations opened many eyes to the ubiquitous world of mass surveillance right here and now.

"The Surveillance Film Festival is an opportunity to explore the portrayal of surveillance in films and documentaries and ponder the reality of surveillance in our lives today."


The Wellington festival will be held at Thistle Hall, Friday 25th March and Saturday 26th March. Details for Dunedin and Christchurch to be confirmed.

Security Intelligence Community say 'must finish what we have started'

This week brought us not just one but three reports from the ‘intelligence community’.

First there was the annual report of the Inspector General for Security and Intelligence (IG), Cheryl Gwen. It is pretty damning, and echoes many of the criticisms raised in the State Services 2014 review of the intelligence community, especially regarding the SIS.

The IG's annual report was covered on stuff, but there is a better analysis on No Right Turn. The report is littered with findings like this:

In the course of these inquiries, I identified systemic shortcomings in the procedures followed by the NZSIS. […] The process of preparing and finalising those reports has been more protracted than I would have wished because of the time required for my office and for NZSIS to work through the systemic issues that I had identified.

And it culminates in this conclusion:

As noted above, the Service lacked a compliance framework and policy, audit framework and dedicated staffing throughout this reporting period.[...] For those reasons, I cannot conclude that NZSIS had sound compliance procedures and systems in place.

Note that the innocent sounding word ‘compliance’ means nothing less than the organisation operating within the law. 

As if to counter the impression of an out of control organisation a reader would get from this report, a quasi-internal review by the SIS which had concluded in July was declassified a few days after the release of the IG’s report. It comes to the almost opposite conclusion:

The reviewer did not find any evidence of (nor was given any reason to believe there was) significant non-compliance within NZSIS.

So everything is OK then? Maybe Cheryl Gwen is a bit too critical. Or maybe Rebecca Kitteridge is a lot less concerned about these things now that she is actually responsible for the SIS than she was in 2013 when she reviewed the GCSB. Her report back then read very similar to Gwen‘s report about the SIS does now. Sometimes the best way to shut critics up is to put them in charge.

Widespread Lack of Trust in Security Intelligence Review

There is widespread distrust of NZ´s spy agencies, according to a report published 14th August by The Stop the Spies Coalition. The coalition, which includes the New Zealand Council for Civil Liberties, the Anti-Bases Campaign, OASIS, the Dunedin Free University and the What IF? Campaign, conducted its own People´s Review of the Intelligence Services in a series of public meetings and discussions in Auckland, Wellington, Christchurch and Dunedin. The report was issued on the closing day of submissions for the official review.

"The People´s Review has solicited a wide range of views from ordinary people in New Zealand about the operations of the intelligence services. The questions raised went far beyond the very narrow frame of reference of the official review, currently being carried out by Michael Cullen and Patsy Reddy," said Thomas Beagle, a spokesperson for Stop the Spies Coalition.

Topics of the submissions included issues of privacy, oversight, the effect of surveillance on society, the lawfulness of the agencies´ activities, NZ´s membership in the 5 Eyes network and whether having the GCSB and the SIS was even desirable and what the alternatives could be.

"Rather than answering the paternalistic and leading questions in the official review submission form, people discussed questions like whose interests the agencies serve, whether we really need them, and whether New Zealand should be in the Five Eyes," said Beagle.

Spies in PR frenzy

The current Listener (dated 15 August 2015) runs a cover story “Secrets & Spies – The revolution inside our intelligence agencies” by Rod Vaughan, who claims to have been granted “special access” to those agencies. This example of embedded journalism has attracted a scathing commentary by Chris Trotter, to which – on one level – there is not much to add.

Except that Trotter somehow misses the point. He – like Vaughan – falls into the trap set by spy masters. The talk about the alleged ‘revolution’ within the agencies, defined by their directors having attended anti-tour protests at the age of 15 (Kitteridge) or being lesbians (Jagose), is simply a distraction for the flattered journalist. The real messages are buried in the middle of all the nonsense of how the agencies have changed.

Kitteridge is given a half page of unquestioned quotes about how big a threat the Islamic State is for NZ, culminating in the dubious claim that the SIS is neither capable nor allowed to monitor people’s internet browsing behaviour. She is also given space to perpetuate the mantra that “my staff barely have time to read their own emails, let alone so many emails of other people” - the naïve and dangerous myth that ‘full collection’ means that someone actually reads all the stuff that people write. This is followed by Una Jagose lamenting at length the legal restrictions the GCSB is under. The implied message in both cases is that the agencies need more resources and fewer legal restrictions.

Getting these messages printed just before the deadline for public submissions to the ‘Intelligence Review’ was the real reason why Vaughan was granted ‘special access’ to Pipitea House. And these messages just happen to match a lot of the questions in the official submission form.

Also by sheer coincidence, Vaughan was not the only journalist who happened to run a piece on the spy agencies this week. The Dominion Post’s political editor Tracy Watkins came up with the same idea. Her article “Spy boss Rebecca Kitteridge goes on a recruiting drive” (complete with a highly relevant picture of James Bond with sports car) follows the same pattern. After some light-hearted banter about Kitteridge subjecting herself to a job interview at the SIS, Watkins obligingly writes what Kitterridge already spoke into Vaughan’s dictaphone: the Islamic State is coming and we need more resources.

Vaughan may also be disappointed that he wasn’t the first journalist to be given ‘special access’. Back in March 2013, when the GCSB’s illegal spying on 88 people was all over the news, TV3’s Jessica Mutch claimed to be the first reporter to have been inside the GCSB headquarters. Her report back to Q+A host Susan Wood sounded like a small child reporting to its parents from a school trip. She was so much in awe at the swipe card system and the tinted windows that she completely forgot to ask about the spying.

Get Smart - the People's Review of the Intelligence Agencies

The Intelligence Review is a review of New Zealand's intelligence services being conducted by Michael Cullen (ex-politician) and Patsy Reddy (lawyer and board member). It is nothing but a rubberstamp for mass surveillance and the Five-Eyes.

To help compensate for the lack of public consultation, the NZ Council for Civil Liberties is hosting public meetings in Wellington (July 29th) and Auckland (August 6th). They are inviting people to go along to have their say about what should happen to the GCSB, the SIS, and New Zealand’s participation in the Five Eyes spy network.

A Quick Look at Some Spying 'gone wrong'

At the annual NZIIP conference on Wednesday 15^th July, the Privacy Commissioner said “... we've really only in the last 40 years had public scrutiny of things where things go really wrong, so the average view that people in the public have is of the examples such as Ahmed Zaoui, Aziz Choudry, such as Kim Dotcom, where the agencies have been seen to have been in breach of the law.”

It was good to hear that John Edwards acknowledged those three cases as examples of 'where things really go wrong' in New Zealand's security intelligence. But he needs to do his homework and read some history. The three cases listed may have 'gone really wrong' but there are others. 

New Zealand has a long history of things going wrong and laws been breached. Even the very beginnings of official state intelligence was mired in controversy.

The first official intelligence agency was the Security Intelligence Bureau, it kicked off in 1941 with the arrival of Major Folkes, a British MI-5 agent who only three years earlier had been working in real estate. Folkes was duped by a con-man named Sidney Ross. On release from Waikeria prison, Ross travelled directly to Wellington and spun tales of plotters and saboteurs in Rotorua planning to overthrow the government and kill the prime minister. For three months he was believed before finally been uncovered; he was never charged in relation to the deception and Folkes was fired and sent back to Britain. The tale only came to light when Ross appeared in court at a later date on an unrelated charge of safe-breaking. Ross told the judge the story and it became public.

Peter Fraser, PM at the time, when questioned in the House about the débâcle came out with the classic line “It is not advisable in the public interest to discuss publicly the question of the means adopted to ensure public security.” A statement very similar to that trotted out by modern PMs.

After Folkes left Wellington, the SIB was effectively taken over by the police but was reconstructed in the late 1940s after visits again by the MI-5 and then finally in 1956 the SIS was established. In 1969 the first NZSIS Act was passed.

But even when the SIS became legal there continued to be 'things that really go wrong'. The first director, Brigadier Gilbert, had to pay damages to an Auckland barrister for identifying him as a communist in a 1962 speech entitled 'Communist Cancer in our Society'. The barrister was not a communist but an anti-nuclear activist and member of CND.

Intelligence review - a rubberstamp

Headed by Michael Cullen and Patsy Reddy the mandatory review of all security agencies and security legislation was finally announced on Wednesday 13 May.

The review will be a rubberstamp for the government's mass surveillance, the Five-Eyes and the US's endless 'war on terrorism.'

Through recent revelations by Edward Snowden and Nicky Hager it has now been proven that the GCSB is without doubt part of the US's National Security Agency apparatus and New Zealand is an active member of the Five-Eyes. The first few months of 2015 have seen more information coming to light about this country and its role in the Five-Eyes (also known as UKUSA) and the use of the GCSB by the government to ensure political power and control is maintained by them.
Snowden has released documents showing that:

• the GCSB spies on Pacific countries and everyone residing, passing through or holidaying in that area (leaked 8 March), 
• the GCSB spies on Vietnam, China, India, Pakistan, South American nations and a range of other countries (leaked 11 March),
• the GCSB spied on Tim Groser's rivals for the position of director-general of the WTO. The GCSB operation involved covert surveillance of candidates from Brazil, Costa Rica, Ghana, Jordan, Indonesia, Kenya, Mexico and South Korea.
• the GCSB spies on Bangladesh and shares that data with the Bangladeshi government (leaked 16 April), 
• the GCSB had plans to hack a data link between the Auckland Chinese consulate and the Chinese Visa Office, five minutes down the street (leaked 17 April), and there will be more to come.

