NZSIS, GCSB: Academics, activists call to investigate intelligence agencies over potential co-operation with Israel’s invasion of Gaza

A group of New Zealanders wants an inquiry into whether New Zealand intelligence has been used in Gaza. Photo / Getty Images

A group of academics and activists have written to the Inspector-General of Intelligence and Security, the spy agency watchdog, calling on him to investigate whether the NZSIS and the GCSB are sharing intelligence that is ultimately used by Israel to prosecute its invasion of Gaza.

They argue that that if this is true, New Zealand intelligence may support activities that have broken international law.

Associate Professor Treasa Dunworth, Dr Max Harris, and Vinod Bal wrote to the Inspector-General Brendan Horsley calling for him to open an inquiry to see whether that intelligence was being shared.

In a letter, the three said they were “concerned that intelligence is being gathered by the GCSB and NZSIS which may be ultimately shared with Israel”.

“If that is so, then we believe that this intelligence might be supporting the commission of international crimes in the ongoing conflicts between Israel and Palestine, and Israel and Hamas,” they said.

“Even if intelligence is not being gathered and shared with Israel, an inquiry may lift public confidence in the GCSB and NZSIS by clarifying that New Zealand has not been complicit in the commission of international crimes,” they said.

An attached briefing on the grounds for an inquiry said that there was potential for New Zealand intelligence to be shared with Israel through its Five Eyes intelligence sharing arrangement, which includes the United States and the United Kingdom, which have historically been close backers of Israel.

The report cited several causes for concern, first the membership of Five Eyes, second, reporting from independent journalist Nicky Hager about the proximity of the New Zealand intelligence agencies to agencies in the US.

They say that “if the New Zealand intelligence and security agencies have produced intelligence relevant to the conflict, it is plausible to suggest that this intelligence has made its way to Israeli agencies through the United States”.

This allegation was based on the historical relationship between the US and Israeli agencies dating back to the early 1960s.

They said it was also possible New Zealand was hosting intelligence capabilities of a foreign power, probably from the Five Eyes, which could then be used to gather intelligence used in Gaza. They argue if that were the case, that foreign intelligence must still comply with New Zealand law in the way in which it was gathered.

The intelligence agencies responded to the letter saying they “collect intelligence in accordance with Government priorities, including the National Security Intelligence Priorities which define key areas of national security interest.

“All activities of the agencies, including cooperation with overseas public authorities, must be in accordance with NZ law, including all human rights obligations recognised by NZ law. These are obligations which the agencies take very seriously, and they must have effective policies and procedures in place to ensure they act in accordance with both domestic and international law.

“Sharing of intelligence with overseas public authorities is also subject to relevant Ministerial Policy Statements and other internal NZSIS and GCSB policy to ensure robust consideration of intelligence sharing.

“Like all aspect of the agencies’ work, this area is subject to the independent oversight of the Inspector-General of Intelligence and Security (IGIS). The agencies welcome this independent oversight, and will respond to any inquiries the IGIS makes”.

Thomas Coughlan is deputy political editor and covers politics from Parliament. He has worked for the Herald since 2021 and has worked in the Press Gallery since 2018.