How New Zealand manages its security and intelligence agencies

The Government Communications Security Bureau

Online at http://www.gcsb.govt.nz

Dr Warren Tucker Director of GCSB

An overview

In common with most other nations, New Zealand needs the widest possible sources of intelligence to support its defence, trade and international policies. New Zealand also needs to make sure that its own classified and sensitive information is protected from unauthorised access and exploitation.

These needs are not new. In fact, government approval to establish a New Zealand signals intelligence capability was first given more than 60 years ago in 1938. During the Second World War, New Zealand operated a number of signals intelligence units within New Zealand and the South Pacific. In the early days, signals intelligence was a job for the New Zealand Post Office and the Armed Forces.

For more than 20 years from the mid 1950s, a Defence unit called the New Zealand Combined Signals Organisation operated a HF (high frequency) radio interception station at the land-based naval establishment, HMNZS Irirangi, near Waiouru.

The Combined Signals Organisation was replaced by the current signals intelligence agency - the Government Communications Security Bureau (GCSB) - in 1977. The GCSB was set up as a civilian organisation within Defence by the then Prime Minister, The Rt Hon R D Muldoon. In 1982, the GCSB consolidated its radio-interception capability at Tangimoana, near Bulls.

In 1989, the GCSB became a separate entity, with its chief executive reporting directly to the Prime Minister. In that same year, the GCSB opened its satellite communications interception station at Waihopai, near Blenheim.

The Job of the GCSB

The GCSB's job is to contribute to the national security of New Zealand through the collection and reporting of foreign signals intelligence in response to New Zealand's foreign intelligence requirements. It also gives advice and assistance to New Zealand government departments and agencies on the security of information-processing systems.

GCSB's satellite communications interception station at Waihopai, near Blenheim.

GCSB's radio communications interception station at Tangimoana, near Bulls.

The signals intelligence is obtained from a variety of foreign communications and other non-communications signals, such as radar. The GCSB not only intercepts the signals, it also processes, decrypts or decodes and/or translates the information the signals contain before passing it on as a report to the appropriate Minister or government department. GCSB does not assess the information it collects. That job is undertaken by the EAB, DDIS and other organisations.

The GCSB provides advice and assistance to government departments and agencies on the security of their communications and information technology systems. It advises on the protection of government premises in New Zealand and overseas from eavesdropping, and other forms of technical attack, more commonly referred to as "bugging".

In the same way as the SIS, the GCSB is a civilian organisation. The Director of the GCSB reports directly to the Minister in charge of the GCSB, traditionally the Prime Minister. The current Director, Dr Warren Tucker, is a professional engineer. Dr Tucker began his career with the GCSB in 1982. From 1996 to 1999, he was the Intelligence Coordinator in the Department of the Prime Minister and Cabinet before taking up his present position at the end of 1999.

The GCSB's head office is in the Freyberg Building in Aitken Street, Wellington. It has two collection, or interception, stations: the high frequency radio interception and direction-finding station at Tangimoana, and the satellite communications interception station at Waihopai. Its current annual budget is around $20 million.

It has approximately 220 staff ranging from foreign-language experts and communications and cryptography (code) specialists to engineers, technicians and support staff. Cryptography is a highly specialised task demanding skills in mathematics and computer science.

The operation of the GCSB is directed solely by the New Zealand Government. It is, however, a member of a long-standing collaborative international partnership for the exchange of foreign intelligence and the sharing of communications security technology.

The other members of the partnership are the USA's National Security Agency (NSA), the UK's Government Communications Headquarters (GCHQ ), Australia's Defence Signals Directorate (DSD), and Canada's Communications Security Establishment (CSE). New Zealand gains considerable benefit from this arrangement, as it would be impossible for New Zealand to generate the effectiveness of the five nation partnership on its own.

Legislative Status for the GCSB

Unlike the SIS, the GCSB does not have its own Act of Parliament. This anomaly has been addressed with the recent introduction of the Government Communications Security Bureau Bill.

This Bill will define the functions of the GCSB and make better provision for both its administration and the conduct of its operational activities. The Bill will emphasise that the GCSB's signals intelligence functions are to be focused on meeting the government's foreign intelligence needs. The primary objectives of the legislation will be to:

• formalise in statute the existing executive arrangements that establish the GCSB and authorise its activities
  
• achieve legislative consistency with the provisions for the SIS as outlined in the New Zealand Security Intelligence Service Act 1969, including that Act's amendments.
  

The Bill will define the GCSB's principal functions in a technology-neutral manner. This means the legislation will not have to be continually updated to meet the demands of fast-changing telecommunications technology. In addition to the comprehensive description of the GCSB's functions, the Bill will have provisions relating to:

• the formal establishment of GCSB as a statutory agency of government
  
  
• the appointment, functions and powers of the Director of the GCSB
  
  
• the issue of interception warrants
  
  
• consistency with other legislation.
  
  

The Inspector-General of Intelligence and Security

While the GCSB may not have its own Act yet, it is still subject to the same statutory and governmental oversight as the SIS.

In his annual report of the year ending June 1999, the Inspector-General noted:

New Zealand's signals intelligence collection facilities are managed and controlled by GCSB alone for the principal purpose of meeting New Zealand's foreign intelligence needs. The facilities are useful to and are accessible by the intelligence agencies of New Zealand's intelligence partners. Access to the facilities and to the intelligence material collected is at all times under the control and supervision of GCSB.

Care is taken to ensure that private communications of New Zealand citizens are not intercepted and are not available to the intelligence partners.

There is a substantial balance in favour of New Zealand and its intelligence requirements in the collaboration and sharing of information and intelligence between the partners.

The cooperation between the GCSB and its intelligence partners, both in its procedures and operations, adequately protects the privacy interests of New Zealand persons and entities and is beneficial to New Zealand's national and international interests.¹⁴

The Inspector-General reported that, in his view, the GCSB did not act as a vacuum cleaner, indiscriminately intercepting unimaginably vast quantities of communications, including those of New Zealand citizens as some have alleged. He wrote:

I am sure that the GCSB operations have no adverse or improper impact on the privacy or personal security of New Zealand citizens. I am satisfied too, that our intelligence partners are as concerned about the privacy and security of New Zealand citizens as their own.¹⁵