Oversight

We are subject to robust oversight to assure the New Zealand public that we are acting responsibly and lawfully.

We are subject to robust oversight to assure the New Zealand public that we are acting responsibly and lawfully, including complying with all human rights obligations recognised by New Zealand law.

The Minister responsible for the NZSIS and the following independent bodies provide oversight of us:

  • The Commissioners of Intelligence Warrants
  • The Inspector-General of Intelligence and Security
  • The Intelligence and Security Committee
  • The Auditor-General
  • The Privacy Commissioner
  • The Ombudsman
  • The Judiciary.

 

The Governor-General, on the recommendation of the Prime Minister, appoints a Chief Commissioner of Intelligence Warrants and can appoint up to two additional Commissioners of Intelligence Warrants. Commissioners must have previously held office as a Judge of the High Court and are appointed for a term of three years.

Commissioners apply their significant judicial experience, ensuring robust scrutiny is applied to their areas of responsibility.

The functions of the Commissioners include considering applications for:

  • Any warrant that relates to a New Zealander, jointly with the Minister responsible for the NZSIS
  • Practice warrants, which enable us to carry out activities that are necessary to test, maintain and develop our capabilities or train our staff
  • Access to restricted information, which is certain defined categories of information that are subject to strict statutory restrictions, e.g. some information subject to secrecy obligations under tax legislation
  • Business records approval, which enable the Director-General of Security to issue business records directions to obtain certain basic information from telecommunications or financial service providers.

The current Commissioners of Intelligence Warrants are:

Chief Commissioner: Hon Sir Bruce J Robertson
Commissioner:  Hon Robert Dobson KC
Commissioner: Hon Karen Clark KC

The Inspector-General of Intelligence and Security (IGIS) is a statutory officer providing external oversight of the NZSIS, as well as the GCSB. The IGIS is responsible for reviewing issues of legality and propriety and provides an independent determination of complaints about our conduct. The IGIS also reviews our compliance procedures and systems. The IGIS reviews all of our warrants after they are issued.

The IGIS has free and direct access to our systems, records and information. We recognise the importance of the IGIS’s role and work co-operatively to respond to requests and recommendations.

IGIS reports can be found on the Office of the IGIS website(external link).

The current Inspector-General is Brendan Horsley.

For more details on the role of the IGIS, see Part 6 of the Intelligence and Security Act 2017(external link).

The Intelligence and Security Committee (ISC) is a parliamentary body. Its functions include examining the policy, administration, and expenditure of the NZSIS. It may also ask the IGIS to conduct an inquiry into any matter relating to our compliance with the law or the propriety of particular activities.

The ISC has seven members, including the Prime Minister, three members of Parliament nominated by the Prime Minister, the Leader of the Opposition, and two members of Parliament nominated by the Leader of the Opposition.