NZSIS Role in Mr Kim Dotcom Case

Friday 26 October 2012

There has been some speculation about what, if any role, the NZSIS has played in the Kim Dotcom investigation.

The NZSIS has not contributed to the Police or FBI investigation in any way. The NZSIS’ role was limited to conducting routine immigration inquiries in 2010 to determine whether Mr Dotcom’s residence application raised any matters relevant to security. In response to these routine inquiries, the FBI expressed an interest in working with the NZ Police to investigate Mr Dotcom and Megaupload. The NZSIS advised the NZ Police of FBI’s interest in conducting a joint investigation in October 2010. The NZSIS has not been involved in the subsequent investigation in any way. It has neither sought nor obtained any warrants, nor has it undertaken any interception or other types of surveillance in respect of Mr Dotcom (or his associates).

In respect of the immigration application, the NZSIS advised Immigration New Zealand Mr Dotcom’s application did not raise any matters relevant to security. NZSIS did advise Immigration New Zealand that FBI were seeking the assistance of the NZ Police to conduct an investigation.

By way of context, NZSIS has a statutory function:

"to make recommendations in respect of matters to be decided under the Citizenship Act 1977 or the Immigration Act 2009, to the extent that those matters are relevant to security"

(NZSIS Act, S4 (1) (bc)).

During 2010, NZSIS responded to approximately 4000 such requests from Immigration New Zealand.