Submissions on the Counter-Terrorism Legislation Bill

Friday 25 June is the last day to make submissions on the Counter-Terrorism Legislation Bill.

 The Bill is the government’s response to Recommendation 18 of the Royal Commission Terrorist Attack on Christchurch Mosques to “…Review all legislation related to the counter-terrorism effort…to ensure it is current and enables Public sector agencies to operate effectively, prioritising consideration of the creation of precursor terrorism offences in the Terrorism Suppression Act…”

To do this, the Bill amends three current Acts: the Terrorism Suppression Act 2002 (TSA), the Search and Surveillance Act 2012, and the Terrorism Suppression (Control Orders) Act 2019, and it:

A.    widens the definition of terrorism

B.    introduces three new offences -

•       planning or preparing to carry out a terrorist act,

•       providing or receiving combat and weapons training for terrorist purposes,

•       international travel to or from or via NZ with intention for terrorist acts.

C.     widens the offence of financing terrorism to include providing material support

D.    extends Control Orders.

 All three Acts the Bill is amending are controversial. The TSA 2002 was criticised by many as a rushed through knee-jerk reaction to 9/11, eroding fundamental rights and freedoms. The Search and Surveillance Act removed the right to silence and the privilege against self-incrimination whilst also dramatically expanding search and surveillance powers. The Control Orders Act allowed secret courts and punishment and state intrusion into people’s lives. The Privacy Commissioner said Control Orders were “an affront to the principles of due process and the principles on which our criminal justice system are based.”

The Terrorism Suppression (Control Orders) Bill

The Terrorism Suppression (Control Orders) Bill will turn on its head the idea of ‘innocent until proven guilty’. The ramming of the Bill through parliament is yet another dog whistle to the mantra of terrorism. This time the terror is the fear of people coming from overseas who may have been involved in terrorist-related activities overseas. If terrorism related activity is suspected but there is not enough evidence to charge someone, the person could instead be subject to ‘Control Orders’.

Decisions about Control Orders could be reached and made in secret and without criminal level of guilt.

Control Orders will be extremely intrusive. People could have their day-to-day life curtailed or even be detained without any charge. Orders can ‘include limits on movement, communications with others, disclosing or receiving information, use of technology, buying or selling property, and engaging in specific activities in respect of their work, and recreation. They can further include requirements to report to the police regularly, submit to electronic monitoring, and to allow police to monitor/search their house, workplace, equipment, internet usage etc.(1)’ Control Orders could also last up to six years. It is worth noting that Control Orders could be a lot more invasive than any bail or parole conditions that the ‘justice system’ currently have at their disposal.

The Orders will be punishment without even the pretense of a trial.