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 It repealed a much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Act be repealed.249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