Joint Policy Statement - Management of Human Rights Risks in Overseas Cooperation

Scott made this Official Information request to Government Communications Security Bureau

The request was successful.

From: Scott

Dear Government Communications Security Bureau,

I would like to make a request for a copy of the following NZSIS-GCSB Joint Policy Statement:

Joint Policy Statement - Management of Human Rights Risks in Overseas Cooperation

My request is for the current version of the JPS which I understand was issued last December.

My preference under section 16(1) of the OIA is for a copy of the document, as opposed to the summary published here on the GCSB website:

https://www.gcsb.govt.nz/assets/GCSB-Pro...

As you will be aware the 2017 Human Rights Risk Management JPS (version 1.0) was released to me last November as a copy of the document:

https://www.documentcloud.org/documents/...

This strongly argues for the release of 2021 version in the same format.

Yours faithfully,

Scott

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From: Information (GCSB)
Government Communications Security Bureau

Tēnā koe Scott,

Thank you for your Official Information Act request.

We will endeavour to respond to your request as soon as possible and, in any event, no later than 20 working days after the day that your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

If you have any queries, please feel free to contact [GCSB request email].

Ngā mihi,
GCSB/NZSIS

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From: Information (GCSB)
Government Communications Security Bureau

Kia ora Scott,

 

We are writing to advise you of a decision in relation to this request.
Your request for a copy of the Joint Policy Statement - Management of
Human Rights Risks in Overseas Cooperation is refused under section 6(a)
of the OIA, as release of the information would be likely to prejudice the
security or defence of New Zealand.

 

A formal response letter detailing our decision is currently going through
sign-off and will be sent in due course.

 

If you wish to discuss this response with us, please feel free to contact
[1][GCSB request email].  You have the right to seek an investigation
and review by the Ombudsman of this decision.  Information about how to
make a complaint is available at [2]www.ombudsman.parliament.nz or
freephone 0800 802 602. 

 

Kind regards

GCSB and NZSIS

 

 

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From: Scott

Dear GCSB and NZSIS,

It is disappointing that your agencies have decided to withhold this document in my preferred format. Although you have told me that a full decision letter is forthcoming, it is difficult for me to imagine how one version of this document could be released with almost none of its 21 pages withheld, while another version must be reduced to a 2 page summary. I intend to ask the office of the Ombudsman to review your decision on this basis.

Relevant GCSB and NZSIS staff will be aware that the office of the IGIS and Human Rights Commission have expressed their preference that this JPS be made public, the former in their latest Annual Report and the latter in their engagement with DPMC during the MPS refresh. It is disappointing that NZSIS and GCSB have decided to only release this JPS in a format that is inadequate for the public oversight these bodies clearly intended.

The view of the IGIS is particularly relevant, as I believe they only would have made this suggestion if they thought the JPS could be published without prejudice to security. I intend to ask the office of the Ombudsman to factor in the view of the IGIS into their review of your decision.

In the meantime, I would like to make the following request:

ONE: I would like to request copies of all records of the engagements between GCSB and NZSIS and the Office of the IGIS on the revision of the Human Rights Risks in Overseas Cooperation JPS, including all IGIS comments on the revision and GCSB and NZSIS' responses to these comments.

TWO: If NZSIS and GCSB had engagements with any other agency on the revision of the Human Rights Risks in Overseas Cooperation JPS, I would like to request copies of all records of these engagements also.

Yours sincerely,

Scott

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From: Information (GCSB)
Government Communications Security Bureau

Tēnā koe,

 

Thank you for your Official Information Act request for the following
information:

ONE: I would like to request copies of all records of the engagements
between GCSB and NZSIS and the Office of the IGIS on the revision of the
Human Rights Risks in Overseas Cooperation JPS, including all IGIS
comments on the revision and GCSB and NZSIS' responses to these comments.

TWO: If NZSIS and GCSB had engagements with any other agency on the
revision of the Human Rights Risks in Overseas Cooperation JPS, I would
like to request copies of all records of these engagements also.

 

We will endeavour to respond to your request as soon as possible and, in
any event, no later than 20 working days after the day that your request
was received.  If we are unable to respond to your request by then, we
will notify you of an extension of that timeframe.

 

If you have any queries, please feel free to contact
[GCSB request email].

 

Ngā mihi,

GCSB and NZSIS

 

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From: Information (GCSB)
Government Communications Security Bureau


Attachment 2022 08 18 OIA response Scott.pdf
352K Download View as HTML


Kia ora Scott,

 

Please find attached a joint response to your OIA request.

 

To clarify our email to you of 15 August, we have already provided you
with the requested information by way of a summary. Making the information
available in your preferred way would prejudice the interests protected by
section 6(a).

 

Kind regards

GCSB and NZSIS

 

 

From: Information (GCSB) <[GCSB request email]>
Sent: Monday, 15 August 2022 4:44 PM
To: Scott <[FOI #19949 email]>
Subject: RE: Official Information request - Joint Policy Statement -
Management of Human Rights Risks in Overseas Cooperation

 

Kia ora Scott,

 

We are writing to advise you of a decision in relation to this request.
Your request for a copy of the Joint Policy Statement - Management of
Human Rights Risks in Overseas Cooperation is refused under section 6(a)
of the OIA, as release of the information would be likely to prejudice the
security or defence of New Zealand.

 

A formal response letter detailing our decision is currently going through
sign-off and will be sent in due course.

 

If you wish to discuss this response with us, please feel free to contact
[1][GCSB request email].  You have the right to seek an investigation
and review by the Ombudsman of this decision.  Information about how to
make a complaint is available at [2]www.ombudsman.parliament.nz or
freephone 0800 802 602. 

 

Kind regards

GCSB and NZSIS

 

 

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From: Information (GCSB)
Government Communications Security Bureau

Kia ora Scott

We refer to your official information request of 15 August 2022 (below).

The Official Information Act 1982 requires that we advise you of our decision on your request no later than 20 working days after the day you submitted your request. Unfortunately, it will not be possible to meet that time limit and we are, therefore, writing to notify you of an extension of the time to make our decision, to 27 September 2022.

This extension is necessary because the consultations necessary to make a decision on your request are such that a proper response cannot reasonably be made within the original time limit.

If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact [GCSB request email]

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.

Ngā mihi
GCSB

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From: Information (GCSB)
Government Communications Security Bureau


Attachment 2022 09 23 Scott OIA response.pdf
1.1M Download View as HTML

Attachment Scott OIA HR JPS engagement FOR RELEASE.pdf
14.1M Download View as HTML


Kia ora Scott

 

Please find attached a response to your OIA request.

 

Kind regards

GCSB and NZSIS

 

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