π’ Inspector-General of Intelligence and Security
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The position of the Inspector-General of Intelligence and Security was established by the Inspector-General of Intelligence and Security Act 1996, to increase the level of oversight and review of the New Zealand Security Intelligence Service (NZSIS) and Government Communications Security Bureau (GCSB).
Functions and Responsibilities
The functions of the Inspector-General were:
- to inquire into any matter that related to the compliance by an intelligence and security agency with the law of New Zealand:
- to inquire into any complaint by - (i) a New Zealand person; or (ii) a person who was an employee or former employee of an intelligence and security agency - that that person had or may have been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:
- to inquire, subject to the concurrence of the Minister, into - (i) any matter where it appeared that a New Zealand person had or may have been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency: (ii) the propriety of particular activities of an intelligence and security agency:
- to review from time to time the effectiveness and appropriateness of the procedures adopted by the New Zealand Security Intelligence Service to ensure compliance with provisions of sections of the New Zealand Security Intelligence Service Act 1969 in relation to the issuing and executing of interception warrants:
- to review the effectiveness and appropriateness of the procedures adopted by the Government Communications Security Bureau to ensure compliance with the provisions of the Government Communications Security Bureau Act 2003 in relation to the issuing and executing of interception warrants and computer access authorisations:
- to prepare and submit to the Minister from time to time for his or her approval programmes for the general oversight and review of each intelligence and security agency and for the discharge by the Inspector-General, in relation to each intelligence and security agency, of the particular functions that were specified in the Inspector-General of Intelligence and Security Act 1996:
- to carry out any programme or amended programme or substituted programme approved by the Minister (as noted above)1.
The Inspector-General's functions were limited to inquiring or investigating matters where a persons or persons, or employee, was adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency (that is there was no scope for investigating other intelligence or security matters). When inquiring into the propriety of particular activities of an intelligence and security agency, it was not the function of the Inspector-General to inquire into the actions of the Minister. The Inspector-General was authorised to inquire into any matter, no matter how operationally sensitive (including any matter that relates to intelligence collection and production methods or sources of information) to the extent strictly necessary for the performance of his or her functions.
The Inspector-General did not conduct an inquiry into a complaint made by an employee or former employee of an intelligence and security agency unless:
- All established internal remedies had been exhausted; or
- The employee or former employee and the chief executive of the relevant intelligence and security agency otherwise agreed in writing.
When an inquiry had been conducted following a complaint, the Inspector-General was empowered to make recommendations for the redress of that complaint as the Inspector-General thought fit (including remedies that involved the payment of compensation)2.
While conducting inquiries, the Inspector-General was authorised to consult with Controller and Auditor-General, the Ombudsman, the Privacy Commissioner and the Human Rights Commissioner (under sections 12(1) and 12(2) of the Inspector-General of Intelligence and Security Act 1996).
The Inspector-General reported annually to the Prime Minister. A copy of the report was given also to the Leader of the Opposition. An unclassified version was tabled by the Prime Minister in Parliament. With the Prime Minister's concurrence, the Inspector-General could report at any time - generally or on particular matters - to the Intelligence and Security Committee3.
Structure
The Inspector-General was required to be a person who had been a judge of the High Court, and was appointed for by the Governor-General on the recommendation of the Prime Minister following consultation with the Leader of the Opposition. The term of office was three years.
The Inspector-General had a small staff, who consulted with the Chief Executive of the Department of the Prime Minister and Cabinet with regards to terms and conditions, and salaries of employees.
1- Section 11(1), Inspector-General of Intelligence and Security Act 1996, New Zealand Legislation (Parliamentary Counsel Office) website, http://www.legislation.govt.nz/act/public/1996/0047/latest/DLM392526.html?search=ts_act_Intelligence_resel (accessed 27 January 2009)
2- Section 11(2)-(6), Inspector-General of Intelligence and Security Act 1996, New Zealand Legislation (Parliamentary Counsel Office) website, http://www.legislation.govt.nz/act/public/1996/0047/latest/DLM392526.html?search=ts_act_Intelligence_resel (accessed 27 January 2009)
3- Oversight, New Zealand Security Intelligence Service website, http://www.nzsis.govt.nz/about/oversight.aspx (accessed 27 January 2009)
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Establishment
The position of the Inspector-General of Intelligence and Security was established by the Inspector-General of Intelligence and Security Act 1996, to increase the level of oversight and review of the New Zealand Security Intelligence Service (NZSIS) and Government Communications Security Bureau (GCSB).
