[asia-apec 976] NZ Media on Spy APEC story

[Gatt Watchdog]

 SIS 
LAW CHANGE FOR SIS AGENTS AN ATTACK ON PROTEST RIGHTS - CHOUDRY
   By NZPA political reporter
   Wellington, Dec 15 - The Government will introduce under urgency
tomorrow a bill changing the law so Security Intelligence Service (SIS)
agents can covertly enter private premises.
   The move has been damned as an infringement of New Zealanders' right
of protest by anti-free trade activist Aziz Choudry, who won a Court of
Appeal ruling last week on a bungled SIS break-in at his home.
   The court found the SIS interception warrant did not empower agents
to enter private property without the permission of the 
owner.
   Today Mr Choudry said the proposed law change was an attempt to
silence protesters.
   ``It is a declaration of war on dissent in New Zealand,'' Mr Choudry
told NZPA.
   He accused the Government of wanting to clean up New Zealand of
protesters before next year's Asia Pacific Economic Cooperation (Apec)
leaders' summit on free trade, to take place in Auckland and to be
attended by world leaders including United States president Bill
Clinton. 
   ``We should be asking whether in 1998, in a country which supposedly
is an open democracy, it is appropriate for some people to be targeted
because of their views and their lawful actions in organising against
things like Apec.''
   Anti-Apec activists fully expected to be targeted by the SIS next
year for protesting against the harms of free trade, he said.
   ``What is happening when we have a lack of tolerance in the
Government, who are so desperate in their zeal to sell this image of New
Zealand as being this wonderful model for the free market and free trade
on the international stage next year, (is) that they just want to
silence all opposition.''
   Prime Minister Jenny Shipley announced the law change today and said
the Government would also take an appeal to the Privy Council against
part of the Court of Appeal decision concerning whether the Government
can withhold information from court proceedings to protect national
security interests.
   The Court of Appeal had invited the Crown to advise it by February 1
whether it proposed to file an amendment to the certificate provided by
Mrs Shipley which claimed public interest immunity as the reason for
withholding 70 SIS documents from the court. It said the certificate she
provided was too vague.
   A spokesman for Labour leader Helen Clark said Labour would support
the introduction of the bill amending the law and would support sending
it to a select committee for submissions early next year. 
   Labour would not comment further until tomorrow's debate, he said.
   Corso and the Green Party condemned the proposed law change as an
outrageous infringement of the rights of law-abiding citizens.
   ``This new bill gives the SIS blanket powers to break into our homes
if we hold a different view to the SIS and its masters about what is
good for New Zealand,'' Alliance MP and Green co-leader Rod Donald said.
    Mrs Shipley said in a statement today that it was vital the SIS was
able to carry out its functions in gathering information 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.''
   The proposed amendment is expected to be debated late tomorrow, with
the House sitting under urgency.
   It will be sent on to the intelligence and security committee, which
comprises Mrs Shipley, Miss Clark, Foreign Affairs Minister Don
McKinnon, and Labour foreign affairs spokesman Mike Moore.
   NZPA PAR ams jaf mel
   
15/12/98 17-07NZ

 SIS-D/L 
SIS NEEDS TO BE ABLE TO ENTER PRIVATE HOMES `ON RARE OCCASIONS'
   Wellington, Dec 16 - Prime Minister Jenny Shipley said today Security
Intelligence Service (SIS) agents needed to be able to enter private
properties on ``very, very rare occasions'' in the interests of national
security.
   ``... there are events in our history where it has been critical that
this ability has been available,'' she said giving as an example the
sabotage of the Rainbow Warrior.
   A bill changing the law so SIS agents can covertly enter private
premises is due to be debated under urgency in Parliament today.
   Mrs Shipley said the bill would be referred to a select committee
with public submissions heard in February.
   Anti-free trade activist Aziz Choudry, who won a Court of Appeal
ruling last week on a bungled SIS break-in at his home, has damned the
bill as an infringement of New Zealanders' right of protest.
   The court found the SIS interception warrant did not empower agents
to enter private property without the permission of the 
owner.
   Under the bill, the minister responsible for the SIS is responsible
for approving interception warrants.
   Labour supports the bill going to a select committee but leader Helen
Clark said today her party wanted the power to issue interception
warrants given to a High Court judge.
   ``I accept ... the old saying an Englishman's home is his castle.
That is breached by the police with respect to warrants for certain
activities. It is envisaged that the SIS will continue to have that
power as it's always been assumed it had but I'm suggesting that there
be a higher threshold in respect to who authorises that activity.''
   Mrs Shipley said today on National Radio that submissions on this
point would be considered.
   Miss Clark said the SIS was not being given greater powers to enter
private homes under the bill.
   She told National Radio the High Court had upheld the traditional
legal interpretation of what power the SIS was given but that had been
overturned by the Court of Appeal.
   ``The Court of Appeal did not say that the SIS should not have that
power. What it said was that it should be explicit in law.''
   Governments in Australia, Britain and Canada had moved to make that
power more explicit.
   ``The Appeal (Court) decision makes it important that New Zealand do
that too.''
   There had been few interception warrants signed out over the past few
years.
   Mrs Shipley said yesterday the Government would also take an appeal
to the Privy Council against part of the Court of Appeal decision
concerning whether the Government can withhold information from court
proceedings to protect national security interests.
   NZPA PAR sje gt
   
16/12/98 08-32NZ