Concern has also been expressed about the use of classified information which is not disclosed to an accused. International Terrorism (Emergency Powers) Act 1987 The International Terrorism (Emergency Powers) Act was passed in 1987. It repealed a much more wide ranging (and widely criticised) Act dealing with situations where “public safety or public order” was or was likely to be imperiled. The International Terrorism (Emergency Powers) Act relates only to international terrorist emergencies done “for the purpose of furthering, outside New Zealand, any political aim”. It enables extensive emergency powers (including the power to evacuate or restrict access to an area, powers or entry, requisitioning powers and the power to intercept private communications) to be authorised. This authorisation must, however, expire within seven days of being issued unless extended by a resolution of Parliament. This piece of legislation has been the subject of criticism since its enactment. Complaints have been that the term “international terrorist emergency” was defined too broadly, could be abused, and did not make express provision for legitimate protest activities. A second main complaint is that the censorship provisions were too far reaching and amounted to an unjustified encroachment on the right to freedom of expression. These criticisms led the New Zealand Law Commission to recommend in its 1991 “Final Report on Emergencies” that the Act be repealed.249 Immigration Amendment Act The Immigration Act was amended in 1999, in the words of the preamble, to “improve the effectiveness of the removal scheme for persons unlawfully in New Zealand”. Of relevance here is an amendment which set up a special security regime “to protect sensitive security information that is relevant to immigration matters”. The Act authorises the Director of the Security Intelligence Service to issue a security risk certificate to the Minister of Immigration if he or she has credible classified security information pertaining to a non-citizen about whom immigration decisions need to be made. The Minister may then request an oral with the law and that complaints relating to New Zealand intelligence and security agencies are independently investigated. 249 New Zealand Law Commission Final Report on Emergencies (NZLC Report 22, Wellington, 1991), 7.139. 116

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