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/ 48

Выберите целевой абзац3