As we all switched off over the holidays, the Government was pushing through legislation that would dramatically expand surveillance powers. We only just saw this tonight, thanks to the Free Speech Union, so the information comes from them. Head over to the Parliament website to make your submission. Unbelievably, we have until midnight 14 January - yes, tomorrow!! Telecommunications and Other Matters Amendment Bill Submission - New Zealand Parliament

This proposal is not just about enforcement or security. It strikes directly at two basic rights protected under the New Zealand Bill of Rights Act (NZBORA):

the right to freedom of expression, and

the right to be free from unreasonable search and surveillance.

Under the proposed changes, the Government would gain sweeping new powers to:

Expand surveillance over overseas online platforms

Create an administrative “kill switch” to shut down digital services

Force changes that weaken encryption

Bypass court oversight if enforcement is considered “impractical”

These powers threaten free speech at its core.

Freedom of expression (NZBORA section 14) is not just about speaking in public. It includes the freedom to:

communicate privately

share ideas without fear

organise politically

speak anonymously

If people believe the Government can monitor their private communications or force companies to make that possible, they will censor themselves. That is a direct breach of the spirit of section 14.

Many modern communication services rely on end-to-end encryption. This means messages are private by design. Not even the service providers can read them.

There is no safe way to comply with interception demands without breaking encryption itself. There is no technical workaround.

That leaves providers with only two choices:

weaken encryption for everyone, making all communications less secure, or

withdraw their services from New Zealand entirely

Either option silences people and limits how they communicate.

NZBORA section 21 protects people from unreasonable search and seizure. That protection is supposed to include strong safeguards, clear limits, and independent court oversight.

Allowing officials to bypass courts because enforcement is “impractical”, or to force access to private communications, undermines that protection entirely. Surveillance without proper judicial control is, by definition, unreasonable.

Encryption is not a luxury. It is essential for:

journalists protecting sources

whistleblowers exposing misconduct

people organising politically or speaking anonymously

vulnerable communities communicating safely

ordinary New Zealanders having private conversations

When privacy is weakened, speech is chilled. When speech is chilled, democracy suffers.

Any law that weakens encryption, allows surveillance without court approval, or gives the Government power to shut down services risks breaching both the letter and the purpose of the New Zealand Bill of Rights.

New Zealanders deserve laws that protect free expression and privacy — not ones that quietly dismantle them while the country is on holiday

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