should be passed with only minor amendments.230 Notably, the Bill’s passage through the
Committee was expedited following a terror attack at an Auckland mall.231
214.
The Commission notes that the Select Committee amended the Bill’s definition of terrorism –
from “induce fear” to “intimidate” a population. This definition aligns with terminology set out
in UN Security Council resolution UNSCR 1566 (2004). However, the terminology in the new
definition remains different from the model definition proposed by the UN Special Rapporteur
on the promotion and protection of human rights and fundamental freedoms while countering
terrorism, which provides that terrorism is an act that “induces terror” among other matters.232
215.
While no one has been convicted under the legislation to date, the Commission notes in our
submission that the last time counter-terrorism powers of the police were expanded under the
TSA, Police conducted illegal surveillance233 and unlawful and unreasonable raids against
community members in Tūhoe under “Operation Eight”, on grounds of investigating potential
breaches of the TSA.234
216.
The Commission remains concerned about the expansion of powers given to authorities under
counter-terrorism legislation without adequate legal safeguards or remedies.
217.
The Committee may wish to:
(a) Recommend that the Government amend the Counter-terrorism Legislation Act to
provide better human rights safeguards and align with international human rights
standards.
(b) Make inquiries with the Government as to:
i. the application of the Counter-terrorism Legislation Act; and
ii. steps taken to implement all recommendations of the RCOI and the efficacy of
those activities in countering violent extremism.
General information on other measures and development relating to the
implementation of the Convention in the State party
COVID-19 response (List of Issues Item 34)
218.
In the four years since the State Party’s report, the COVID-19 pandemic has presented
significant challenges for human rights in Aotearoa New Zealand. Pursuant to its statutory
functions, the Commission has supported and scrutinised the Government’s response to
230
Justice Committee ‘Counter-Terrorism Legislation Bill: Commentary’ available at
https://www.parliament.nz/resource/en-NZ/SCR_115859/0d4d3a1581e75ccf1c20eea0aa8b4fe293f5b3f.
231 Jane Patterson, Anti-terror law back before Parliament today. But faces opposition (21 September 2021) available at:
But faces opposition” (21 September 2021) available at https://www.rnz.co.nz/news/political/451933/anti-terror-lawback-before-parliament-today-but-faces-opposition .
232 Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while
countering terrorism, Martin Scheinin: Ten areas of best practice in countering terrorism, UN Doc A/HRC/16/51 (22
December 2010) at [28].
233 In Hamed v R [2011] NZSC 101; [2012] NZLR 305, the majority of the Supreme Court held that the police had improperly
obtained covert surveillance footage of the alleged training camps, in breach of s 21 of the Aotearoa New Zealand Bill
of Rights Act 1990.
234 Operation Eight: The Report of the Independent Police Conduct Authority (May 2013) available at
https://www.ipca.govt.nz/Site/publications-and-media/2013-Reports-on-Investigations/
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