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New Zealand lawyers warn of rights violations in government plan to extend spying powers
[July 02, 2013]

New Zealand lawyers warn of rights violations in government plan to extend spying powers


WELLINGTON, Jul 02, 2013 (Xinhua via COMTEX) -- New Zealand's top legal representative body on Tuesday hit out at government plans to extend the surveillance powers of one of its main intelligence agencies, claiming they were intrusive and lacked any clear justification.



The New Zealand Law Society said the Government Communications Security Bureau (GCSB) and Related Legislation Amendment Bill would give the GCSB an extraordinary extension of powers to spy on New Zealand citizens and residents.

The GCSB is forbidden to spy on New Zealand citizens and residents, but the government wants to overturn this ban after the agency was caught illegally spying on the communications of German Internet mogul Kim Dotcom, who lives in Auckland and is wanted by United States authorities on charges including Internet piracy and money-laundering.


Law Society spokesperson Rodney Harrison said in a statement on the society's submission to Parliament's Intelligence and Security Committee that the Bill would change the GCSB from an agency that gathered foreign intelligence to one that also obtained domestic intelligence.

"This is inconsistent with the rights to freedom of expression and freedom from unreasonable search and seizure under the New Zealand Bill of Rights Act 1990 and with privacy interests recognized by New Zealand law," he said.

The Law Society recognized the critical role intelligence- gathering played in ensuring New Zealand's security, but believed that extensive amendments to the state's surveillance powers should not be passed by Parliament lightly.

"Further public debate is needed, and safeguards should be incorporated into the law if the reforms are to proceed," Harrison said.

The society recommended a range of amendments to existing legislation, including systemic checks to ensure the GCSB's extended powers were exercised appropriately, and stronger oversight provisions.

The controversy over the GCSB's illegal spying last month claimed the job of New Zealand Revenue Minister Peter Dunne, a minor party supporter of the governing right-wing coalition, who resigned after he failed to fully comply with a ministerial inquiry into the leaking of a government report on the GCSB's activities.

The saga began when police raided the home of Kim Dotcom in January last year at the behest of United States law enforcement agencies, who are seeking his extradition.

Court hearings into the extradition found the GCSB had illegally helped police in monitoring Dotcom's communications.

A subsequent report by Cabinet Secretary Rebecca Kitteridge found the GCSB might have illegally spied on more than 80 people.

Dotcom is still fighting his extradition through the New Zealand courts and questions over the illegal spying controversy have reached up to Prime Minister John Key, who is also Minister Responsible for the GCSB.

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