John Key has admitted that it is likely that information gathered and supplied by the GCSB to the NSA has played a role in enabling the US military to carry out drone strikes that have killed hundreds of civilians, including children.

The SIS also has a disturbing history. Release of archives in the first decade of this century showed that the SIS spies on political dissidents, children and vulnerable refugee communities. Last year, the Inspector General of Intelligence and Security investigated and upheld allegations that Key's office had used information from the Security Intelligence Service spy agency to gain a political advantage in the 2011 general election.

Both the SIS and the GCSB are a dangerous threat to the security of ordinary people. We don't need a review to tell us what we already know. OASIS calls for the disestablishment of both.

The Countering Terrorist Fighters Legislation Bill passed

The Countering Terrorist Fighters Legislation Bill was passed on 9th December 2014.

The Bill makes changes in three Acts: the Passports Amendment Act 2014, Customs and Excise Amendment Act 2014 and the New Zealand Security Intelligence Amendment Act 2014.

It amends three existing laws to give the SIS greater powers of surveillance and to give the Minister of Internal Affairs greater powers to suspend and cancel passports.

The SIS will now be allowed to conduct surveillance on terrorist suspects without a warrant for 24 hours, to conduct video surveillance on private property (in relation to suspected terrorism), and to have access to the Customs data in relation to suspected terrorism.

Terror Bill Urgent!

The Countering Terrorist Fighters Legislation Bill is getting rushed through the NZ Parliament with the plan for it to be law before the House adjourns for summer.

The Bill was introduced in Parliament on Tuesday 24^th November, submissions due on Thursday 27 November, oral submissions will be heard on both the 27^th and 28^th November, the Bill is to be reported back by Tuesday, 2nd December – eight days after it was introduced and then it will be law by Thursday 11^th December.

The reason for such urgency and speed is that 'our' way of life and the values that shape 'our' society are under threat. Some people would argue that what passes for democracy is actually what is under threat with the passing of this Bill – for this Bill enhances state surveillance power and expands state control.

With the continuous singing of the mantra 'terror, terror, terror', we seem to live in an increasingly hysterical time where Bills such as this one can be introduced and passed. Just within the last few years there have been numerous surveillance and 'terror' Bills, including: in 2013 both the ‘GCSB and Related Legislation Amendment Bill' and the TICS (Telecommunications Interception Capability and Security) Bill, in 2012 the Search and Surveillance Act, in 2011 the 'SIS Amendment Bill', in 2007 the Terrorism Suppression Amendment Bill. The list goes on. This country has a reputation for passing laws quickly.

SIS Law Changes: 'Remember, remember – terror, terror, terror' & the Group of 10

Is it deliberate or ironic that John Key's 'security threat' talk was on Guy Fawkes Day, the 5^th of November?

As children in some parts of the world sing 'Remember remember the fifth of November: gunpowder, treason and plot' and light bonfires and explode fire crackers, John Key's mantra has been 'terror, terror, terror - we are in danger'. 'We' need to be kept safe because 'our' way of life and the values that shape 'our' society are under threat.

We need protection and John Key's government will provide it.

This morning at Victoria University, Wellington, John Key talked about the need for quick law changes to strengthen SIS surveillance powers and curtail people's rights to travel. These are changes that cannot wait until next year's scheduled intelligence review.

The five key changes announced are:

• the cancellation of passports for up to three years
• the suspension of passports temporarily for up to 10 working days in urgent cases whilst preparing the paperwork to cancel the passport
• video surveillance by the SIS (NZ Security Intelligence Service) in 'a private setting or which would involve trespass onto private property' ie. in people's homes and on marae
• 48 hour surveillance by the SIS without a warrant
• a cash injection into the SIS so they can increase the number of people working to monitor and investigate 'foreign' terrorist fighters.

The last time SIS powers were expanded was back in July 2011 with the passing of the SIS Amendment Bill. That Bill had been announced in December 2010 despite the Privacy Commissioner's recommendation that there be a review of the security laws. Key said at the time that the legislation had to be changed quickly to keep us safe during the Rugby World Cup.

He also said at the time that we did not need to know what the changes to the legislation would be.

