50.
Consideration could also be given to consolidation of the disparate collection of
statutes that currently make up New Zealand’s intelligence and security framework.
51.
Anderson has notably recommended the consolidation of the UK’s similarly
disparate legislative framework into a single body of law with a single system of
oversight that applies across the investigatory and intelligence agencies.39
52.
This approach has been largely endorsed by the other contemporaneous UK reviews.
The ISR Panel, for example, has endorsed Anderson’s conclusions and recommended
the development of a comprehensive new law that consolidates existing statutes.
The Intelligence and Security Committee of the UK Parliament also proposed, at an
earlier stage, a similar unified approach.
53.
The Commission also endorses the consideration of a similar unified approach for
New Zealand’s legislative framework. An exhaustive, transparent, rights-compliant
unified statutory regime of the kind envisaged by Anderson40 would constitute a
significant improvement on the structure and accessibility of the current regime and
would adhere more closely to international human rights practice standards. 41
PART A - RECOMMENDATIONS: The legislative framework
a.
The Commission recommends that the Reviewers undertake a comprehensive
review of New Zealand’s intelligence and security legislation for consistency with
international human rights law and norms.
b.
The Commission recommends that the Reviewers consider ways in which the clarity,
accessibility and structure of New Zealand’s intelligence and security legislation can
be improved.
c.
The Commission recommends that the Reviewers consider the implications that
inclusion of the right to privacy in the New Zealand Bill of Rights Act would have for
intelligence and security law, policy and operations.
d.
The Commission recommends that the Reviewers investigate the implications of
consolidating the NZ legislative framework into a unified structure.
e.
The Commission recommends that the Reviewers investigate the implications of
developing a statutory Code of Practice for ensuring human rights compliance by
intelligence and security agencies.
39
A Question of Trust, para 13.44
A Question of Trust, para 12.45
41
A/HRC/14/46, p 6, Practice 2
40
Page 89 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR