SIS apologises to Hager over unlawful spying

The Defence Force was trying to find a source from Nicky Hager's book Other People's Wars. Photo / Ross Giblin

New Zealand's domestic spy agency has apologised to investigative journalist Nicky Hager for unlawfully helping the Defence Force try to uncover one of his sources.

The Acting Inspector General of Intelligence and Security has upheld a complaint by Hager against the NZSIS (Security Intelligence Service) over assistance it gave to the NZDF in attempting to figure out whether a military officer they suspected was one of the sources for the 2011 book Other People's Wars.

The book covered New Zealand's participation in the Iraq and Afghanistan wars.

The spy agency's efforts included collecting two months' of Hager's home and mobile phone records. The source was never identified.

Replying to the complaint, NZSIS argued it was trying to investigate whether there had been espionage.

But in a decision last month, acting Inspector General Madeleine Laracy ruled the activity unlawful.

"NZSIS provided that assistance despite a lack of grounds for reasonable suspicion that any activity had occurred that was a matter of national security," she said.

"I have been unable to find that the Service showed the kind of caution I consider proper, for an intelligence agency in a free and democratic society, about launching any investigation into a journalist's sources."

She said an apology was owed to Hager.

In a statement, Director-General of Security Rebecca Kitteridge - the head of the SIS - said the agency was sorry.

"NZSIS has apologised to Mr Hager for these failings, any impact they had on him, and any distress that has been caused," she said.

"I reiterate that apology to Mr Hager publicly."

Hager said he wanted the SIS to introduce policies to stop them targeting media and journalists in the same way.

"I would rather get on with my work than fight these fights, but this issue needs to be fixed for the future," he said in a statement.

New Zealand Police last year also apologised to Hager and paid him "substantial damages" over an unlawful 2014 raid on his home, in which they tried to find a hacker behind the emails that formed the book Dirty Politics.