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Intelligence and Security (Review) Amendment Bill (Consistent) [2021] NZBORARp 31 (30 April 2021)
Last Updated: 15 June 2021
30 April 2021
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Intelligence and
Security (Review) Amendment Bill
Purpose
- We
have considered whether the Intelligence and Security (Review) Amendment Bill
(the Bill) is consistent with the rights and freedoms
affirmed in the New
Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
- We
have not yet received a final version of the Bill. This advice has been prepared
in relation to the latest version of the Bill
(PCO 23550/1.1). We will provide
you with further advice if the final version includes amendments that affect the
conclusions in
this advice.
The Bill
- The
Bill amends s 235 of the Intelligence and Security Act 2017 (the principal Act)
to bring forward a statutorily required review
of the intelligence and security
agencies and the principal Act.
- The
current requirement is that the review be commenced as soon as practicable after
28 September 2022. Instead of the current review
timing, the amendment requires
the review to be commenced as soon as practicable on or after 1 July 2021.
- This
will allow the issues with the principal Act that were raised in the Report of
the Royal Commission of Inquiry into the terrorist
attack on Christchurch
masjidain to be addressed as soon as possible in a review of the principal Act
and relevant agencies.
- The
Prime Minister is required to consult with the Intelligence and Security
Committee, then set the terms of reference and deadline
for the review and
appoint 2 reviewers with appropriate security clearance. The reviewers must
report back to the Intelligence and
Security Committee, which must then report
back to Parliament.
Conclusion
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
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