17 June 2022
Scott
[FYI request #19316 email]
Ref: OIA-2021/22-1335
Dear Scott
Official Information Act request relating to Submissions on Publicly Available
Information and Overseas Cooperation NZSIS-GCSB Ministerial Policy Statements
Thank you for your Official Information Act 1982 (the Act) request received on 11 May 2022.
You requested:
I would like to make a request relating to the recent reissue of the Publicly Available
Information and Overseas Cooperation NZSIS-GCSB Ministerial Policy Statements.
For the reissue of the Publicly Available Information MPS I would like to request copies
of all submissions received, and DPMC’s responses to these submissions, from:
Inspector General of Intelligence and Security Government Chief Privacy Officer
Ministry of Justice New Zealand Police Office of the Privacy Commissioner
For the reissue of the Overseas Cooperation MPS I would like to request copies of all
submissions received, and DPMC’s responses to these submissions, from:
Inspector General of Intelligence and Security Ministry of Justice Office of the Privacy
Commissioner Human Rights Commission Ministry of Foreign Affairs and Trade New
Zealand Defence Force Ministry of Defence New Zealand Customs Service”
The time frame for responding to your request was extended under section 15A of the Act by
15 working days because consultation was needed before a decision could be made on the
request. Following this extension, I am now in a position to respond.
Ministerial Policy Statement Reissue Process
Ministerial Policy Statements are an important tool to strengthen oversight and increase
transparency of the Government Communications Security Bureau (GCSB) and the
New Zealand Security Intelligence Service (NZSIS). They are issued by the Minister
responsible for the GCSB and NZSIS to ensure the agencies have clear guidance about how
they carry out their lawful activities. The Intelligence and Security Act 2017 requires the
Ministerial Policy Statements to be reviewed and reissued every three years.
The process for reviewing the Ministerial Policy Statements is led by the Department of the
Prime Minister of Cabinet. The review is an iterative process which involves discussions with
several appropriate agencies resulting in the refinement and creation of draft Ministerial
Policy Statements.
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
4549258
64 4 817 9698 www.dpmc.govt.nz
The substantive submissions received by DPMC on the review of the Publicly Available
Information and the Cooperating with Overseas Public Authorities Ministerial Policy
Statements is provided in attachment A. This table encompasses feedback received via letter
and email, plus a best recollection of phone conversations and meetings.
Information being released
I have decided to release in
attachment A a summary of submissions received on the
‘Publicly Available Information’ and ‘Overseas Cooperation’ Ministerial Policy Statements.
Additionally, I have also provided the Department of the Prime Minister and Cabinet’s
response to those submissions.
Some parts of attachment A have been withheld as noted. The relevant grounds under which
information has been withheld are:
• section 6(c), to protect the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a fair trial, and
• section 9(2)(h), to maintain legal professional privilege.
Additionally, I am releasing in full a letter received from the Human Rights Commission dated
22 September 2020.
In making my decision, I have taken the public interest considerations in section 9(1) of the
Act into account.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response will be published on the Department of the Prime Minister and Cabinet’s
website during our regular publication cycle. Typically, information is released monthly, or as
otherwise determined. Your personal information including name and contact details will be
removed for publication.
Yours sincerely
Nicky Eaton
Acting Deputy Chief Executive
National Security Group
4549258
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