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| Richard Woods Director of Security |
In 2006, the SIS will celebrate 50 years of operation. It was founded in 1956 as the New Zealand Security Service. Up until that point, apart from a brief period during the Second World War, national security had been handled by the Special Branch of the New Zealand Police. The Government at that time decided to create a stand-alone body on the recommendation of the Commissioner of Police who believed that it would be better if security and intelligence work was handled by a separate agency.
For 13 years the Service operated under an Order-in-Council. In 1969, Parliament passed the New Zealand Security Intelligence Service Act and gave the SIS a legislative base. Over the past 30 years this Act has been amended four times, most recently twice in 1999. Today, the SIS operates from its head office in Defence House in Stout Street, Wellington and from small regional offices in Christchurch and Auckland. It has a total staff of about 115 and a current annual operating budget of $11.5 million.
The head of the SIS, the Director of Security, is appointed by the Governor-General and is responsible to the Minister in charge of the SIS. Traditionally, the Prime Minister has taken on that responsibility. The current director, Richard Woods, is a former diplomat with the Ministry of Foreign Affairs and Trade.
The SIS is a civilian organisation. Most importantly, its officers have no police powers - such as the power of arrest or the authority to enforce the law. SIS intelligence officers are likely to be university graduates and they usually follow a career path that involves periods as collectors and analysts of information. Other staff are employed in support or specialist capacities that require legal, computer science, engineering, electronic, financial, or administration skills.
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The Definition of Security
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| The headquarters of the New Zealand Security Intelligence Service is in Defence House in Wellington. |
The definition of security in the New Zealand Security Intelligence Service Act provides a legislative framework for the SIS's job. The Act defines security as:
The first and third parts of the definition cover the traditional work of
the SIS. They also allow it to look at newer emerging threats, such as the
proliferation of weapons of mass destruction and aspects of organised crime,
including money-laundering activities.
The second part of the definition enables the SIS to collect and distribute intelligence about the activities and intentions of foreign organisations and persons which may affect New Zealand. It does this in accordance with the requirements and priorities established by the Foreign Intelligence Requirements Committee, a subordinate committee of the Officials Committee for Domestic and External Security Coordination.
The Job of the SIS
The job of the SIS is to gather information related to New Zealand's security, assess its significance and advise the government accordingly. It also gives advice to government agencies on managing their own security, including undertaking the security vetting of staff.
Under the Act, the SIS shall:
It is equally important to be aware of what the Act does not allow the SIS
to do. The SIS may not:
The SIS must be politically neutral. The following requirements reinforce that
position:
Interception Warrants
An important part of the SIS's job is to gather secret intelligence; secret in that the holders of the information would prefer that lawful authorities - such as the New Zealand Government - were unaware of the content of that information.
To obtain that information, there are times when the SIS needs to use methods to intercept private communications that are intrusive and infringe upon the right of citizens to privacy. These methods can be used only after an interception warrant has been granted.
To obtain the warrant, the Director of Security must demonstrate to the Minister
in charge that the:
The Minister in charge of the SIS is required to consult with the Minister
of Foreign Affairs and Trade before issuing a warrant to obtain information
about foreign capabilities, intentions or activities.
If a New Zealand citizen or permanent resident is the subject of an interception warrant, then the Act demands that the warrant is jointly issued by the Minister in charge of the SIS and the Commissioner of Security Warrants. The Commissioner has the opportunity and the time to undertake a rigorous examination of the warrant application before considering the application jointly with the Minister in charge.
The Commissioner of Security Warrants is statutorily required to be a retired High Court Judge and must act independently in carrying out their duties. Their office is in the Department of the Prime Minister and Cabinet. As required, the Commissioner attends the offices of the SIS and examines files and consults with the Director and the SIS's officers.
In his annual report for the year ending June 1999, the Inspector-General of Intelligence and Security noted:
The fact that there are very few complaints and little need for any inquiry into the activities of the New Zealand Security Intelligence Service [or the Government Communications Security Bureau] indicates, I believe, that the performance of their activities does not impinge adversely on New Zealand citizens.13