Peter Hughes Inquiry on Public Service Spying

‘This is not the way we do things in NZ’ State Services Commissioner Peter Hughes said as he described connections between government agencies and private agencies at the public release of the ‘Inquiry into the Use of External Security Consultants by Government Agencies’. Hughes sounded truly aggrieved. But the problem is that this is the NZ that many people know.

NZ has a long history of both state and private surveillance. For years a wide variety of groups and people have been spied upon, if not by state agencies themselves then by private investigators contracted by the public service. People surveilled include political and environmental activists, Māori and migrant communities, sexual abuse survivors and earthquake survivors - the list is long.

And one of the most infamous private investigation companies is Thompson and Clark (TCIL). TCIL’s main business appears to be working for a range of both state and private agencies. TCIL, started in 2003 by two former police officers: Gavin Clark and Nicholas Thompson, has been consistently employed by a range of both government and private agencies. (Thompson resigned from his directorship on 6 July 2018.)

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).

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.

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.

Search and Surveillance Bill to be Law by April

Judith Collins, Minister of Justice, has announced that she intends that the Search and Surveillance Bill is law by mid-April this year.

Mid-April is when the 'temporary Video Surveillance law' expires. That is the law rushed through parliament to retrospectively legalise illegal police action. An action described by many lawyers as 'abhorrent' and even 'repulsive' and not needed. It is (or was) already law then, that any evidence gathered (whether legally or illegally) can be presented in court under the Evidence Act, at the discretion of the court, depending on the seriousness of the evidence.

New Zealand is one of the only lands where law can be changed retrospectively on the whims of government.

Once the Search and Surveillance Bill becomes law, we will be even more on the road to becoming one of the most heavily surveilled countries in the world.

There will also be fundamental changes to 'law and order' - the right to silence will be gone, as will the right to not incriminate oneself. And the law has a catch-22 phrase to legalise all future surveillance developments before they have developed.

This Act, hand-in-hand with other law changes going on, mean so-called 'rights' such as the right to a jury trial, the right to be present for your own court case, are being written out of law.

The Search and Surveillance Bill needs to be stopped now.

Video Bill Passed

The Video Surveillance Bill is law. It was passed on October 6th, 2011.

The Bill makes it explicitly lawful for government agencies to use covert video surveillance under a warrant for private property. In plain language, it legalises police breaking the law and planting secret surveillance cameras inside peoples' homes.

The bill has retrospective effect, ensuring that all video footage can be used as evidence and that previous convictions that relied on video evidence are not open to appeal.

Another law, the Private Investigators and Security Guards Act, was updated in April. It allows private security to install video cameras to assist their work, however they are still unable to legally record in a private residence but that allows, for now, video surveillance and records made in all other areas.

This is in contrast to Germany which bans companies from spying on employees, and they are even banned from checking out employees on Facebook and other social networking sites.