concern that the 2013 amendments did not establish an oversight regime sufficient
to assure the public that appropriate scrutiny and supervision will occur.52
61.
In the UK, the Anderson report has recommended the consolidation of three
independent oversight entities into one centralized Commission, entitled the
Independent Surveillance and Intelligence Commission (ISIC). The ISIC model
proposed by Anderson merges a number of judicial and bureaucratic functions
together under the same roof, including:
Warrant oversight and authorisation (to be undertaken by Judicial
Commissioners)
Capacity to carry out own-motion inquiries
Review and monitoring
Audit and inspection of intelligence and security services
62.
Anderson proposes that the strong, centralized ISIC model brings a number of
advantages due to its greater size and unified nature. This includes having much
broader monitoring and investigation capabilities and a greater public profile. 53
63.
The IRS Panel has similarly recommended that a consolidated approach is taken
through the creation of a National Intelligence and Surveillance Office (NISO).
However, unlike Anderson’s proposal, the Judicial Commissioners who authorise and
oversee that warrant process remain independent from the NISO54.
64.
The ISR Panel notes that a clear oversight regime is an essential aspect of
maintaining public trust and confidence in intelligence and security services.
Complex, obscure legal frameworks and institutions do not tend to serve the public
well as they are difficult for the public to identify and access.55
65.
The Commission considers that the strong, centralised institutional models
envisaged in the ISIC and NISO models ought to be considered for adaptation in New
Zealand. The Commission considers that the current “sole office-holder” approach
taken in New Zealand risks having insufficient capacity to undertake a suitably broad
range of oversight functions56.
52
Human Rights Commission, Report to Prime Minister, para 42, p 11
A Question of Trust, para 14.97
54
A Democratic License to Operate, Recommendations 17-19, p xviii
55
ibid para 4.42-4.43
56
see also Human Rights Commission, Report to Prime Minister, p 7, para 29
53
Page 92 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR