Power Simon: Government Communications Security Bureau Bill — In Committee 
Power Simon: Government Communications Security Bureau Bill — In Committee 
[Volume:607;Page:4392] 
SIMON POWER (NZ National—Rangitikei) 
: 
 I listened with some interest to the contribution that was made by Keith Locke and I think we might be reading different parts of the bill. When I read the purpose of Part 3 and more particularly the restrictions imposed on interceptions contained in clause 14 I was struck by how limited the powers of the Government Communications Security Bureau were. Frankly I was quite surprised at the processes by which that information has to be obtained. I was interested to see that clause 14 states that interceptions are not to target domestic communications at all. 
Ron Mark 
: It’s to look after the unions. 
SIMON POWER 
: Maybe Mr Mark is right; perhaps we should not go too far down that track. However it is worth just spending a bit of time on that. For those members opposite who have not read the bill I say that clause 17 which relates to the issuing of the interception warrant is completely subject to the restrictions imposed by clause 14. In legal terms the bar is actually set quite high for those who are seeking to obtain or intercept information by one means or another. 
It is worth spending a bit of time on clauses 14 and 15 because I imagine that they will become the focus of the debate on this part. Clause 14 states: “Neither the Director nor an employee of the Bureau nor a person acting on behalf of the Bureau may authorise or take any action for the purpose of intercepting the communications of a person ... who is a New Zealand citizen or a permanent resident.” I would have thought that that was pretty limited in that case. 
Clause 15 goes on to say: “(1) Unless authorised by an interception warrant to do so neither the Director nor an employee of the Bureau nor a person acting on behalf of the Bureau may—(a) physically connect an interception device ... or (b)”—and this is where the bill gains in strength and gets a bit of grunt—“install an interception device in a place for the purpose of intercepting communications that occur in the place.” That emphasis is a change from the original clause 15(b) which read: “install an interception device in a place—(i) without the permission of the occupier of the place”; that has now been removed. That provision has been strengthened in the sense that the need for the interception to occur is no longer subject to the permission of the occupier. That is a change that the select committee has made and in my view it is a significant change. 
Perhaps it is just a bit of a quirk of mine but the other thing I thought was quite interesting was that the old clause 15(b) phrase “for the purpose of intercepting communications made or received in the place” has been replaced by the phrase “that occur in the place”. That widens the scope. The interception may occur as long as the intercepting communication occurs in that place. In other words the interception does not have to be made or received; it just has to occur. That is a widening and a strengthening of the earlier provision. 
I will turn now to clause 17 which deals with interception warrants. I will just reiterate what I said earlier which is that the issuing of an interception warrant is subject to clause 14 the whole way through. That means interceptions are not to target domestic communications. The Minister in the chair might be able to help me out here but my reading of it is that with the issuing of an interception warrant being subject to clause 14 the warrant cannot relate to the communications of a New Zealand citizen or a permanent resident. Is that right? I think it is pretty limited. 
Ron Mark 
: It’s a bit soft. 
SIMON POWER 
: My colleague Ron Mark says it is a bit soft. I am surprised by the narrow scope of that clause and by the way in which the see-saw has come down on the side of the public good as opposed to the privacy of an individual. Actually the see-saw has not moved very much at all. I would be very interested in any other comments other members may care to make.