NZ Spy Bill

May 24, 2010 at 11:02 pm Leave a comment

I’m trying to find out exactly how many CCTV cams are here in Christchurch, New Zealand. I’ve been told it’s 44. Certainly, 25 new cams were added to the CCTV network in 2009. In Oxford, where I’ll be living, I’ve yet to spot one. I will do a thorough check as there’s bound to be one, probably at the town’s only ATM. But it’s a relief to be in a town where you and the streets aren’t watched day in day out by a lot of unblinking eyes.

What has me more alarmed though is an NZ Bill I’ve blogged about before – the Search and Surveillance Bill 45-1 (2009). Skim that blog post first before reading on. The Bill is currently before the Justice and Electoral Committee which is due to report back in late 2010.

I was watching Sunday last week and there was a report on just how intrusive this Bill could be into the every day lives of New Zealanders. Why don’t you watch the session – it’s pretty damn frightening. I was pleased to see a partner from NZ law firm, Bell Gully, being interviewed about concerns that Government agencies will have increased surveillance powers and you can read that law firm’s submission here.

As I understand it, over 70 “non-police” NZ agencies (such as Fisheries Ministry, Inland Revenue Department, Commerce Commission, the Reserve Bank and the Pork Industry Board) already have the power to obtain a search warrant (as long as it is deemed “role appropriate) but the Bill is a step beyond this – it gives these agencies the power to enter private property and covertly install a listening or recording device, set up hidden cameras or plant tracking devices on cars without someone’s knowledge.  At the moment, when one of these agencies obtains a warrant, it’s for the production of documents or to answer questions. If there is reasonable cause, a search of physical property might take place.

The S&S Bill extends investigatory powers and is trying to provide a homogeneous framework for regulators but….it is basically giving police powers to non-police Government agencies. Scary. Who will be overseeing exactly what these agencies can and can’t do? And under what circumstances will an agency be given the power to enter private property for secret squirrel operations? From my reading of the S&S Bill, it seems that non-police agencies would also be given the power to obtain a “residual warrant” that would allow them to legally hack into someone’s computer remotely and this would include asking an ISP to provide access to the person’s computer network.

Surely this Bill is contrary to the New Zealand Bill of Rights Act 1990, which gives New Zealanders the right to be free from unreasonable search and seizure?

What really, really scares me is that should the Bill become law, I can’t see how a person has the right to silence. It seems that under an Examination Order, a Government agency can haul you off for questioning and you have no right of refusal. I guess you could cite s60 of the Evidence Act and claim ‘privilege against self-incrimination’ – but I’m not sure how far that would get you.

Anyway, I plan to study this much more deeply. It’s very concerning that a democracy like New Zealand is considering such invasive powers (no doubt it’s being touted as an “anti-terrorism” measure). If you know anything, leave a comment.

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Entry filed under: Civil liberties, New Zealand, Privacy, surveillance, Surveillance society. Tags: .

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