Functions and Responsibilities
The functions of the Inspector-General were:
- to inquire into any matter that related to the compliance by an intelligence and security agency with the law of New Zealand:
- to inquire into any complaint by - (i) a New Zealand person; or (ii) a person who was an employee or former employee of an intelligence and security agency - that that person had or may have been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:
- to inquire, subject to the concurrence of the Minister, into - (i) any matter where it appeared that a New Zealand person had or may have been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency: (ii) the propriety of particular activities of an intelligence and security agency:
- to review from time to time the effectiveness and appropriateness of the procedures adopted by the New Zealand Security Intelligence Service to ensure compliance with provisions of sections of the New Zealand Security Intelligence Service Act 1969 in relation to the issuing and executing of interception warrants:
- to review the effectiveness and appropriateness of the procedures adopted by the Government Communications Security Bureau to ensure compliance with the provisions of the Government Communications Security Bureau Act 2003 in relation to the issuing and executing of interception warrants and computer access authorisations:
- to prepare and submit to the Minister from time to time for his or her approval programmes for the general oversight and review of each intelligence and security agency and for the discharge by the Inspector-General, in relation to each intelligence and security agency, of the particular functions that were specified in the Inspector-General of Intelligence and Security Act 1996:
- to carry out any programme or amended programme or substituted programme approved by the Minister (as noted above)1.
The Inspector-General's functions were limited to inquiring or investigating matters where a persons or persons, or employee, was adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency (that is there was no scope for investigating other intelligence or security matters). When inquiring into the propriety of particular activities of an intelligence and security agency, it was not the function of the Inspector-General to inquire into the actions of the Minister. The Inspector-General was authorised to inquire into any matter, no matter how operationally sensitive (including any matter that relates to intelligence collection and production methods or sources of information) to the extent strictly necessary for the performance of his or her functions.
The Inspector-General did not conduct an inquiry into a complaint made by an employee or former employee of an intelligence and security agency unless:
- All established internal remedies had been exhausted; or
- The employee or former employee and the chief executive of the relevant intelligence and security agency otherwise agreed in writing.
When an inquiry had been conducted following a complaint, the Inspector-General was empowered to make recommendations for the redress of that complaint as the Inspector-General thought fit (including remedies that involved the payment of compensation)2.
While conducting inquiries, the Inspector-General was authorised to consult with Controller and Auditor-General, the Ombudsman, the Privacy Commissioner and the Human Rights Commissioner (under sections 12(1) and 12(2) of the Inspector-General of Intelligence and Security Act 1996).
The Inspector-General reported annually to the Prime Minister. A copy of the report was given also to the Leader of the Opposition. An unclassified version was tabled by the Prime Minister in Parliament. With the Prime Minister's concurrence, the Inspector-General could report at any time - generally or on particular matters - to the Intelligence and Security Committee3.
Structure
The Inspector-General was required to be a person who had been a judge of the High Court, and was appointed for by the Governor-General on the recommendation of the Prime Minister following consultation with the Leader of the Opposition. The term of office was three years.
The Inspector-General had a small staff, who consulted with the Chief Executive of the Department of the Prime Minister and Cabinet with regards to terms and conditions, and salaries of employees.
1- Section 11(1), Inspector-General of Intelligence and Security Act 1996, New Zealand Legislation (Parliamentary Counsel Office) website, http://www.legislation.govt.nz/act/public/1996/0047/latest/DLM392526.html?search=ts_act_Intelligence_resel (accessed 27 January 2009)
2- Section 11(2)-(6), Inspector-General of Intelligence and Security Act 1996, New Zealand Legislation (Parliamentary Counsel Office) website, http://www.legislation.govt.nz/act/public/1996/0047/latest/DLM392526.html?search=ts_act_Intelligence_resel (accessed 27 January 2009)
3- Oversight, New Zealand Security Intelligence Service website, http://www.nzsis.govt.nz/about/oversight.aspx (accessed 27 January 2009)
1- Directory of Official Information 2007, Ministry of Justice website, http://www.justice.govt.nz/pubs/reports/2007/directory-of-official-information/alphabetical.html (accessed 23 January 2009)
2- Inspector-General of Intelligence and Security Act 1996, Parliamentary Counsel Office website, http://www.legislation.govt.nz/ (accessed 23 January 2009)
3- New Zealand Security Intelligence Service website, http://www.nzsis.govt.nz/ (23-27 January 2009)
4- Government Communications Security Bureau website, http://www.gcsb.govt.nz/ (accessed 23-27 January 2009)
- Privacy Act 1993
- New Zealand Security Intelligence Service Amendment Act 1999
- Official Information Act 1982
- New Zealand Security Intelligence Service Act 1969
- Government Communications Security Bureau Act 2003
- Ombudsmen Act 1975
- π’ Commissioner of Security Appeals (1996 ‑ )
- π Realm of New Zealand (1996 ‑ )