[asia-apec 974] NZ PM Press Release on APEC break-in case

[Gatt Watchdog]

  Amendment To NZSIS Legislation To Be Introduced
  Tuesday, 15 December 1998, 2:14 pm
  Press Release: New Zealand Government

     PRESS RELEASE
     FOR IMMEDIATE USE
     15 December 1998

     Government To Introduce Amendment To NZSIS Legislation

     The Government will introduce an amendment to legislation this
     week covering the operations of the New Zealand Security
     Intelligence Service, and will also seek to appeal part of the
     Choudry decision of the Court of Appeal, Prime Minister Jenny
     Shipley said today.

     "In Mr Choudry's case, the Court of Appeal pointed out the need
     for Parliament to provide express authority for the NZSIS to
     enter private premises, without permission, to intercept
     communications.

     "It is vital that the NZSIS is able to carry out its functions
     properly in gathering intelligence on security threats to New
     Zealand. In some rare instances, this may require covert entry to
     private property, which the amendment to the legislation will
     allow. The existing law had been presumed to allow this to occur.
     The Court has said if this is the intention, it should be made
     explicit as is the case in Canada, the United Kingdom and
     Australia."

     Mrs Shipley said the proposed amendment had been discussed by
     Cabinet, the Intelligence and Security Committee, the National
     Caucus and with the Leader of the Opposition.

     "A bill to amend the NZSIS Act will be tabled in the House, and
     will have its second reading tomorrow. An opportunity will be
     given for submissions to be made to the Intelligence and Security
     Committee before the Bill is considered again, early next year."

     Mrs Shipley said the Government would also seek leave to appeal
     against one aspect of the Court of Appeal's decision in Mr
     Choudry's case. The issue concerns the procedure the Court should
     follow when the Government asserts it is necessary, in the course
     of litigation against the Crown, to withhold from the Court, and
     other parties, access to information, in order to protect
     national security interests.

     "The Government considers it will be helpful to have the Privy
     Council's decision as to the respective roles of the Courts and
     Ministers in resolving such issues."

     Mrs Shipley said New Zealand cannot and must not assume it is
     immune from threats to its security.

     "The NZSIS must be provided with what it needs to carry out its
     responsibilities legally for gathering information on threats to
     New Zealand's security and these measures will help achieve
     that," the Prime Minister concluded.

     ENDS

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