The New Zealand Intelligence and Security Bill 2016 is expected to have its first reading in Parliament today and New Zealanders will start to better understand the implications of the legislation.
The Bill is the Government's response to the first independent review of intelligence and security presented to Parliament earlier this year by Sir Michael Cullen and Dame Patsy Reddy. Prime Minister John Key says at the heart of the Bill is the protection of New Zealanders at home and abroad.
It is vital the agencies operate under legislation which enables them to be effective in an increasingly complex security environment when the world is being confronted by growing numbers of cyber threats and the rise of terrorist groups.
The review contains 107 recommendations and proposes a single piece of legislation to cover both agencies. The most controversial recommendation is to allow the GCSB to spy on New Zealanders.
It breaks a longstanding split between the SIS and GCSB under which the GCSB could only spy on foreigners and the SIS on New Zealanders.
Under the new legislation, the GCSB will be able to monitor New Zealanders but with strict safeguards.
There will be a need for a so-called triple-lock warrant - a warrant not only from the Commissioner of Intelligence Warrants and from the Minister in Charge of SIS and GCSB but also with review from the Inspector-general of Intelligence and Security.
The report by Sir Michael and Dame Patsy recommended more intrusive activity or targeting New Zealanders would need Tier 1 authorisation.
There are genuine concerns the triple-lock warrant may be overridden if it is decided New Zealanders' lives are at stake. And the threat of whistle-blowing legislation, including penalties for people releasing information publicly, is off-putting.
A new offence will be created for people who hold a government security clearance, or those given access to classified information, who wrongfully communicate, retain or copy it.
Intelligence agency employees who encounter evidence of wrong-doing can make a protected disclosure to the Inspector-general of Intelligence and Security.
But if they give information to others or the media they face a prison sentence of up to five years in jail. New Zealanders do not and should not accept their privacy being breached because of a perceived threat.
The protections of privacy must be a part of the legislation. However, the global geopolitical situation is such that it is only time which separates New Zealand from the rest of the world and terrorist attacks.
Bombings in Thailand are only the latest examples of the threats New Zealanders face as they consider future travel plans. It is just as likely a misguided individual in New Zealand will eventually unleash an attack beyond comprehension.
The spy agencies need the ability to monitor the communications of individuals suspected of evil intent.
Mr Key is keen to get broad political support for the legislation. The Green Party will not support the legislation. The Greens are concerned the GCSB will be rewarded with new powers after having been found illegally spying on New Zealanders for the past nine years.
The party remains unconvinced an agency, which has made so many serious errors of judgement in the past, can be relied upon to respect New Zealanders' right to privacy with expanded powers.
Labour is supporting the Bill through its first reading in good faith the changes regarding the protections for personal information suggested by the review are included in the legislation.
Other parties are yet to show their hand but there will be expectations of changes they want introduced to guarantee support. It is important the public get involved in the wider debate and not leave the issues to be only dealt with by a parliamentary select committee.
The law needs to provide a balance between security and privacy rights.
