The Human Rights Commission has slammed the Government over proposed changes in the New Zealand Security Intelligence Amendment Bill - both the way the bill is being handled and the changes themselves.
The changes will specify in greater detail some of the electronic tracking and seizure practices already being undertaken
by the SIS under general authorisations - including tracking mobile text messaging and internet traffic and accounts and IP addresses.
Chief commissioner Rosslyn Noonan yesterday privately met the statutory intelligence and security committee chaired by Prime Minister John Key.
After hearing submissions, including those from Rosslyn Noonan, Mr Key released 23 of them.
The committee is made up of Government and Opposition MPs but because it is not a parliamentary select committee, no information about submissions was on the parliamentary website.
Rosslyn Noonan says the public notices around submissions for the bill were not adequate and interested parties, including the commission, were not aware submissions closed on February 18.
In her submission, dated March 31, she said "this raises significant issues in relation to transparency, participation and legitimacy".
"This is particularly the case in the context of legislation on security intelligence matters which has always - and rightly - attracted high levels of public scrutiny."
On the issues in the bill itself, Rosslyn Noonan said the commission recognised the need to update the warrants scheme and address technology.
"We are, however, apprehensive about the bill's potential to dilute the accountability elements presently in the act and so undermine fundamental human rights and protections that are an inherent part of a democratic society."
The bill also relaxes the technical requirements of SIS warrants which at present must specify all people involved in helping to execute an SIS warrant and must be resubmitted to the SIS Minister (Mr Key) for approval if there is any change.
The Human Rights Commission opposed a proposal to allow the SIS director to delegate powers to other SIS staff to approve changes to the warrant.
"Not only is the director ... not subject to the Official Information Act," the submission said "but the director is safe from having to make disclosure in litigation."
It said the delegation had to be controlled more tightly than in the bill.
