Checks and Balances in Secret Services
Mass surveillance of New Zealand citizens has been a hot issue in this country for the past eighteen months or so. Our local spy networks, along with international spy partners, have been sharply criticised for engaging in (literally) unwarranted spying.
The NZ spy agencies have opened up more than ever before and have more diligent and exacting review mechanisms overseeing them. The independence and integrity of the reviewers seems beyond question. The first independent review has now been
published, entitled "Intelligence and Security in a Free Society: Report of the First Independent Review of Intelligence and Security in New Zealand".
The
Foreword states:
Our central conclusion is that there should be a single, integrated and comprehensive Act of Parliament that lays out in plain English how the agencies are constituted; what their
purposes are; how all their intelligence and security activities are authorised; and how they are overseen so as to protect those freedoms and liberties that are part of what we are as a nation.
The Act should state clearly that its fundamental purpose is the protection of New Zealand as a free, open and democratic society. That then becomes the guiding principle by which the activities of the agencies must be undertaken and judged.
There should always be debate about how best to ensure that purpose is achieved.
Freedom and liberty cannot be preserved either in a vacuum of apathy or in an atmosphere of tolerance of the abuse of power. But nor can they be preserved by wilfully or casually ignoring the existence of those who reject or threaten the values of freedom and liberty. Our report proposes a legislative framework designed to encompass both those enduring truths.
So far, so good. The Report goes on to conclude that no mass surveillance of New Zealanders is taking place. The assessment on this issue is as follows: