Salient. Official Newspaper of Victoria University of Wellington Students Association. Vol 40 No. 26. October 3 1977

And if you don't believe us... — New Zealand Security Intelligence Service Amendment — A Bill, Intituled

And if you don't believe us...

New Zealand Security Intelligence Service Amendment

A Bill, Intituled

An Act to amend the New Zealand Security Intelligence Service Act 1969

Be it Enacted

by the General Assembly of New Zealand

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in Parliament assembled, and by the authority of the same, as follows:

2 New Zealand Security Intelligence Service Amendment

2. Interpretation—(I) Section 2 of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:
"Intercept', in relation to any communication not other-wise lawfully obtainable by the person making the

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interception, includes hear, listen to, record, monitor, or acquire the communication, or acquire the substance, meaning, or purport thereof; and "interception' has a corresponding meaning:
"'Interception warrant' means an interception warrant

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issued under

subsection (1) of section 4A

of this Act, as inserted by

section 4

of the New Zealand Security intelligence Service Amendment Act 1977:
"New Zealand Intelligence Council' means the Council of that name established in accordance with an

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approval given by the Prime Minister on the 3rd day of February 1975:
"'Terrorism' means advocating, threatening, or using violence to coerce, deter, or intimidate—
"(a) The lawful authority of the State in New

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Zealand; or
"(b) The community throughout New Zealand or in any area in New Zealand for the purpose of furthering any political aim:"
(2) Section 2 of the principal Act is hereby further

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amended—
a) By omitting from the definition of the term "Commissioner", the word "appointed", and substituting the words "holding office":
b) By inserting in the definition of the term "security",

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after the word "sabotage", the word "terrorism":
(c) By omitting, from the definition of the term "State Services", the words "Armed Services", and substituting the words "Armed Forces".
3. Functions of New Zealand Security Intelligence

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Service
—Section 4 of the principal Act is hereby amended by adding to subsection (1) the following paragraph:
"(d) To inform the New Zealand Intelligence Council of any new area of potential espionage, sabotage, terrorism, or subversion in respect of which the

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Director has considered it necessary to institute surveillance."
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4. Issue of interception warrant—The principal Act is hereby amended by inserting, after section 4, the following section:

"4A, (1) On an application made in writing by the Director,

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or by a person authorised in writing in that behalf by the Director, the Minister may Issue an interception warrant authorising the interception or seizure of any communication not otherwise lawfully obtainable by the person making the interception or seizure, if he is satisfied by evidence on oath

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given by the Director, or by the person so authorised, that—
"(a) The interception or seizure is necessary either—
"(i) For the detection of activities prejudicial to security; or
"(ii) For the purpose of gathering foreign

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intelligence information essential to security; and "(b) The value of the information sought to be obtained is such as to justify the particular interception or seizure; and
"(c) The information is not likely to be obtained by any

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other means.
"(2) Any such interception warrant shall:
"(a) Specify the type of communication to be intercepted or seized: and
"(b) State the identity of the persons, if known, whose

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communications are sought to be intercepted or seized, or (where the identity of the persons is not known) the place in respect of which communications may be intercepted or seized; and
"(c) Specify the person who may make the interception

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or seizure; and
"(d) Contain such terms and conditions as the Minister considers advisable in the public interest: and
"(e) Be valid for the period specified therein.

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"(3) Any such interception warrant may include—
"(a) A direction to any person or persons or class of persons employed in the State Services, otherwise than in the Police or the Armed Forces, to give such assistance as may be specified in the warrant in making the interception or seizure; and, where any such

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direction is given, the warrant shall also contain a direction that the services of the persons who are directed to assist shall be made available to the Security Intelligence Service by the Ministers of the

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Crown and the officers and employees of the State Services who are in any way in control of the persons who are directed to assist:

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New Zealand Security Intelligence Service Amendment
"(b) A request to any other person or persons or class of persons to give such assistance as may be specified in the warrant in making the interception or seizure; and, where any such request is made to any persons who are in the employment of another 5 person, the warrant shall also contain a request that the services of the persons who are requested to assist shall be made available to the Security Intelligence Service by the employers of those persons and all other persons who are in any way 10 in control of the persons who are requested to assist.
"(4) The Minister shall, as soon as practicable after the close of each year ending with the 31st day of March, review all warrants issued under

subsection (1)

of this section for the preceding 12 months, and prepare and lay before Parliament

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a report relating to the interception warrants issued for the purposes of

subparagraph (i) of paragraph (a) of subsection (1)

of this section and the interceptions and seizures made for those purposes in the immediately preceding year, which report shall not disclose information that is prejudicial to

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security, and shall have regard to—
a) The number of warrants issued for the purposes of that subparagraph; and
b) The average length of time for which the last-mentioned warrants were in force; and

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c) The methods of interception and seizure used under the last-mentioned warrants,—

and shall provide a general assessment of the importance of the warrants issued for the purposes of that subparagraph.

