positions “in a state of some confusion.”6 8. At heart of this debate lies a perception that a trade-off is required between privacy rights and rights related to personal security7 in order to enable the operations of the intelligence and security services. The Commission submits that such a characterisation is too narrow. Instead, a balanced position can be found within the human rights concepts and principles that underpin the modern democratic state.8 9. This balance has been explored in detail in the recent reports issued by David Anderson QC and the Independent Surveillance Review Panel (the ISR Panel).9 The approaches taken in those reports are instructive and of invaluable application to the New Zealand context. 10. Anderson’s approach in balancing the complex and competing sets of interests is to place the notion of trust at the heart of the matter, noting that “if one thing is for certain it is that the road to a better system must be paved with trust.” The Commission considers that, in order to earn the trust of the public, the “trustworthiness” of laws, institutions and practices is a matter of paramount importance in this respect. 11. In order to achieve a more balanced, accessible system that more effectively reflects and responds to the public interest, Anderson recommends that the design and operation of intelligence and security legislation, policy and practices reflect the following five inter-related principles10:      12. Minimise no-go areas Limited powers Rights compliance Clarity and transparency A unified approach The ISR Panel frames the relationship between the public and the Government security and intelligence services within concept of the eponymous “democratic 6 A Question of Trust, p 245, 13.1. 13.2 Such as the right to life and the right to personal security (Article 3 of the Universal Declaration on Human Rights and Articles 6 and 9.1 of the ICCPR) 8 For the historical context informing the Commission’s position, refer to speech by David Rutherford, Chief Commissioner, Protecting the balance: trust, confidence, privacy and intelligence, NZIP Annual Conference, 15 July 2015, https://www.hrc.co.nz/news/protecting-balance-trust-confidence-privacy-and-intelligence/ 9 The ISR Panel consisted of senior stakeholder representatives from across Government, industry, civil society and Parliament – see A Democratic License to Operate, para 0.3 10 A Question of Trust pp 246-255 7 Page 79 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR