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

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • 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
  • Politics
  • 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
    • Herald NOW
    • 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
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • 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

John Armstrong: Beefed-up spy check won't appease rivals

NZ Herald
19 Apr, 2013 05:30 PM6 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

Peters lost no time in pledging his party's support for the PM's pending special legislation which will rectify the GCSB's decade-long breach of the law. Photo / NZ Herald

Peters lost no time in pledging his party's support for the PM's pending special legislation which will rectify the GCSB's decade-long breach of the law. Photo / NZ Herald

Opinion by
Govt to give intelligence watchdogs only a little bit more bite

The latest annual report of the Inspector-General of Intelligence and Security is not going to weigh down the briefcase of your average pie-eating, Penthouse-consuming spook. With the type conveniently double-spaced, the document just manages to make it as far as a fifth page.

Some might find this surprising given 2012 was a rather big year in terms of public exposure for the Government Communications Security Bureau and associated intelligence services.

Then again, the report covers the 12 months up to the end of last June and much of the public action occurred after that date.

There is a very brief and very generalised account of the inspector-general's interaction with the agencies under his purview, with a stress on trust and communication being necessary commodities. That is about as exciting as it gets.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Otherwise, the report deals briefly with complaints about vetting procedures, employment matters and brief mention of the interception warrants issued to the Security Intelligence Service.

It all adds up to not very much. It all adds up to absolutely no bark and likewise no bite from this supposed public watch-dog.

The paucity of meaningful content in the report - and the document varies little by way of length or subject matter from year to year - alone is justification for the overhaul of an institution which seems more at home in the 1950s than 2013.

The silence is puzzling, however. For Paul Neazor, the current inspector-general, has good reason to feel miffed.

In his 2009 report, Neazor made particular reference to section 14 of the GCSB Act - the provision which bans surveillance of New Zealanders by the agency. He wrote that compliance with what statute law allowed was "a thread which runs strongly through the bureau's operation".

We now know that was not the case. Someone was pulling the wool over someone else's eyes. Neazor is not alone in issuing assurances that turned out not to be worth the paper they were written on.

Discover more

Opinion

Editorial: GCSB law demands clarification

10 Apr 05:30 PM
Opinion

PM digging out of GCSB hole

12 Apr 05:30 PM
Opinion

Bryce Edwards: Political round-up: Applying the sunlight of disinfectant to spies and police

15 Apr 02:55 AM
Opinion

Mai Chen: Alarming signs of state incompetence

17 Apr 05:47 AM

His predecessor, Laurie Greig, was asked by two prime ministers - Jim Bolger and Jenny Shipley - to investigate the adequacy of safeguards to ensure only foreign intelligence was collected by the GCSB.

Greig assured them that it was a "cardinal rule" that the GCSB did not intercept the communications of New Zealanders and the agency was "scrupulous" about complying with the rules.

Advertisement
Advertise with NZME.

Whether anyone believed the assurances is a moot point. But last year's revelations that the GCSB has had a longstanding policy of helping the SIS and the police monitor New Zealanders suggests when it came to trust and communication, the traffic was all one way.

The Dotcom scandal and the GCSB's long-running breach of its own law has forced the issue when it comes to oversight of the intelligence agencies. The question of who watches the watchers has reached a watershed.

Winston Peters is about the last person who could be accused of being soft on terrorism. So when someone like him argues for more safeguards to be written into the laws covering the intelligence agencies and that they face greater scrutiny when it comes to issuing surveillance warrants, then there has to be very good reason.

Peters this week declared the time had come to ditch a system that worked as an "ad hoc old boy network with a tap on the shoulder or a chat in a corridor".

Unlike other party leaders, he did not hesitate in pledging his party's support for the Prime Minister's pending special legislation which will rectify the GCSB's decade-long breach of the law.

But Peters has made his support for the measure conditional on John Key agreeing to a major overhaul of the outdated and ineffective oversight mechanisms.

Advertisement
Advertise with NZME.

Peters is absolutely right. The external monitoring of the country's intelligence agencies is a complete joke.

The inquiry into the GCSB conducted by Cabinet secretary Rebecca Kitteridge found the agency's practice of helping other agencies monitor New Zealanders to be longstanding. It pre-dated the 2003 law which established the GCSB as a government department. The practice continued after the legislation's passage through Parliament.

The law was of enough concern within the GCSB, however, to warrant seeking legal advice from within the agency. That advice deemed it lawful.

No one at the GCSB deemed it necessary to alert the inspector-general, whose tasks include checking the GCSB's compliance with the law, along with the SIS.

The Prime Minister has responded to all this by detailing steps to strengthen the two external watchdogs - the inspector-general and Parliament's intelligence and security committee.

Peters says Key's plans do not go far enough. Labour and the Greens have continued to call for an independent commission of inquiry across the whole intelligence network.

Advertisement
Advertise with NZME.

The suspicion is that Key is rushing things on an ad hoc basis to get the whole brouhaha off the political agenda as soon as possible rather than using the opportunity to introduce a truly rigorous oversight regime.

To take the parliamentary committee first, the changes proposed are little more than cosmetic. This body - chaired by the prime minister and also comprising the Leader of the Opposition and other party leaders - is covered by legislation which largely stipulates what it cannot do rather than what it might do.

The committee sits rarely and then only briefly. It appears to glean little by way of sensitive information. It is forbidden to disclose any it receives. It is difficult to recall anything that it has achieved during its 17-year existence.

In that respect, its designated function of providing oversight of the intelligence services and ensuring their accountability is a mirage. The committee may be doing that. But the public would never know. And beyond a new requirement for the committee to table its reports in Parliament, the public will still never know.

The news is better for the role of inspector-general. Kitteridge's recommendations to turn that office into a local version of its currently more "muscular" and "robust" Australian counterpart appear to have been accepted by the Cabinet.

This should see a beefing up of the office both in terms of staffing and resourcing as it takes a deliberately more "pro-active" role rather than the "reactive" stance adopted by Greig and the soon-to-retire Neazor. Both prided themselves on their parsimony and lack of staff.

Advertisement
Advertise with NZME.

Whatever happens, details of the agencies' specific operations will continue to be withheld.

Officials may well talk about striking a balance between secrecy required for effective intelligence operations and meeting legitimate public expectations of transparency on the agencies' part.

The reality, though, is that those running the show will always be inclined to come down on one side of the argument - that the national interest always outweighs the public interest.

Save

    Share this article

Latest from New Zealand

New Zealand

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

17 Jun 09:20 AM
New Zealand

Watch: Inside look after fire engulfs Auckland supermarket

17 Jun 08:15 AM
New Zealand|crime

Fit of rage: Man injures seven people in attack on partner, kids and neighbours

17 Jun 08:00 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

17 Jun 09:20 AM

Former Act president's lawyer claims sentence was too harsh, calls for home detention.

Watch: Inside look after fire engulfs Auckland supermarket

Watch: Inside look after fire engulfs Auckland supermarket

17 Jun 08:15 AM
Fit of rage: Man injures seven people in attack on partner, kids and neighbours

Fit of rage: Man injures seven people in attack on partner, kids and neighbours

17 Jun 08:00 AM
Inside look: Damage revealed after fire engulfs Auckland supermarket

Inside look: Damage revealed after fire engulfs Auckland supermarket

Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

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
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • 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