license to operate”, whereby the mandate of the intelligence and security services is derived from the consent of the people through the democratic process. 13. The ISR Panel based the notion of a “democratic license to operate” upon three distinct “deals”.11 The first deal exists between citizen and state and must be reflected in a clear, transparent legal framework and a coherent, visible and effective oversight regime. The second deal regards an improved “shared understanding” between the Government and private sector as to the role internet and telecommunications companies have to play in sustaining the essential principles that govern an open society. The third deal concerns the importance of international harmonisation. This concept is particularly important when considering New Zealand’s role in the Five Eyes Alliance and its obligations under international human rights treaties. 14. This approach provided the foundation for the ISR Panel’s development of the following ten ‘tests’ with which to measure the potential intrusive impact of new legislation or regulations governing intelligence and security powers. These tests are:           15. Rule of law Proportionality Necessity Restraint Effective oversight Recognition of necessary secrecy Minimal secrecy Transparency Legislative clarity Multilateral collaboration The Commission also wishes to emphasise the value of the recent work of UN entities in defining the role of intelligence and security services within the terms of the international human rights framework. In particular, the reports of UN Special Rapporteur Martin Sheinin to UN Human Rights Council that set out best practice guidelines12 are particularly useful points of reference against which intelligence and security policy and legislation can be assessed. 11 A Democratic License to Operate, para 5.30-5.34 Human Rights Council, Reports of Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – Ten areas of best practice in countering terrorism A/HRC/16/51, 22 December 2010; Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight, A/HRC/14/46, 17 May 2010 12 Page 80 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR