Little AndrewMINISTERIAL STATEMENTSTerrorist Attack—LynnMallHon ANDREW LITTLE (Minister responsible for the NZSIS): I wish to make a ministerial statement on last week's terrorist attack in Auckland.At around 2.40 p.m. last Friday 3 September a known ideologically motivated violent extremist entered the Countdown supermarket at LynnMall in Auckland's New Lynn. While in the supermarket the individual took a knife from the shelves and used to it to attack six innocent shoppers and a seventh person was also injured. A police team surveilling the terrorist intervened shot and killed him. The terrorist acted alone; we are confident of that.I acknowledge the injured victims of this attack. Seven people have been hurt. Four were in a critical condition when they were admitted to hospital that evening. All are now stable or recovering and we wish them well for their ongoing recovery. I also acknowledge the Countdown staff and the shoppers in the mall who rendered aid to the victims and otherwise assisted. For everyone who was in the vicinity of this attack I know it will have caused shock and deep distress and I trust they will be receiving the support they need from their employer or from Victim Support.I acknowledge the bravery of the New Zealand Police officers who have been part of the surveillance operation over this terrorist during the last several weeks. Police knew what they were dealing with and the risks that they and the community were facing. Tragically the world does now too. The nature of police work means officers face danger every day. In this case the Police surveillance team stood between this individual—one of the most dangerous in New Zealand—and the rest of the community. So to the Police I say: thank you.While much of their work must necessarily be carried out in secrecy I wanted to put on record the work of the New Zealand Security Intelligence Service (NZSIS) and what they did over many years to protect the community from this terrorist. The NZSIS identified the individual in 2016 from his disturbing online activities. He remained a person of interest ever since with the SIS continually appraising and reappraising the risk he posed. The intelligence collected by the SIS was vital to supporting the Police and other authorities to minimise and manage that risk.Nevertheless despite the very best efforts of so many the terrorist did carry out a violent attack. We must learn the lessons from this attack so we can keep the community safe in the future. Inquiries by the coroner and the Independent Police Conduct Authority will be vital to this.At this stage I can report the following facts about the terrorist's background. On 14 July 2011 he applied for a student visa. A national security check was returned with no comment the following month. He arrived in New Zealand from Sri Lanka in October 2011. Just two weeks later he applied for asylum. I can say that the basis of that claim was not a fear of the Government of Sri Lanka. In April 2012 his asylum claim was unsuccessful; he was found to be lacking in credibility. He appealed that decision to the Immigration and Protection Tribunal. In December 2013 he was granted refugee status by the tribunal. He subsequently became a permanent resident.In 2016 the SIS became aware of disturbing online activity by the individual and an investigation was initiated. Over the years the SIS has committed considerable resources to monitoring the threat posed by the individual because of his threatening actions.In May 2017 the individual attempted to leave New Zealand for Malaysia—although it is believed his intended destination was Syria where he intended to join Daesh. On investigation he was found in possession of offensive propaganda material consistent with his ideologically motivated violent extremism. He was also found in possession of a large hunting knife. He was arrested and charged with offences relating to objectionable material and offensive weapons.To be clear as a country we had an obligation to prevent this person travelling to pursue his terrorist ambitions. He was remanded in custody until around June 2018 when he pleaded guilty to the objectionable material offence and was sentenced to supervision. Shortly after his release the individual purchased another hunting knife and continued seeking and distributing objectionable material online. He was arrested and remanded in custody.In August 2017 the Refugee Status Unit began a review of the individual's refugee status with a request for consideration whether he should be deported. In January 2018 Immigration New Zealand reopened his case and in April of that year he requested cancellation of his permanent resident visa. His reasons for doing so are unclear.On 1 June 2018 he was served with a notice of cancellation of his refugee status on the basis of fraud. On 1 February 2019 his refugee status was cancelled. Later in April 2019 the individual lodged an appeal against the cancellation of his refugee status. On 8 July this year it was deemed that the individual was likely a protected person. A question remained about whether he would be eligible for deportation because of his immigration status and this was yet to be tested in the courts. Despite many attempts to prevent it the individual was released on bail from prison on 13 July this year. On release he was immediately placed under intense surveillance including by the Police with support from the Special Tactics Group.Through the terrorist's long periods of time spent in prison Corrections worked closely with partner agencies to keep the community and Corrections staff safe from the extreme risk that his violent extremist ideology presented. Corrections presently has no ability to compel an offender to take part in rehabilitation activities. Attempts were made to provide him with mental health support while he was in prison but he refused to engage. He also refused to meet with a Corrections psychologist while in prison. With support from the countering violent extremism forum Corrections engaged with the local Muslim community with the intention of having an imam meet with him regarding his spiritual beliefs. He met with the imam twice; however he did not engage in any meaningful way.Regarding more generally taking action based on the individual's mental health I note that the Mental Health Foundation of New Zealand has said the individual did not meet the criteria to be involuntarily assessed under the Mental Health Act and he did not meet the criteria to be sectioned under the Act. I expect that the coroner might investigate any role that mental health issues played in the terrible events that have transpired.At all times Government and agencies attempted every legal avenue available to deport the terrorist and to keep him detained and out of the community while we did so. When we couldn't keep him in custody agencies took the extraordinary step of keeping him under constant police surveillance and followed by the Special Tactics Group when he was in public. All agencies were doing all that could be done to protect New Zealanders and ultimately we were frustrated by the law dealing with terrorist activity as it currently stands.It is important to turn briefly to that law now. In November 2007 the then Solicitor-General found the Terrorism Suppression Act 2002 was unworkable. Among other deficiencies the Act was found not to contain a criminal offence of planning or preparation for a terrorist attack.Work on addressing that gap in the law did not commence until August 2018. This Government directed officials to commence the policy work required—and it was a very significant piece of work because of the interplay between security individual freedoms and human rights. We have also been informed in that work by the report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019. The Counter-Terrorism Legislation Bill is due to be reported back from the select committee very shortly. As the Prime Minister has said publicly it is the Government's intention to pass the bill this month.There is more to be done. I want to conclude by echoing the words of the Prime Minister: last week's attack was terrorism carried out by an individual—not a faith not a culture not an ethnicity. The individual was gripped by ideology that is not supported here by anyone or any community. The terrorist alone carries the responsibility for his acts.To those hurt in the attack and to those in the supermarket and at the mall who witnessed it we are sorry that this has happened to you. We have now experienced two terrorist attacks that were motivated by different—but no less insidious and repugnant—violent extremist ideologies. New Zealand was not immune to the threat of terrorist violence in March 2019 and we are not immune now and we will not be in the future. It is time for a more mature national discussion about national security than we have had in the past and now as legislators—and as a country—we must move forward and do what we can do to ensure it never happens again.