KEY POINTS:
New powers will allow the Prime Minister to designate terrorists and terror organisations.
Yesterday the Government introduced the Terrorism Suppression Amendment Bill which, with a number of measures designed to ensure New Zealand conforms with international anti-terror agreements, will give the Prime Minister rather than the High Court
the power to make three-yearly reviews of terrorist designations.
The new powers have alarmed Green MP Keith Locke.
"Given the serious consequences for anyone designated a terrorist, it is unfair for the person who made the original designation, the Prime Minister, to be the person later checking whether it was accurate," Mr Locke said.
"The only legal avenue open to a designated person is a difficult and expensive legal review."
Previous prime ministers had called the likes of Nelson Mandela and Xanana Gusmao terrorists, and those men had gone on to become internationally respected politicians, Mr Locke said.
However, a spokesman for acting Foreign Affairs Minister Michael Cullen denied the bill endowed the Prime Minister with any extra powers at the expense of the judiciary, as the courts could still examine decisions.
If passed, the bill will allow New Zealand to classify as a terrorist or terrorist organisation anything or anyone the UN designates as such. The original act was "awkward and clunky" and contained some unworkable regulations which were now being tidied up, Dr Cullen's spokesman said.
At present terrorist designations expire after three years unless extended by the High Court. The preamble to the bill said that was inappropriate as New Zealand was obliged to maintain UN designations until they were lifted by the Security Council. "The United Kingdom, Canada and Australia all do not involve the courts [in those decisions]," the spokesman said.
The bill also creates a general offence of committing a terrorist act, introduces new offences concerning radioactive material, and clarifies the law on financing terrorist organisations.
Mr Locke said other countries under greater threat had been testing the legal scope and fairness of the UN designations. He also questioned the definition of a terrorist as "someone who for political reasons caused serious disruption to an infrastructure facility, if likely to endanger human life".
Some protest activity during the 1981 Springbok tour would fall into the category, he said.
"Previously New Zealanders were allowed to support a liberation movement in South Africa, or in Palestine today, that engaged in some terrorist acts, provided such support was used 'for the purpose of advocating democratic government or the protection of human rights'. That protection is now stripped out of the act." The Government denies that is the case.
