ANNEX 15: THE LAW OF THE FIVE EYES
provided, on presentation of a proper warrant, to GCSB, SIS or the New Zealand
Police.
75.
A fresh round of Snowden disclosures in 2014 suggested that GCSB had developed a
mass metadata collection program known as SPEARGUN. The basic premise of the
alleged program was to insert metadata probes into the Southern Cross Cable, which
carries much of New Zealand’s telecommunications. Prime Minister John Key admitted
that the project had been initiated but denied that it had become operational because
he had vetoed it. The controversy arose, in part, as the broad powers under GCSB Act
ss15 and 15A were not in place during 2012, when the project was allegedly begun.84
Oversight
76.
The New Zealand security services are overseen via a number of statutory
mechanisms. First, the Intelligence and Security Committee is a Parliamentary body,
established in statute, which is made up of five persons including the Prime Minister,
Leader of the Opposition and 3 other Members of Parliament.85 It examines the policies
and administration of the Security Intelligence Service and GCSB and consider other
questions with intelligence or security implications that are referred to it by the Prime
Minister.
77.
Second, the Inspector-General of Intelligence and Security, is an individual appointed
by the Governor General, on the recommendation of the Prime Minister.86 The
Inspector-General enquires into the Services’ compliance with its legal obligations and
complaints about its activities. They are specifically required to review, at least once
every 12 months, the compliance with the governing legislation in relation to the issue
and execution of warrants and authorisations.87 The Inspector-General reports
annually to the Prime Minister and a redacted version of that report is laid before
Parliament.
78.
Third, as set out above, the Commissioner of Security Warrants is engaged in agreeing
to any warrant granted to the security service that will collect the communications of
New Zealand citizens or residents.
The United States of America
79.
The US law concerning investigatory powers is divided between two separate statutory
frameworks. The WA 1968, the Stored Communications Act [SCA] and Pen Register
Act [PRA] govern the use of investigatory powers in conventional criminal law
enforcement.88 A separate regime, the Foreign Intelligence Services Act 1978 [FISA
1978], governs the collection and analysis of foreign intelligence. Both frameworks
have been extensively amended since their introduction.
84
https://firstlook.org/theintercept/2014/09/15/new-zealand-gcsb-speargun-mass-surveillance/
Intelligence and Security Committee Act 1996.
Inspector-General of Intelligence and Security Act 1996 [IGISA] s. 5.
IGISA s11(d).
US Civil Code Title 18 Chapter 119. SCA and PRA were introduced under the Electronic
Communications Privacy Act 1986, which substantially amended the WA 1968.
85
86
87
88
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