[asia-apec 971] NZ/APEC-related "intelligence" agency story

[Gatt Watchdog]

>From The Dominion, Wellington, 10/12/1998

Shipley hints SIS may get access to private homes
By Cathie Bell, Political Reporter

Prime Minister Jenny Shipley indicated yesterday that the law
might be changed to allow Security Intelligence Service agents to
break into people's houses.

The Appeal Court had ruled that an SIS interception warrant did
not give agents the power to enter a private residence.  It also
ruled that a certificate from Mrs Shipley explaining why 70
documents from the SIS were withheld did not explain precisely
enough the reasons for their being withheld.

Justice Richardson, Justice Thomas, Justice Sir Kenneth Keith,
Justice Blanchard and Justice Tipping ruled that Mrs Shipley had
till February 1 to support a certificate that satisfied them, or
to provide the documents for a judge to consider whether national
security meant they needed to stay secret.

Justice Thomas said that "courts today are not prepared to be
awestruck by the mantra of national security".

Political activist Abdul Aziz Choudry had appealed against the
High Court ruling that would not give him access to SIS documents.
He is suing the SIS and its director, Brigadier Don McIvor, the
officers involved, the Crown and the police for $150,000 for
trespass or compensation for a breach of the Bill of Rights after
two SIS officers were caught entering Mr Choudry's house in July
1996.

Mrs Shipley said the Appeal court ruling had raised a question as
to whether the law was sufficient.  "I am expecting to receive
further advice on that... and if there is any significant
implication I would expect to convene the parliamentary committee
that looks into these matters and allow them to consider it
further."  The committee was the right forum in which any
"broad-based discussions of a law change" needed to take place,
she said.  The committee was likely to meet this week.

The judgment noted that Australia, Canada, and Britain had legal
provisions to allow intelligence agents to enter private property.

A spokeswoman for Brigadier McIvor said the Appeal Court judgment
raised some complex issues. "We will be studying it with the
Crown's legal advisers and then we will be briefing our minister,"
the spokeswoman said.

Mr Choudry said the judgment was positive and people felt that it
vindicated the concerns of activists.  It confirmed that people
who debated fair-trade issues and provided alternative analysis
were now the target of counter-intelligence groups.

"This has always been a concern of a number of people around the
world, that criticising globalisation seems to have replaced 'reds
under the beds' from the Cold War," Mr Choudry said.

Alliance MP Rod Donald said the Appeal Court judges had acted as
watchdogs of democracy and their judgment was a good one.  Mrs
Shipley's response reinforced the need to abolish the intelligence
and security committee and restore to Parliament the scrutiny of
those organisations.

"Clearly, democracy has won and Mrs Shipley should accept the
outcome with good grace and not be tempted to change the law to
suit her needs, Mr Donald said.


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