Illegal spying in New Zealand

“You have reached the office of Planet Key. All our agents are busy undermining your rights and selling your assets. Goodbye.”

Kim Dotcom

Illegal Dotcom spying

The Council for Civil Liberties wants a review of the the Government's spy agency after it unlawfully intercepted communications to help police investigating the case against Kim Dotcom.

Radio NZ,

25 September, 2012

The Government Communications Security Bureau is being investigated for illegally spying on the co-founder of the Megaupload website, who faces copyright charges brought by the US authorities.

Prime Minister John Key says the Crown has filed a memorandum in the High Court in the Dotcom case, advising the court and affected parties the GCSB acted unlawfully while assisting police to locate certain individuals subject to arrest warrants issued in the case.

The Council for Civil Liberties says it is concerned this information only came to light from inspection of court documents and wants an investigation.

Spokesperson Thomas Beagle says it raises the question of how many other cases there have been of inappropriate spying on New Zealand people. "It needs possibly better oversight of the GCSB to make sure they're honouring their legal requirements."

The GCSB's role is to provide foreign intelligence to Government and it is not permitted to intercept communications of citizens or residents.

Lawyers for Mr Dotcom and co-accused Bram van der Kolk say it's illegal for the bureau to spy on them because they are New Zealand residents.

Mr Key ordered an inquiry by the Inspector-General of Intelligence and Security, Paul Nazor. Crown Law Office has confirmed a hearing will take place on Wednesday but will not reveal any information about it.

GCSB officials pandering to US, says opposition

The Green Party says officials probably broke the law because they were so keen to please the US government.

Co-leader Russel Norman says GCSB officials would have been influenced by the attitude of the Government, which appears to want to give the US whatever it wants.

New Zealand First leader Winston Peters says it is possible there was some pressure applied by the US, but that is no reason for a critical Government agency to have gone along with it or made a mistake

.

Mr Key says he doesn't believe it was a result of officials trying to curry favour with the Americans, but says he will have to wait for the full report.

"GCSB are a thoroughly professional organisation in my view and I've never had an experience in four years where they've made a mistake

"The cause of that error is something I would want to get full advice on before I started to apportion blame."

The agency shares its information with four overseas countries, including the United States.

Information 'unlikely to be disclosed'
 

Mr Dotcom is continuing efforts to get the US authorities to disclose evidence against him and his co-accused.

He is facing copyright, money laundering and fraud charges in the United States. Mr Dotcom and three co-accused were arrested in Auckland in January and US authorities lodged papers seeking their extradition in March.

A human rights academic says information obtained illegally in New Zealand may already be with the US authorities but Mr Dotcom he may never get to see it.

Auckland University associate professor Stephen Hoadley says it is not likely to be disclosed to Mr Dotcom, in order to stop him seeing other top secret information.

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Although they have slightly different interpretations it is worth listening to these two.

Paul Buchanan formerly worked for the US State Department but is now based in New Zealand and one of the foremost commentators on intelligence matters.

Nicky Hager is simply one of our best (only) investtigative reporters who has helped to throw light on the spy organisation and the actions of the NZ military in Afghanistan.

Throwing light on the spies

With Paul Buchanan - Security and Intelligence Analyst, and Nicky Hager - Investigative Journalist and Author, whose 1996 book "Secret Power - New Zealand's role in the international spy network" detailed the surveillance system, ECHELON, used at the Waihopai spy base, and the role of the Government Communications Security Bureau (GCSB).