Shearer David: Questions for Oral Answer — Questions to Ministers Questions to Members 
Text is incorporated into the Bound Volume 
Shearer David: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Sitting date: 17 October 2012. Volume:684;Page:5881. Text is incorporated into the Bound Volume.] 
3. 
DAVID SHEARER (Leader of the Opposition) 
 to the  
Prime Minister 
: Further to his answers to the first supplementary question to Oral Question No 1 on 26 September and the first supplementary question to Oral Question No 1 yesterday does he now know on what date the Government Communications Security Bureau was first told that its surveillance of Kim Dotcom was illegal? 
Rt Hon JOHN KEY (Prime Minister) 
: 
 I am advised by the Government Communications Security Bureau that the first time it became aware its activity in relation to the Dotcom case was unlawful was between 7 September when an affidavit was filed in the court and 13 September when my office was informed. As I have previously stated publicly there were two main aspects to the human error at the heart of this matter: first the Government Communications Security Bureau originally relied on the police information about the residency status of the people in question and did not check further and second the error was compounded after the operation was concluded by a simple wrong interpretation of the law which occurred in February as I have stated publicly several times. 
David Shearer 
: Did the Government Communications Security Bureau mention the police operation of Kim Dotcom at either or both of the briefings that it gave him on 14 and 24 February? 
Rt Hon JOHN KEY 
: No. 
David Shearer 
: Given his answer yesterday has he now gone and asked his department the Department of the Prime Minister and Cabinet what if any knowledge it had of the Kim Dotcom case prior to September? 
Rt Hon JOHN KEY 
: A member of the Department of the Prime Minister and Cabinet was aware of the Government Communications Security Bureau’s involvement after the raid took place; that would have been in late January. That information was never passed on to me. We have looked at all of the records and notes and email correspondence and the person has confirmed that they never discussed the matter with me and has actually never discussed the matter with me. 
David Shearer 
: Who was that person who did not pass on that information to him? 
Rt Hon JOHN KEY 
: Roy Ferguson. 
David Shearer 
: Which of his ministerial colleagues other than the Attorney-General did he discuss the Government Communications Security Bureau’s unlawful surveillance of Mr Dotcom with prior to the bureau’s actions being made public? 
Rt Hon JOHN KEY 
: I do not know the answer to those questions. 
David Shearer 
: How then can he be sure he actually spoke to Ministers if he cannot actually recall who they were? 
Rt Hon JOHN KEY 
: I remember having a discussion; I think it was with the Attorney-General. I am sure there were another couple of Ministers there but I do not recall who they were. 
David Shearer 
: Mr Speaker—[ 
Interruption 
] 
Mr SPEAKER 
: Order! I want to hear the—[ 
Interruption 
] Order! Order! I say to the Labour members to show their leader some courtesy. I want to hear his question. 
David Shearer 
: Will he confirm that he had not heard of Kim Dotcom or Megaupload prior to 19 January? 
Rt Hon JOHN KEY 
: Correct. 
Rt Hon Winston Peters 
: On the question of the Prime Minister’s knowledge or memory does he stand by his written answer to my question of 7 May when he was asked what dates between 7 April and 23 July 2011 he met with the Hon Simon Power following Mr Power’s seeking further information on Kim Dotcom and can he assure the House that Mr Power did not raise the subject of Kim Dotcom at that 13 June 2011 meeting? 
Rt Hon JOHN KEY 
: I can confirm he did not raise the matter. 
Rt Hon Winston Peters 
: How can the Prime Minister make that assurance when in his written answer to my question on 7 May he claimed: “There is no record of what was discussed … and I have no recollection of the discussion.”? How could he give that assurance to the House today? 
Rt Hon JOHN KEY 
: As I distinctly recall the first I heard of Kim Dotcom was 19 January 2012. 
Rt Hon Winston Peters 
: How can the Prime Minister possibly give an assurance that that matter was not raised by the Hon Simon Power with him back in June 2011 as he just did when in his formal writing to me in a written answer he said: “There is no record of what was discussed … and I have no recollection of the discussion.”? How can he reconcile those two statements: the one today in the House and the written one? 
Rt Hon JOHN KEY 
: Quite easily because I do not recall the exact conversation of why Simon came to me on that particular occasion but I know for a fact it was not about Kim Dotcom. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. Mr Speaker—[ 
Interruption 
] 
Mr SPEAKER 
: Order! A point of order has been called. 
Rt Hon Winston Peters 
: I seek leave to table this question and answer— 
Mr SPEAKER 
: Order! We do not table questions for written answer. They are available to all members anyhow. 
Rt Hon Winston Peters 
: Well a further supplementary question? 
Mr SPEAKER 
: The member I think has used his allocation of supplementary questions available. 
Rt Hon Winston Peters 
: Well I seek leave to get the truth out of the Prime Minister. 
Mr SPEAKER 
: The member can seek leave only for a procedure of the House to be followed. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. The idea that you would indicate that getting the truth out of the Prime Minister is not a procedure— 
Mr SPEAKER 
: Order! The member will resume his seat. This is the House of Representatives. We do not need that sort of nonsense.