"(5) Every person who, by any interception warrant issued

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under subsection (1) of this section, is authorised to intercept or seize any communication, or is directed or requested to give any assistance in making the interception or seizure, is justified in making the interception or seizure, and in taking any reasonable action necessarily involved in making or assisting to

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make the interception or seizure, in accordance with the terms and conditions of the warrant; and
"(a) No civil or criminal proceedings shall lie against him by reason of his so doing; and
"(b) The issue of the warrant shall not be subject to judicial

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review under Part I of the Judicature Amendment Act 1972 or otherwise.
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"(6) Subsection (5) of this section is in addition to and not in derogation of any other enactment relating to the execution of warrants.

"(7) This section shall have effect notwithstanding anything

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to the contrary in any other Act."
5. Director of Security—(1) Section 5 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
"(2) The Director of Security shall be appointed by the

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Governor-General, and shall hold office under a contract of service for such term, and (subject to any subsequent Order in Council prescribing the salary for the office) on such terms and conditions as to salary, allowances, and otherwise, as the Minister thinks fit."

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(2) Section 5 of the principal Act is hereby further amended by repealing subsection (4).
6. Prohibition on unauthorised disclosure of information— (1) The principal Act is hereby amended by inserting, after section 12, the following section:

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"12A. (1)
An officer or employee of the Security Intelligence Service, or a former officer or employee of the Service, shall not disclose or use any information gained by or conveyed to him through his connection with the Service other-wise than in the strict course of his official duties or as

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authorised by the Minister.
"(2) A person who, by any interception warrant, is authorised to intercept or seize any communication, or is directed or requested to give any assistance in making any such interception or seizure, or to make the services of other persons

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available to the Security Intelligence Service, shall not disclose the existence of the warrant, or disclose or use any information gained by or conveyed to him when acting pursuant to the warrant, otherwise than as authorised by the warrant or by the Minister or the Director.

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"(3)
Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine not exceeding $2,000 who fails to comply with or acts in contravention of subsection (1) or subsection (2) of this section."

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(2) The Summary Proceedings Act 1957 is hereby amended by inserting in Part II of the First Schedule, in its appropriate alphabetical order, the following item:
  • "The New Zealand Security Intelligence Service Act 1969
  • 12A
  • Unauthorised disclosure of information."

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New Zealand Security Intelligence Service Amendment
7. Restriction on publication and broadcasting of information regarding staff— The principal Act is hereby amended by inserting, after section 13, the following section:
"13A. (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000, who

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(except with the written consent of the Minister) publishes or causes or allows to be published in a newspaper or other document, or broadcasts or causes or allows to be broadcast by radio or television or otherwise, the fact that any person is—

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"(a) A member or former member of the New Zealand Security Intelligence Service other than the Director; or
"(b) Is connected in any way with a member of the New Zealand Security Intelligence Service.

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"(2) Nothing in this section shall restrict the broadcasting or reporting of proceedings in Parliament.
"(3) The written consent of the Minister in relation to any proceedings in any Court may be filed in the Court, and when so filed shall be sufficient authority to all persons to act in 20 accordance therewith "
8. Commissioner of Security Appeals—The principal Act is hereby amended by repealing section 14, and substituting the following section:
"14. There shall be a Commissioner of Security Appeals, 25 who shall be the person for the time being holding the office of Chairman of the Security Review Authority constituted under section 38 of the State Services Act 1962."
9. Commissioner may refuse to inquire into complaint— Section 19 (1) of the principal Act is hereby amended by

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repealing paragraph (c), and substituting the following paragraph:
"(c) The complainant is not able to satisfy the Commissioner

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that he is ordinarily resident in New Zealand."

