The review was to determine whether improvements could be made to the Intelligence and Security Act 2017 (the Act) to ensure it continues to be effective, clear and fit for purpose.
The review also considered relevant issues and recommendations raised in the Report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019.
The review’s full Terms of Reference can be found here.
Section 235 of the Act requires that the Act and the intelligence and security agencies – the New Zealand Security Intelligence Service (NZSIS) and the Government Communications Security Bureau (GCSB) – be reviewed every five to seven years. The Act was due to be reviewed from September 2022, but the review was brought forward in response to issues raised by the Royal Commission.
You can access the review report - Taumaru: Protecting Aotearoa New Zealand as a Free, Open and Democratic Society - on the Parliament website here(external link).
The Royal Commission made specific recommendations to strengthen our intelligence and security legislation, these being:
The Department of the Prime Minister and Cabinet is considering the Royal Commission’s recommendation to establish a new national intelligence and security agency as part of its review of the overarching national security policy settings. The reviewers of the Intelligence and Security Act took note of that work as it developed during their review.
The review was carried out by two reviewers, the Hon Sir Terence Arnold KNZM and Matanuku Mahuika. Dr Penelope Ridings MNZM was a special advisor to the review.
More information on the reviewers and special advisor can be found here.
The Prime Minister appointed the reviewers and set the review’s terms of reference, in consultation with the Intelligence and Security Committee, a statutory committee made up of members of Parliament.
The Ministry of Justice provided the secretariat and other support to the reviewers and special advisor. Public engagement was conducted through the Ministry of Justice, including on its consultation hub.
In March 2016, Sir Michael Cullen and Dame Patsy Reddy presented findings from their review of intelligence and security in New Zealand to Parliament. The Government accepted most of the recommendations and this resulted in the passage of the Intelligence and Security Act 2017, which put in place a single legislative regime for the NZSIS, GCSB, the Inspector-General of Intelligence and Security and the Intelligence and Security Committee.
This 2022 review was not intended to replicate the scope of the 2016 review, or be a first principles review of the Act. The intent of this review was to understand what improvements needed to be made, if any, so that the Act is clear, effective and fit for purpose, as well as considering the relevant matters raised by the Royal Commission’s report.
This review had particular regard to:
The Act was amended in 2021 so the review could begin sooner than the original statutory timeframe.
The review met the Government’s Protective Security Requirements for the handling of classified information. Security clearances were confirmed for the independent reviewers and special advisor.
On 2 March 2022, the Prime Minister notified in the New Zealand Gazette the appointment of Hon Sir Terence Arnold KNZM and Matanuku Mahuika to carry out the review, and the appointment of Dr Penelope Ridings MNZM as a special advisor to the review. The terms of reference were also notified.
From April-July 2022, the review carried out a comprehensive literature review and had preliminary meetings with the intelligence and security agencies and other government and non-government stakeholders, with a view to prepare for public engagement on specific topic areas.
The reviewers sought public submissions for the review from August-September 2022. This included a public survey seeking views on the extent of the agencies' powers, limits and controls on agencies, and public participation.
Drawing on their research and meetings with agencies, targeted stakeholders and public engagement, the reviewers prepared their report which was delivered to the Intelligence and Security Committee in January 2023.
The purpose of the public engagement was to:
The review received 119 completed submissions on its online survey, and 22 written submissions. The responses provided valuable insight into peoples’ views on the Act, perceived issues with the Act and possible legislative solutions.
You can find out more about the public engagement process and read a summary of the findings from the public engagement survey by reading the ISA review's Public Engagement Report [PDF, 323 KB].
The report was delivered to the Intelligence and Security Committee on 31 January 2023.
The Committee considered the report and presented it to the House of Representatives on 29 May 2023.
The Government will consider the report's recommendations and issue a formal response in due course. The Department of the Prime Minister and Cabinet (DPMC) is responsible for administering the Act and supporting the Government's response to the report.