Shearer David: Questions for Oral Answer — Questions to MinistersText is incorporated into the Bound VolumeShearer David: Questions for Oral Answer — Questions to Ministers[Sitting date: 11 June 2013. Volume:691;Page:10902. Text is incorporated into the Bound Volume.]4.DAVID SHEARER (Leader of the Opposition)to thePrime Minister: Has he received any information that shows foreign intelligence agencies are routinelycollecting emails other communication or location data on New Zealand citizens and residents while they are in New Zealand; if so has the resulting information been passed on to the Government Communications Security Bureau?Rt Hon JOHN KEY (Prime Minister):No.David Shearer: Do New Zealand intelligence agencies use or have access to the PRISM system developed by the US National Security Agency?Rt Hon JOHN KEY: I do not believe that it is in the public interest to go into the operational programmes used by the Government Communications Security Bureau or the Security Intelligence Service but what I can say is that I have sought an assurance from the Government Communications Security Bureau that it is acting in accordance with New Zealand law and that it does not ask Government agencies in other countries to circumvent that law.David Shearer: Will he give New Zealanders an assurance that information collected on them by non - New Zealand intelligence agencies has not been and is not being used by New Zealand authorities without them having the legal authority to do so?Rt Hon JOHN KEY: I can assure the House that we do not use our partners to circumvent New Zealand laws. We do not ask them to do that. I cannot speak for other international agencies; I simply do not know what they do. But I know that from our perspective and from the Government Communications Security Bureau’s perspective we do not use foreign partners to circumvent the law.David Shearer: Why is he passing legislation extending the powers of the Government Communications Security Bureau without the opportunity for a thorough examination of the technological changes in cyber-security that would be covered by an independent wide-ranging inquiry?Rt Hon JOHN KEY: Firstly it is quite clear that the law needs to be clarified. That is as a result of the Kitteridge report and the work done by Justice Neazor—that is the first thing. The second thing is without clarifying the law the assistance work provided by the Government Communications Security Bureau to other agencies actually cannot continue. Thirdly in my view there was an extremely thorough piece of work done by Rebecca Kitteridge so we have a good understanding of what has taken place there. But I do find myself in a bizarre situation now answering a question from a man who wants to protect privacy—Mr SPEAKER: Order!David Shearer: Why is he refusing to conduct an independent inquiry into New Zealand’s intelligence and security agencies when the public has lost confidence in our intelligence agencies at a time when serious concerns are being raised about whether the privacy of New Zealanders has been breached?Rt Hon JOHN KEY: I do not believe for a moment that the public has actually lost confidence in New Zealand’s intelligence agencies. I think it is quite clear that there was a mistake made by the Government Communications Security Bureau when it came to using its foreign intelligence powers with regard to Mr Kim Dotcom. But actually beyond that what the Kitteridge report highlighted was a significant amount of work that needs to be undertaken. It was an extremely thorough review.Grant Robertson: A very narrow review—a very narrow review.Rt Hon JOHN KEY: The director of the Government Communications Security Bureau is actually undertaking that inquiry. Well actually I know for a fact that Mr Shearer does not think that it was narrow. He is looking for a different reason to not vote for it.Steffan Browning: Has the Government Communications Security Bureau ever made requests to the United States that have resulted in intelligence being gathered andprovided using the PRISM system and did the Government Communications Security Bureau seek approval from you or other Ministers before doing so?Mr SPEAKER: Order! Do not bring the Speaker into the debate.Rt Hon JOHN KEY: I am not going to go into the operational matters or techniques used by the Government Communications Security Bureau but what I can give people an absolute assurance on is that we do not ask foreign intelligence agencies to act in any way that circumvents the law. Any assistance that may have been provided by other agencies will be because it is both lawful—that means signed off both by me as the Minister in charge of the NZ Security Intelligence Service and by the Commissioner of Security Warrants—and importantly in the national interest for us to do so.Steffan Browning: On the basis of that was PRISM data used in the cases identified in the Kitteridge report where metadata or other intelligence was collected illegally on 88 New Zealanders?Rt Hon JOHN KEY: As I said firstly I am not in a position to go into the techniques that are deployed by the Government Communications Security Bureau. I do not think any Prime Minister has done that. Secondly I would challenge the member to go away and read the report from Justice Neazor. Actually it did not find that the 88 cases were illegal.Steffan Browning: Under the Government’s proposed law changes when the Government Communications Security Bureau spies on New Zealanders can that include it requesting surveillance by the US National Security Agency and thus potentially the PRISM system?Rt Hon JOHN KEY: I think I have actually answered that question but for clarity reasons let me give it to the member again. I have sought assurances from the Government Communications Security Bureau that it acts in accordance with New Zealand law and does not ask Government agencies in another country to circumvent the law. There would be no reason to do that if the person was in New Zealand and there was a legal warranted—Steffan Browning: Point of order—Rt Hon JOHN KEY: Let me finish the answer—a legal warranted activity to be conducted.Steffan Browning: I raise a point of order Mr Speaker. The question was not really answered because I said “can that include it requesting surveillance by the US National Security Agency and thus potentially the PRISM system?”. That was not answered.Mr SPEAKER: Order! I think on this occasion the Prime Minister has very adequately addressed the question.