[asia-apec 979] NZ: APEC 99 and Spy Law Change

[Gatt Watchdog]

New Zealand Herald, Auckland
Dec 16 1998
Page 1

Govt pushes spy bill to allow SIS to raid homes

By John Armstrong

Legislation giving SIS agents explicit power to break into private
homes will be rushed through Parliament today.

The move comes a day after the Privacy Commissioner, Bruce Slane,
recommended the removal of some Security Intelligence Service
privileges under the Privacy Act.

The Government has support from Labour, meaning the bill's passage
is assured, despite Alliance and Green MPs' grave reservations
yesterday.

Critics labelled the bill a "declaration of war on dissent" ahead
of the Apec summit in Auckland.  That meeting, next September, is
one reason the measure is being pushed into Parliament by the
Prime Minister under urgency.

The "break-in" legislation was discussed at yesterday's meeting of
the Labour caucus, where backing was not unanimous.  But sources
say most of the caucus accepted Government arguments that the SIS
needed the power to enter private premises, given security
concerns over the Apec visit of world leaders.

The legislation follows last week's Court of Appeal ruling that an
interception warrant does not give the SIS the right to enter a
private home as it did when it raided the home of anti-free trade
activist Aziz Choudry in July 1996, during an Apec trade
ministers' meeting in Christchurch.

Mr Choudry, who is suing the Crown for $300,000 for trespass and
compensation for breach of the Bill of Rights, said last night
that the bill was a declaration of war on dissent.  Anti-Apec
activists were steeling themselves to be targeted despite only
planning lawful protest against global liberalisation policies.

"It is all about wanting to present a nice sanitised view of New
Zealand to the international media".

Jenny Shipley - the minister responsible for the SIS - defended
her amending bill, saying that until the Appeal Court's ruling it
had been presumed that existing law allowed covert entry, as in
Australia, Canada and Britain.

"It is vital the SIS is able to carry out its functions properly
in gathering intelligence on security threats.  In some rare
instances, this may require covert entry into private property."

She refused to specify what threats might justify entry.

Corso, the Alliance and the Green Party condemned the proposed law
change as an infringement of rights and the Auckland Council for
Civil Liberties said it appeared to be an attempt to legitimise
past SIS activities.

Meanwhile, Mr Slane is advocating the SIS must ensure data it
gathers is for a lawful purpose and not be stored longer than
necessary.


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