John Banks’ amendment – principles underpinning GCSB functions

An amendment initiated by John Banks adds human rights requirements plus democratic and political oversight to the GCSB Bill.

8CA Principles underpinning performance of Bureau’s functions

(1) In performing its functions under this Act, the Bureau acts—

(a) in accordance with New Zealand law and all human rights standards recognised by New Zealand law, except to the extent that they are, in relation to national security, modified by an enactment:
(b) in the discharge of its operational functions, independently and impartially:
(c) with integrity and professionalism:
(d) in a manner that facilitates effective democratic oversight.

(3) The Director must take all reasonable steps to ensure that—

(a) the activities of the Bureau are limited to those that are relevant to the discharge of its functions:
(b) the Bureau is kept free from any influence or consideration that is not relevant to its functions:
(c) the Bureau does not take any action for the purpose of furthering or harming the interests of any political party in New Zealand.

(4) The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to the Bureau’s functions under sections 8A to 8C..

3 (c) and 4 provide for limits to the GCSB being used politically and provides for consultation with the Leader of the Opposition.