- 73/ ?33 3 yin: 5 Cr: Mgr: - necessitate a 7 5. 23 wet 20vii-ti ?Inuv I ?It55.5195 an: A 1.. a I: It? at" 5-5.: a hq?t?wLJI'uIU G) in i? esteem .. .. .- - - New Zealand . 'l?e Ila ha Briefing note Date 30June 201? To Hon Christopher Finlayson, Minister in From Rebecca Kitteridge, Director of Security For your information Visual surveillance warrants aild'i'ti'rge'nt authdiijisiat-ions Purpose 1? This note advises you king a visual surveillance warrant or operating under an September 2017, when the intelligence and Security ful?ls-after Background 2. As part of Forejgi --Fighters legislation, amendments were made to the New Act) with effect from ?12 December The lo of visual surveillance warrants to detect, invesrigate; wruprev?nt a terrorist actand for urgent authorisations granted by the Director. The quject to a s?'nset clause, with a rEpeal date of"! April 2017. 3 Although the -r]emzpirogis'ions provided critical new powers, they have been rarely USEdSince 12 Deicenilggr?:2014 have approved one urgent authorisation and only four have issued. With effect 28 September 2017 the SA will continue to enable the provision of intelligence warrants and urgent authorisations). The extends powes . ..avisEi'al surveillance from CT purposes only to more general surveillance powers in rgsibec? -. a person, place, thing (or class or') as authorised under an intelligence warrant, also itith effect from 23 September 2017. . - m. Sections 4lD-L'ilG, AC1 Nit-Leta- (p.213 Lac? CL ?3.ij Jo - Page of 2 E. ?H-teu" . ilk/Lt? cad-:5? RD .3 x?l?l?il'i an!" Alt . w. . . .J 4 w. striptease 23 are 20interim situation 5. With the repeal of sections 4iD~4lG of the NZSIS Act on 1 April 201?, the N2515 no longer has the power to appiy for a visual suaveillance warrant or to utilise the urgent authorisation powers until the relevant provisions of the take effect on 28 September 2017. 6. Although some provisions of the SA came into force on 1 April 2017 and PaSSport Act provisions}, the relevant provisions empowering NESIS to conti?u Countering Foreign Fighters legislation did not. This does not appear to have been: decision but rather a drafting oversight. 7? The powers that have lapsed have been used sparingly, and we h'Sipegthey will not be required operationally before 28 September 2017. We are not seeiting a legislative solution in the meantime. Rather, NZSIS will seek any warranted usual mannegan in situations of urgency will look to use alternative Ministers? where-seeither Commissioner of Security Warrants is unavailable. 8. iwould be happy to discuss this issue with igelow ?halide/s2 Rebecca Kitteridge Director of Security Noted I Diydss l/ Hon Christopher Finiayson Minister in Charge of NZSIS Date: :2 "243/? {wig-j . . 1m lift it peanut/kl lfv't?i'lr'i fifty; flJ/liwiETsz/?rg EM. 3 Umltj ?eitai?utml ill/1t (par rota/r wt EOE/lewd [r 0010.; mail A Mfg-?- fix/?1 Page 2 012 DEE: LhS?fdi: EIED '23 APR 20i3 New Zealand Secut ity Intelligence Service ?10 Pa Who kamnruma r11 Briefing note Date 6July 2017 To Hon Christopher Flnlayson, Minister In From Rebecca Kitteridge, Director of Security I I For your information urgent powers (qu2w ea: In, Visual surveillance warrants and urgent Purpose Further to my note of meeting-virithyou on Monday, 3 July 2017, I outiine below additional detaii :clmo the ovc r510! means that visual suaveiilance warrants or urgent authmisafio I vill-ISe unavailable the NZSIS until the Intelligence and Secu: ity Act 7 ISA) taltes on 28 September 2017 Background 2. As part of the Countering Fighters iegislation amendments were made to the New Intelligence SEIVICE (NZSIS ct) with efrec: from 12 December 2014' The ?mendments provided issuance of visuai surveillance warrants to detect, Investigati: pievent a terrorist aIIct __anId for urgent authorisations granted by the Director The amendments were SUDJECE to a sunset clause, with a repeal date of?: Wm il 2017. With effect Iiom 2017 the will continue to enable the provision of warrants and urgent authorisations). The extends of visual. surveillance from CT purposes oniy to more general surveillance powers in aspect or a person, piece, thing (or class of) as authorised under an intelligence warrant, also with effeet ?jgni 28 Septembel 2017 period until 2? September 2017 NZSIS is unable to seek either a You have asi ted how tnis oversight CICCUIFGCI. A review of the Cabinet papeIs gecomunIs this was not a poiicy decision but an ovezsight. The Cabinet papers proposed the SECtions ?Ito-4K3. NZSIS Act ?Minimal th I ., . 'thruuruwu In II i Ina-w nuu i ?nib ?a Page I of 2 ED 23 AER 23:3 con?rmation of the Countering Terrorist Fighters iegisiative amendments The specdic recommendations as to commencement and transitional prowsrons, however, iocussed solely on the Passports Act 1992 and the Customs and Excise Act 1996 GT provisions. The omission of any reference to the Act provisions within the transitional recommendations was carried over into the drafting instructions prepared by DPMC. NZSES did not identify the probiem until recently. Hr?nw?npnm?n W: 1.1.37 5 Allh MU 6. Accordingly this was nor a drafting error but an oversight arising within the Cabinet recommendations and drafting instructions. Operational approach As discussed NZSIS rs not sees/inc a legisiative solution NZSIS legislative :ramewm it available until 28 September 20 [7 the I 8? i would he happyto discuss ?this issue with you further. igeiaectac [dailies-nu; digit: (3 Rebecca Kitteridge Director of Security I confirm and support the 10er Beagiehoie Director No -ci I Discuss Hon Christopher Finlayson Minister in Charge or' NZSES Date: 000ng ,Z?O?jle . . ?wit-A ?43: ?412: '53 Page 2 of 2