NZIC Report July 2014 - Report on the NZ Intelligence Community

Late last year the NZ State Services Commission reviewed the New Zealand Intelligence Community and their findings have finally been written up in a 'Top Secret' Report.

It reads like a high school report for a student who is struggling:

“There are signs,” says the report, that “the leadership of NZIC has ‘grasped the nettle’ and is starting to prioritise the changes needed and to implement change.” But, the report says, urgency is needed as “...there is a huge amount of change to be undertaken. The changes will be progressive but already associated parties are indicating signs of obvious improvement, and this is welcomed.”

The public version of the report quite clearly states that the NZIC do not have clear priorities, do not work together well and have a naïve faith in wanting to copy the structure of the NSA and that they rely too much on the Five Eyes network. It seems they are basically working as an external department for the NSA.

The review covers all aspects of the intelligence community, that is – the GCSB, the SIS and both the NAB and ICG of the DPMC. (Or to try and put it more simply, the report looks at the Government Communications Security Bureau, the Security Intelligence Service and two agencies that operate out of the Department of the Prime Minister and Cabinet: the National Assessments Bureau and the Intelligence Coordination Group.)

The full report has been presented to the Head of the State Services Commission – it is not meant for public viewing, but the 19 page review gives a sampling of what the report contains.

Foremost in the Report are 10 key objectives for the agencies to achieve over a 'Four Year Plan'. These objectives include the need to:

1. clarfiy their role
2. ensure they work together effectively
3. only gather intelligence that is needed; as stated so succinctly in the report “All information, including intelligence, is useful only if it is used.”
4. upgrade their financial and managerial control systems (the current systems have not been maintained to the levels expected of modern government agencies.)
5. ensure they comply with the law
6. operate within budget
7. work on their public image

The report admits that the four year plan will be difficult for the Intelligence Community and will require “strong governance, ruthless prioritisation and experienced change managers”.

John Key has already taken steps towards achieving the objectives. Just days after the report became public he finally announced the appointment of the first-ever deputy Inspector-General of Intelligence and Security. Paul Neazor would be happy if he were still in that role.

The 19 page review can be read here: http://www.ssc.govt.nz/sites/all/files/PIF-Review-NZIC-Jul14.pdf

And an analysis can be found here: http://www.indymedia.org.nz/articles/2921

Information about Paul Neazor and his wishes can be read (and listened to) here. 

John Key's new Top Secret Special job

Did you attend Aorangi School or Burnside High School? Do you remember John Key from Kindergarten or did your mother know his mother?

If so, this may be the chance of your life to strike it big. John Key is looking for that special person to fill a new role in his life: the Deputy Chief Executive for Security and Intelligence.

This is the first major opportunity to have “direct access” to JK since the appointment of Ian Fletcher as director of the GCSB. The job description states that “the position will be responsible for the oversight of the performance of the New Zealand Intelligence Community (NZIC), comprising the GCSB, NZSIS, and NAB” and “to ensure the Prime Minister and Ministers receive integrated, high quality advice on security issues.”

There are two requirements. The applicant must have:

• “Broad and deep experience in NZ Government.” Anyone who has had regular contact with government departments, such as WINZ, ACC, the Department of Justice or EQC is likely to meet this criterion. 
• “Top Secret Special security clearance.” If this sounds fancy, it is. This security clearance is so special and secret, there aren’t even any documents matching it because there is no security classification above Top Secret. Also, the public is not allowed to know which jobs require this clearance. If this makes sense to you, you might be the person for the job.

Warning – you will have staff responsibilities for members of organisations that have a track record of breaking the law. However, the good news is that if any illegalities become public knowledge, the law will then be retrospectively changed.

If you are interested in the position, you can apply officially through the State Services Commission or preferably directly to John Key himself. Don’t forget to remind him of your common past.

The closing date is 5pm Monday 14 October 2013.

SIS Bill Passed

A sad day, on 5 July the SIS Bill became law. It was passed on a vote of 107-10 votes. Unchanged despite calls from groups such as the NZ Human Rights Commission to amend it.

Submissions Against the Bill due Friday 18 Feb

OASIS information stall about the SIS
Thursday, 17 Feb at 12:00 on Lambton Quay

As submissions against the SIS Amendment Bill close Friday, 18 February, OASIS will be helping out the day before by having a SIS information desk on Lambton Quay. We will set up a table, wearing our best black suits, and sign people up to request their SIS files, to make submissions, and in general discuss surveillance and state security in this society.

If you are free to give asistance, please meet outside the Westpac Bank, upper Lambton Quay, on Thursday lunchtime (12pm). 

Wellington Public Meeting