6 Dec 2010

Law on SIS search, surveillance powers to be updated

8:30 pm on 6 December 2010

The law governing the Security Intelligence Service's powers of search and surveillance is to be updated to keep the agency up-to-date with modern technology.

The areas of change cover the use of electronic tracking devices, computer surveillance and technology such as cell phones and cyber identities.

Separate legislation updating search and surveillance powers for other government agencies is before Parliament at the moment.

The Minister in Charge of the SIS, John Key, says the reforms are long overdue.

He says the law change will modernise the powers of the SIS and ensure it can work effectively with other enforcement agencies.

The current regime governing warrants for SIS does not specifically provide for electronic tracking.

Other agencies such as the police have had this covered, but the SIS will now be able to apply for such a warrant.

Other powers

The SIS will also be able to carry out computer-based surveillance under a warrant, which is not clear in the current law.

Other changes will confirm that anyone exercising SIS powers and entering a premise under a warrant will be protected from liability.

The new legislation will also extends that protection to all people acting under SIS warrants - at the moment it only covers warrants where the subjects are New Zealand citizens or residents, but not when they're from overseas.

It will also remove an existing requirement for the person seeking the warrant to name, in advance, all of the people who will be covered by the warrant.

The SIS says this is cumbersome, especially when numerous parties might be involved, and that often it's not possible to identify everyone individually at the start of the process.

The SIS says it should be noted that the new law will not alter the threshold for a warrant to be issued.

An application will still have prove surveillance is necessary, that the value of the information must justify the tracking or seizure, and that it's the only way to obtain that information.

Those tests will still have to satisfy the Commissioner of Security Warrants and the Minister in charge of the SIS.

The new law is intended to be passed early next year, so the changes are in place for the 2011 Rugby World Cup.

The bill containing the changes will be introduced to Parliament this week.

It will come before a parliamentary select committee, to which the public can submit their views, but all hearings will be held in secret.

The SIS rejected the option of carrying out a longer term review of New Zealand's security legislation, arguing the issues addressed by the bill require urgent attention.