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10 Proceedings of Commissioner—(1) Section 20 of the principal Act is hereby amended by inserting, after subsection (2), the following subsections:

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"(2A)
In accordance with his function, under section 17 (2) of this Act, to have regard to the requirements of security, the

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Commissioner shall—
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"(a) Consult with the Director and with any person other than the complainant to assist in the determination of the circumstances and information that should not in the interests of security be disclosed in the

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course of or in relation to the inquiry;
"(b) Take all precautions that are necessary to prevent the disclosure, in the course of or in relation to the inquiry, of any circumstances and information that in his opinion should not in the interests of security

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be so disclosed; and
"(c) Take all precautions that are necessary to protect the secrecy of any source from which he learned of the circumstances and information referred to in paragraph (b) of this subsection and of any other

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classified material or information.
"(2B) The Commissioner shall, subject to the provisions of this section and the other provisions of this Act, examine all files and obtain all information that are in the custody or control of the Service and are in his opinion relevant to the

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inquiry.
"(2C) The Commissioner shall, subject to the provisions of this section and all the other provisions of this Act, provide the complainant with a statement prepared by the Service summarising such of the circumstances and information relating

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to the complainant as will, in the opinion of the Commissioner, enable the complainant to be as fully informed as possible of the opinions (if any) held by the Service and its officers and employees regarding the information relevant to the complaint."

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(2) Section 20 of the principal Act is hereby further amended by repealing subsection (6), and substituting the following subsection:
"(6) Subject to the provisions' of subsection (7) of this section, the Commissioner shall have the same powers and

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authority to summon witnesses and receive evidence as are conferred upon Commissions of Inquiry by the Commissions of Inquiry Act 1908, and the provisions of that Act, except sections 11 and 12 (which relate to costs), shall apply accordingly."

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(3) Section 20 of the principal Act is hereby further amended by inserting in subsection (9), before the words "No proceeding", the words "Except on the ground of lack of jurisdiction".

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New Zealand Security Intelligence Service Amendment

11. Disclosure of certain matters not to be required—The principal Act is hereby amended by inserting, after section 20, the following section:

"20A. (1) Subject to the provisions of

subsection (2)

of this section, where the Minister certifies—

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"(a) That the giving of any information or the answering of any question or the production of any document or other material is likely to prejudice security; and
"(b) That in the interests of security—

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"(i) The information or answer should not be given, or the document or other material should not be produced; or
"(ii) The information or answer should not be given or the document or other material should

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not be produced, except to the Commissioner; or "(iii) Some other restrictions or conditions should be placed on the giving of the information or answer or the production of the document or other material—

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the Commissioner shall act in accordance with the certificate.

"(2) The Minister shall not exercise his power under

subsection (1)

of this section until the consultations referred to in paragraph (a) of subsection (2A) of section 20 of this Act and relating to the particular information, question, document, or

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other material have been completed."

12. Action by Commissioner—The principal Act is hereby amended by repealing section 21, and substituting the following section:

"21. (1) After completing his inquiries, tad having regard

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to his function (under section 17 (2) of this Act) to have regard to the requirements of security, the Commissioner shall—
"(a) Forward to the complainant his findings regarding the complaint; and

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"(b) Report to the Minister, making such recommendations, if any, as he thinks appropriate, and (together with his report) forward to the Minister all documents and material relating to the complaint, including his findings; and the report,

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documents, materials, and findings shall be placed on the appropriate file of the Service.
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"(2) If at any stage during the course of his inquiries the Commissioner is of the opinion that there is evidence of any breach of duty or misconduct on the part of any officer or employee of the Service, he shall inform the Minister and

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the Director immediately."

13. Restriction on publication and broadcasting of account of proceedings before Commissioner—Section 23 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

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"(1) Except with the written consent of the Minister, no report or account of any evidence or proceedings before the Commissioner or of any decision of the Commissioner or the Minister shall be published in any newspaper or other document or broadcast by radio or television or otherwise:

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"Provided that nothing in this subsection shall restrict the broadcasting or reporting of proceedings in Parliament."
14. Appointment of officers and employees of Security Intelligence Service to Public Service—Section 31 of the State Services Act 1962 is hereby amended by inserting, after

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the words "Legislative Department", the words "or the New Zealand Security Intelligence Service".

* 1969, No. 24