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Lack of transparency from intelligence agencies, Taumaru report finds

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A comprehensive review into New Zealand’s national security system has found there is a lack of transparency from intelligence agencies on their activities, and is concerned over the effectiveness of control and oversight mechanisms.

The Taumaru report is the first review into New Zealand’s intelligence and security laws since the Intelligence and Security Act was established in 2017. Since then, the country has experienced two terror attacks, and seen a rise in cybersecurity threats, foreign interference, and disinformation.

The 274 page report, written by former Solicitor General Sir Terence Arnold and prominent Māori lawyer Matanuku Mahuika, looked into the operations and oversight of New Zealand’s two intelligence and security agencies: The Government Communications Security Bureau (GCSB) and the New Zealand Security Intelligence Service (NZSIS).

It made 52 recommendations, which the government will now consider.

The review was brought forward following the Report of the Royal Commission of Inquiry into the Christchurch terror attacks. That report criticised the transparency and scale of New Zealand’s national security system, saying it functioned as a collection of agencies with little shared direction.

There was currently no definition of what “protection of national security” actually meant in the act.

The report recommended applying one, suggesting defining it as “the protection of New Zealand, its communities and people from activities that are threats because they undermine, or seek to undermine, one or more of New Zealand’s…” – and then a list of the types of activities that could constitute a threat.

It suggested the agencies make public what their priorities actually were, so the public had a realistic understanding of what they actually did. The authors believed this would enable meaningful public engagement, and enhance the agencies’ social license to operate in New Zealand.

The report also recommended the Intelligence and Security Committee be overhauled. Established in 1996, it is the only select committee chaired by a member of the Executive (the prime minister). It also meets less frequently than other committees.

But the report believed this meant the committee lacked independence from the Executive, and the time and capacity to undertake meaningful scrutiny of the agencies’ work. It suggested stopping members of the Executive from serving on the committee, instead replacing them with a broad cross-party selection of MPs.

Currently, the committee only scrutinises the work of the GCSB and NZSIS. The report said it should be expanded to other agencies such as the Defence Force, Customs Intelligence, Immigration Intelligence, and Police Intelligence.

The issuing of warrants also came under scrutiny, with the report recommending the provisions be adjusted so warrants relating to New Zealanders and non-New Zealanders were subject to the same requirements. Tweaks to how intelligence was collected, shared, retained, and disposed of were also recommended.

It also found, unusually for such a modern piece of legislation, there was no mention of te Tiriti o Waitangi in the Act.

Prime Minister Chris Hipkins said the government would not release a response to the report until it had consulted with other parties in Parliament.

PM Chris HipkinsChris Hipkins says in terms of parliamentary scrutiny on the agencies, there is room for doing that better. Photo: RNZ // Angus Dreaver
“The government will now fully consider the report and await advice assessing the potential impact of the proposals, before taking decisions on the recommendations,” Hipkins said.

“While responding to the review will take time, we are committed to doing so in a timely way to ensure the Act remains clear, effective, and fit for purpose.”

At Monday’s post-Cabinet media briefing, Hipkins said: “We’ve only had one very preliminary conversation about the report so far. The commitment that I have made to the other parties in Parliament, I don’t think there’s any need for this to become a political football.

“The review panel has produced a challenging set of recommendations … I think we owe it to them to go through those effectively one by one and consider contestable advice on that.”

In terms of parliamentary scrutiny on the relevant agencies, he said there was room for doing that better.

“Whether what the panel have come up with is the right way of doing that I’m not convinced, but I certainly think there’s room for discussion about how we can improve the robustness of the scrutiny our intelligence agencies.

He says the proposal put forward would mean having MPs overseeing the agencies without having access to contestable advice.

“In reality the ministers at the moment – me, as the minister for national security and intelligence and also the leader of the opposition who has interaction with the security agencies, and also international interaction in this space can actually bring a different perspective that a backbench MP might not be able to.”

“I’m not taking things off the table.”

The response to the report will be led by Hipkins and the minister responsible for the GCSB and NZSIS, Andrew Little.

 

VIA RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Parliamentary Service working on extra chairs and offices for increased number of MPs

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The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee.
Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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