Friday, July 29, 2016

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at the ‘operation of the provisions’ of the Act since it began, to see ‘whether those provisions should be retained or repealed’, and ‘if they should be retained, whether any amendments to the Act are necessary or desirable.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.

Amy Adams (Minister of Justice and member of the Intelligence and Security Committee) states in her press release that technology has changed and therefore the powers of the Search and Surveillance Act need to also change.

A spokesperson for Amy Adams further said, “We can't anticipate the outcomes of the Search and Surveillance review so don't know what new search powers they might look at, or privacy considerations.”

What Amy did not cover in her press release though was the fact that the terms of reference also state that the review must look at the use of the Act (or any related legislation) in relation to the GCSB and /or NZSIS.

The Search and Surveillance Act has been around since it was passed in March 2012 by a narrow majority. But the Bill took a long time to weave its way through parliament - it was introduced first by Labour in 2007 before finally being passed by National. Throughout that time there were wide-spread protests against its passing; the Act drastically extended the powers of not only police but many state agencies to spy and surveil. They gained more power to do unwarranted searches and surveillances. The Act also legalised past police practice that had been illegal, including the police illegal use of hidden cameras during Operation 8 (the operation that resulted in the October 15th 2007 police raids and the jailing of Tame Iti and Te Rangikaiwhiria Kemara for two and a half years).

The Act also removed the right to silence and the right not to self-incriminate through the introduction of Examination and Production Orders.

When the Bill was going through parliament (there were two rounds of submissions), many people protested and spoke against a ‘Residual Warrant’ clause in the Bill. Residual Warrants were to cover as yet uninvented, unknown things - for example, it could use a technique not yet invented to surveil data stored in a way not yet known. Residual Warrants were removed in its final reading and replaced by ‘Declaratory Orders’ (clauses 65-69). At the time Judith Collins, then Minister of Justice, described Declaratory Orders as “an innovative regime that recognises the pace at which technology is advancing … Declaratory orders allow agencies to obtain a judicial view as to the reasonableness of a new device, technique, or procedure before using it…” Maybe Amy and Judith need to talk.

An overview of the Act can be read here.


Public submissions will be called for and along with consulting various government and private sector agencies and organisations there will also be an expert advisory panel. The brand new Auckland University Law School’s ICT Law Centre is assumed to be one of these ‘experts’. The Law Commission and Ministry of Justice will present the final report on or by 28 June 2017.

Friday, July 22, 2016

"The 5th Eye" Documentary on Waihopai Domebusters & GCSB

New Zealand is very much a member of a western spy network that is quite capable of reading and recording every shred of electronic communication you've ever generated.
The 5th Eye is the story of the events that underpinned so much of the farcical goings on at the 2014 general election, threaded through with the only-in-New Zealand yarn of the three men who – armed with a pair of cheap bolt cutters and a statue of the Virgin Mary – managed to break into and the Waihopai spy base and deflate the dome that covered one of the satellite dishes. A pity John Oliver wasn't paying attention to New Zealand back then. He would have a had a ball with that story. Wright and King-Jones assemble their material – new and archival – into an intelligent, informative and entertaining film. This is serious stuff, deftly done. Recommended.              
Source: Stuff.co.nz


The long anticipated documentary, THE 5TH EYE, that follows the story of the Waihopai Three and the GCSB premieres this month in the New Zealand International Film Festival.

The film will screen as part of the festival in Wellington, Auckland, Christchurch, Dunedin and Timaru. Other regional screenings will be announced by the Film Festival in coming weeks.

Details about ticket sales are at www.The5thEye.com – Please be sure to get tickets early.

We also need your help: word of mouth and social media are currently our only promotional tools. So please join our facebook page, follow us on twitter, and please share our posts, tell your friends about the film and forward this email around to your contacts! Thanks and we look forward to seeing you at the upcoming screenings!
https://www.facebook.com/The5thEye/photos/a.839891559414987.1073741828.832972370106906/1071469812923826/?type=3&theater

Errol Wright & Abi King-Jones