NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

IPCA backs police on illegal spying complaint

NZ Herald
16 Jul, 2014 10:26 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Photos / NZ Herald

Photos / NZ Herald

A police decision not to prosecute over illegal spying on New Zealanders by the Government Communications Security Bureau was justified, the Independent Police Conduct Authority says.

Greens co-leader Russel Norman asked police to investigate following revelations that the Government Communications Security Bureau (GCSB) had unlawfully intercepted private communications, including those of internet mogul Kim Dotcom.

He asked police to investigate whether any GCSB officers had committed a criminal offence, and specifically whether they had breached section 216B of the Crimes Act 1961.

Seven months later, Dr Norman wrote to the Police Commissioner asking that his complaint be widened to cover all cases in the past decade where the GCSB might have 'unlawfully spied' on people.

In the authority's report released today, chairman Sir David Carruthers said its investigation looked into the police's reliance on an absence of criminal intent to reach a decision; the appointment of Kristy McDonald QC by police to oversee their investigation and a police failure to investigate an additional 56, potentially unlawful, interceptions by the GCSB that had been identified in the report to the Prime Minister by the former Secretary to the Cabinet Rebecca Kitteridge.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The authority found police were justified in relying upon an absence of criminal intent to reach their decision not to prosecute, Sir David said.

"The police decision not to prosecute was based squarely on an opinion provided by the Solicitor-General.

"Police were quite entitled to rely upon this advice, and indeed, having received the opinion it would have been surprising if they had proceeded on any other basis."

Advertisement
Advertise with NZME.

The authority also found the engagement of Ms McDonald did not create any conflict of interest and was justified.

The authority also found the additional 56 potentially unlawful interceptions by the GCSB identified in the Kitteridge Report all related to metadata rather than the content of communications.

Since the law was unclear as to whether interceptions of metadata were unlawful, the decision by police not to investigate the additional interceptions was also justified, Sir David said.

Police: The matter is now closed

In their response today, police said the IPCA report dismissed all three aspects of the complaint made by Dr Norman.

Discover more

Business

Dotcom music service to list in Australia

14 Jul 07:00 AM
New Zealand|politics

The secret Dotcom papers

14 Jul 09:34 PM
New Zealand|politics

Minister denies pressure on INZ

15 Jul 03:01 AM
Opinion

Editorial: Dotcom saga shows why independent judges best

15 Jul 05:00 PM

"The IPCA report finds no evidence of any misconduct or neglect of duty by police regarding its investigation," Assistant Commissioner Malcolm Burgess said in a statement.

"The report confirms that police were entitled to rely on legal advice provided by the Solicitor-General in reaching a decision that there had been no criminal intent on the part of GCSB staff in intercepting the communications and that there was no conflict of interest in Police appointing Kristy McDonald QC to oversee the matter.

"It also finds that because the law was unclear relating to the interception of metadata, Police were justified in not investigating the additional interceptions."

Mr Burgess said police now considered the matter closed.

Labour calls for security services review

Labour called for a wider review of the country's security agencies.

"The problem with this ruling is that there is still no accountability for these unlawful activities against New Zealanders. The fault for this lies with John Key who is the minister responsible," Labour's associate security and intelligence spokesman Grant Robertson said.

Advertisement
Advertise with NZME.

"However, IPCA chair Sir David Carruthers stressed it was 'not the role of the authority to investigate the activities of the GCSB' or to 'determine the accuracy of the legal advice provided to the police by the Solicitor-General'.

"This is symptomatic of wider concerns about our security and intelligence agencies," Mr Robertson said.

"There is no proper governance from the Prime Minister who is in charge of our spy agencies. He has been asleep at the wheel while unlawful actions took place around him. On top of this, the Parliamentary Intelligence and Security Committee is toothless."

Greens: IPCA didn't look at crux of complaint

The Green Party said New Zealanders who were illegally spied on would probably never get their justice.

"The IPCA did not look at the issue which formed the crux of the complaint, which is, did the police rely on the wrong interpretation of the law when deciding not to prosecute," said Greens co-leader Russel Norman.

"The IPCA, in part of their report, concluded the matter was not for the police but for the courts. How can someone go to court on the issue when a person doesn't even know if they have been spied on or not? The whole process is a Catch-22," he said.

Advertisement
Advertise with NZME.

"The report gives a green light for illegal spying because the system has set itself up to be impenetrable to inquiries for justice.

The Greens reiterates their call for an open and independent inquiry and an overhaul of the country's intelligence agencies.

Case is bigger than IPCA report - Harre

Internet Party leader Laila Harre said the Dotcom case had gone a long way past holding a few state servants to account.

"The scale of the case is beyond is the normal review and oversight processes. We want a royal commission of inquiry with the full powers needed to scrutinise the illegal spying and accountability for it. That scrutiny must extend to the Prime Minister as the minister responsible.

"We will not get to the truth, or to justice for the 88 New Zealanders at the heart of today's report, through a piecemeal approach," she said.

Save

    Share this article

Latest from New Zealand

live
New Zealand

Watch: Flights delayed at Auckland Airport as intense rain batters city, surface flooding

09 May 06:23 AM
New Zealand

Probe into unexplained death after discovery of man’s body in Northland

09 May 06:18 AM
Politics

'Shame on you Brooke': Hundreds brave downpours to protest Govt’s pay equity changes

09 May 06:16 AM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Watch: Flights delayed at Auckland Airport as intense rain batters city, surface flooding
live

Watch: Flights delayed at Auckland Airport as intense rain batters city, surface flooding

09 May 06:23 AM

Motorists are being warned to expect hazardous driving conditions.

Probe into unexplained death after discovery of man’s body in Northland

Probe into unexplained death after discovery of man’s body in Northland

09 May 06:18 AM
'Shame on you Brooke': Hundreds brave downpours to protest Govt’s pay equity changes

'Shame on you Brooke': Hundreds brave downpours to protest Govt’s pay equity changes

09 May 06:16 AM
MetService Severe Weather Update - Friday 9 May

MetService Severe Weather Update - Friday 9 May

Connected workers are safer workers 
sponsored

Connected workers are safer workers 

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP