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

 


Agreements for policing, search warrants, and NZSIS

[Full report: FullreporttextNZSIS.pdf]

Question of privilege concerning the agreements for policing, execution of search warrants, and collection and retention of information by the NZSIS

Report of the Privileges Committee
Fiftieth Parliament

(Hon Christopher Finlayson QC,
Chairperson)

July 2014

Presented to the House of Representatives

Summary of recommendations

We recommend to the House that it take note of the committee’s suggested amendments to the agreements for policing, execution of search warrants, and collection and retention of information by the NZSIS (page 7).

We recommend that the House note our suggestion that agreements of this kind be made available publicly, for example through the parliamentary website (page 7).

We recommend that the agreement on policing functions within the parliamentary precincts be reviewed by the parties to it to update terminology and legislative references, and to provide for a dispute resolution process between the Speaker of the House and the Commissioner of Police for disagreements about the interpretation or application of the agreement (page 9).

We recommend that the agreement on the execution of search warrants provide for a system of “chaperoning” the examination of electronic evidence, and the attendance of an information technology specialist to assist with the execution of search warrants in relation to documents stored electronically (page 11).

We recommend that the agreement on the execution of search warrants contain a single procedure to be followed when material is subject to a claim of parliamentary privilege, based on “Procedure A” in the draft agreement (page 11).

We recommend that the agreement on the execution of search warrants assert that the Speaker determines when a document or information is subject to parliamentary privilege (page 12).

We recommend that clause 6.1(e) of the agreement on the execution of search warrants provide for a default period of 24 hours for the member, the Speaker, and the Clerk of the House to seek legal advice in relation to the execution of the search warrant, but that it allow this period to be lessened or extended by agreement (page 12).

We recommend that the agreement on the execution of search warrants refer to the definition of “proceedings in Parliament”, as set out in the Parliamentary Privilege Bill, and set out practical examples of material likely to be privileged (page 13).

We recommend that the agreement on the execution of search warrants provide for a dispute resolution process for disagreements about the interpretation or application of the agreement (page 13).

We recommend that the agreement with the New Zealand Security Intelligence Service be amended to include a statement of principles and purpose (page 15).

We recommend that the agreement with the New Zealand Security Intelligence Service be amended to require that the Speaker be consulted in relation to any interception or seizure warrant to be executed on the parliamentary precincts or in a member’s constituency office; and in advance of such a warrant being issued, the Director of the New Zealand Security Intelligence Service should provide a written memorandum to the Speaker of the House setting out the actions done or information held by a member which in their opinion constitute an issue of security concern (page 17).

We recommend that the agreement with the New Zealand Security Intelligence Service specify that the Inspector-General has a role in overseeing the actions of the NZSIS in relation to the agreement (page 18).

We recommend that consideration be given to whether it is necessary for the Speaker of the House to enter into a separate agreement with the Government Communications Security Bureau, in the light of the organisation’s potential role in assisting others in exercising their lawful authorities (page 20).

[Full report: FullreporttextNZSIS.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gaza.Scoop: Another Israeli Attack On A Hospital

Israeli tanks attacked Al Aqsa hospital in Deir Al Balah, killing five patients and doctors, and injuring more than 70.

The third and fourth floors, housing the emergency department, orthopaedic department, surgical department, and the Intensive Care Unit (ICU) were destroyed. Operating theatres had to cease work because of the lack of oxygen.

Patients are being evacuated to Shifa Hospital in Gaza City, and the European Gaza Hospital between Rafah and Khan Younes. More>>

 

Parliament Today:

Red Tape: Local Regulations Go Under Microscope

The Government says it is accepting nearly all of the recommendations the Productivity Commission has made on ways to improve local regulations. More>>

ALSO:

Gordon Campbell: On The Non-Apology To Tania Billingsley

The refusal by Prime Minister John Key to issue a personal apology to Tania Billingsley has been accompanied by an array of excuses... Yesterday though, Key’s choice of words indicated that an apology was the last thing on his mind. More>>

ALSO:

Conventions: Winston Peters On The Nation

Winston Peters opens door to standing in East Coast Bays electorate, says it's an "exciting point" and he's thinking about it. "I’ve had a whole lot of people writing to me and calling up and saying ‘why don’t you have a go in East Coast Bays’." More>>

ALSO:

Waitangi Tribunal: Report On The MV Rena

In its interim report, the Waitangi Tribunal has found that the Crown’s conduct in response to the grounding of the MV Rena on Otaiti (Astrolabe) reef breached the principles of the Treaty of Waitangi. More>>

ALSO:

Gaza: Wellington Protest For Palestine Calls For End To Bombing

Around 300 people gathered outside the Israeli Embassy in Wellington on Friday to protest Israel’s occupation of Palestine. More>>

ALSO:

Gordon Campbell: On The Failure To Prosecute The GCSB

So one hand of the state – the Independent Police Conduct Authority – has now washed the hands of its brother agencies, and declared that all hands are clean. Case closed. More>>

ALSO:

Illegal Search: Police Behaviour 'Reminiscent Of Tūhoe Raids'

"Māori will lose further trust and confidence in the New Zealand Police and the Independent Police Conduct Authority (IPCA) if the recent incident in Stratford is not adequately addressed. This behaviour would not occur in Epsom or Khandallah so why should police think that such behaviour was acceptable in Stratford," says Chris McKenzie. More>>

ALSO:

Gordon Campbell:
On The Dotcom Emails

The Dotcom residency decision fails any number of sniff tests... Why, then, was it approved? Here we get into the realm of the “INZ being under political pressure” to approve Dotcom’s application. More>>

ALSO:

Gordon Campbell: On The Shonky Police Statistics, And The Israeli Air Strikes On Gaza

When people systematically alter how being statistics are recorded in order to gain personal and organisational advantage, that’s usually when the Police get called in. Yet in the case of the burglary statistics in Counties-Manakau, it was the Police doing the fudging and – at the time – it was then-Police Minister Judith Collins claiming the credit... More>>

ALSO:

'Clean Rivers': Green Party Launches Key Election Priority

The Green Party will make a series of announcements over the course of the election campaign in which it will outline the specifics of how it will clean up our rivers and protect our beaches. In the first of these announcements the party launched its plan for clean rivers. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news