services, their governance and oversight mechanisms and to consider the
balance between human rights and national security; and
Stronger accountability and oversight mechanisms, including Parliamentary
oversight from a cross-party select committee, in addition to the InspectorGeneral of Intelligence and Security.32
68
In June 2014 the Commission provided a written update to the Committee on
surveillance and human rights in New Zealand.
69
The Intelligence and Security Committee Act 1996 provides that a Review of the
intelligence and security agencies, the legislation governing them, and their oversight
legislation must, in accordance with the terms of reference specified pursuant to the
Act be commenced before 30 June 2015 and afterwards, held at intervals not shorter
than 5 years and not longer than 7 years. 33
70
The Government appointed Sir Michael Cullen and Dame Patsy Reddy as the
reviewers and in May 2015 the Review commenced. The Review’s terms of reference
include consideration of how well the legislative framework protects both national
security and the rights of New Zealanders; and whether current oversight
mechanisms are sufficient to guard against unlawful practices and maintain public
confidence. 34
71
In its submission to the Review, the Human Rights Commission proposed a number
of recommendations aimed at advancing a human rights consistent approach. In
doing so, the Commission was informed by recent UK reports35 which emphasise,
among other things, the importance that clarity, transparency, limitations upon
powers and human rights compliance have in establishing and maintaining public
trust and confidence in the role and functions of intelligence and security services.
32
A copy of the Commission’s report is available here: http://www.hrc.co.nz/wp-content/uploads/2013/07/09072013Human-Rights-Commission-Report-to-the-Prime-Minister-re-GCSB-and-TICS-Bills-FINAL.pdf
33
ss 21 -27 (as amended by the Intelligence and Security Amendment Act 2013)
http://www.legislation.govt.nz/act/public/1996/0046/latest/DLM392242.html?search=ts_act%40bill%40regulation%40dee
medreg_intelligence_resel_25_a&p=1
34
The full terms of reference for the review are available here: http://www.justice.govt.nz/publications/globalpublications/i/intelligence-and-security-agencies-review
35
David Anderson QC, A Question of Trust, Report of the Investigatory Powers Review, June 2015, Independent Surveillance
Review, A Democratic License to Operate, Report of the Independent Surveillance Review, Royal United Services Institute
for Defence and Security Studies, July 2015
Page 23 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR