Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

Draft intelligence community legislation released

Rt Hon John Key
Prime Minister

6 May 2013 Media Statement

Draft intelligence community legislation released
Prime Minister John Key today released a final draft of legislation to clarify the functions of the Government Communications Security Bureau (GCSB), and to strengthen the oversight regime governing New Zealand’s intelligence community.

The final draft of the omnibus Bill – the Government Communications Security Bureau and Related Legislation Amendment Bill – encompasses amendments to the Government Communications Security Bureau Act 2003, the Inspector-General of Intelligence and Security Act 1996 and the Intelligence and Security Committee Act 1996.

The draft Bill follows a compliance review, which focused on the GCSB, as well as a wider review of other related intelligence legislation.

“The compliance review of the GCSB, conducted by Rebecca Kitteridge, showed there were difficulties in the legal interpretation of the GCSB Act,” says Mr Key.

“Ms Kitteridge’s review found the GCSB Act 2003 is not, and probably never was, fit for purpose.

“It is essential that an agency which is exercising intrusive powers has a clear legal framework to operate within.

“It’s also essential the oversight regime governing such an agency is strong enough to mean the public can have confidence the agency is acting within the law.

“The responsible thing to do is to clarify legislation so it is clear what the GCSB can and cannot do; then it can get on with the important job of protecting the security of New Zealanders,” says Mr Key.

“The draft Bill I am releasing today will, if enacted, help the GCSB to get on with the job of helping New Zealand public and private sector entities deal with the growing threat of cyber-attack.

“The GCSB will require an authorisation from the Responsible Minister and the Commissioner of Security Warrants when its cyber security and information assurance functions are being performed in relation to the communications of New Zealanders.

“The operating environment for New Zealand’s intelligence agencies has changed enormously over the past decade. In large part, this is due to the rapid evolution of technology in areas like cyber security and the threat of cyber-attacks.

“It’s vital that legislation in this area is fit for purpose and keeps pace with changes in the operating environment, while also safeguarding the rights of law-abiding New Zealanders,” says Mr Key.

The draft Bill also makes it clear the GCSB can provide support to certain named agencies – the New Zealand Police, the New Zealand Defence Force and the New Zealand Security Intelligence Service (NZSIS).

The GCSB will only be able to provide that support when those agencies are acting within their own lawful duties.

“This means the GCSB will be able to provide support under the right conditions and oversight, including in relation to New Zealanders,” says Mr Key.

In addition to the GCSB Act amendments, Mr Key says the draft Bill also significantly strengthens the oversight regime for New Zealand’s intelligence agencies to ensure it is strong enough to inspire public confidence.

“The Bill modernises legislation governing the Inspector-General of Intelligence and Security to make the office more proactive, and at the same time the Government intends to increase the resourcing of the Inspector- General’s office.

“Changes to the Intelligence and Security Committee Act would also give that committee greater oversight and accountability of the intelligence community,” Mr Key says.

Under the draft legislation, the GCSB Act will retain its three main functions of information assurance and cyber security; foreign intelligence; and cooperation and assistance to other agencies.

However, these functions will be clarified and updated so that:

• Information assurance and cyber security will include cooperation, advice and help to both public and private sector organisations;
• Foreign intelligence will remain broadly as is; and
• Cooperation and assistance to other agencies means the GCSB will be able to assist the NZ Defence Force, Police and NZSIS, but only when those entities are performing their lawful duties.
“These changes will ensure the GCSB is on a sound footing to keep doing the job the Government expects it to do in the interests of New Zealanders,” says Mr Key.

It is the Government’s intention to introduce and debate the final Bill later this week, subject to the House schedule. After passing its First Reading the Bill will go to the Intelligence and Security Committee for submissions.

ENDS

Note to Editors: Final draft Bill attached.
wstGovernment_Communications_Security_Bureau_and_Rela_3.pdf

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Another Leader Exiting: Statement From Peter Dunne

I have concluded, based on recent polling, and other soundings I have been taking over the last few weeks, that, the volatility and uncertainty notwithstanding, there is now a mood amongst Ōhāriu voters for a change of MP, which is unlikely to alter...

“I have therefore decided that it is time for me to stand aside, so the people of Ōhāriu can elect a new electorate MP. More>>

 

Gordon Campbell: On Labour’s Campaign Launch

One of the key motifs of Ardern’s speech was her repeated use of the phrase – “Now, what?” Cleverly, that looks like being Labour’s response to National’s ‘steady as it goes’ warning against not putting the economic ‘gains’ at risk. More>>

ALSO:

Transport Policies: Nats' New $10.5bn Roads Of National Significance

National is committing to the next generation of Roads of National Significance, National Party Transport Spokesperson Simon Bridges says. More>>

ALSO:

Gordon Campbell: On Why Labour Isn’t Responsible For Barnaby Joyce

As a desperate Turnbull government tries to treat the Barnaby Joyce affair as a Pauline Hanson fever dream – blame it on the foreigners! We’re the victims of the dastardly New Zealand Labour Party! – our own government has chosen to further that narrative, and make itself an accomplice. More>>

ALSO:

Rail: Greens Back Tauranga – Hamilton – Auckland Service

The Green Party today announced that it will trial a passenger rail service between Auckland, Hamilton and Tauranga starting in 2019, when it is in government. More>>

ALSO:

Housing: Voluntary Rental Warrant Of Fitness For Wellington

Wellington City Council is partnering with the University of Otago, Wellington, to launch a voluntary Rental Warrant of Fitness for minimum housing standards in Wellington, Mayor Justin Lester has announced. More>>

ALSO:

Treaty: Agreement In Principle Signed With Moriori

“The Crown acknowledges Moriori was left virtually landless from 1870, hindering its cultural, social and economic development. The Crown also acknowledges its contribution to the myths that the people of Moriori were racially inferior and became extinct." More>>

ALSO:

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election