Dear Government Communications Security Bureau,

I would like to make a request for the following documents related to the IGIS report "Inquiry into GCSB’s hosting of a foreign capability."

ONE: I would like to request copies of all communications, dated since 2020, between GCSB and the former GCSB Directors-General Bruce Ferguson, Simon Murdoch and Ian Fletcher relating to the matters covered in this IGIS report.

TWO: Former Director-General Ferguson told media that GCSB have recently been in contact with him regarding a "non-disclosure order:"

"He... said the GCSB asked him two weeks ago to sign a non-disclosure order, saying he wouldn't talk about the report. He says he refused to sign."

Source: https://www.rnz.co.nz/news/political/512...

I would like to request copies of the records of all communications with Bruce Ferguson relating to this.

THREE: In paragraph 16 of the IGIS report it is stated:

“In late 2020, the Bureau alerted me to the existence of the capability and highlighted potential concerns about whether it had been operating unauthorised.”

I would like to a request a copy of the message sent to IGIS by GCSB alerting him to this capability's existence.

FOUR: In paragraph 29 of the IGIS report it is stated:

“A Powerpoint presentation prepared for the meeting detailed what the GCSB understood about the capability at the time, including its potential military applications. The presentation raised questions for the meeting about the legal and moral issues that might arise from hosting the system. It identified a need for a procedure for the GCSB to vet the tasking of the capability.”

I would like to a request a copy of this presentation.

FIVE: In paragraph 31 of the IGIS report it is stated:

“In late 2010 a senior GCSB officer signed an agreement in principle to host the capability. The letter noted the purposes of the capability, which included the potential use for military action. It recognised the value of the GCSB being involved. It highlighted that some operational scenarios would need careful handling to ensure compliance with New Zealand law, but the issues were not unmanageable.”

I would like to a request a copy of this "agreement in principle."

SIX: In paragraph 33 of the IGIS report it is stated:

“Late in 2011, the then Director-General, Simon Murdoch, noted in an email that GCSB legal would need to be closely involved in the matter and that it would potentially require the awareness or consent of the Minister, as well as consultation with the IGIS.”

I would like to a request a copy of this email.

SEVEN: In paragraph 78 of the IGIS report it is stated:

“The Bureau reported internally in February 2020 that the capability had been “rarely tasked - eight times in the past two years”.”

I would like to a request a copy of this internal report.

EIGHT: In paragraph 88 of the IGIS report it is stated:

“When asked about this in the course of the Inquiry, the GCSB noted: “GCSB is usually aware that [an overseas partner] is using data shared with it by way of [requests for changes to the capability’s settings]. In the unlikely but possible situation no […] change was required, GCSB would only be aware that the data could be used by [an overseas partner], not that it had been.””

I would like to a request a copy of the message from GCSB to the IGIS containing this statement.

NINE: In paragraph 95 of the IGIS report it is stated:

"Comments in emails suggest GCSB staff were under the impression they were meant to comply with requests from the overseas partner and not ask any questions. For example: "[…] we have no input whatsoever into the process as its all controlled from [overseas] […] [A staff member] has set up a separate data flow for the capability traffic so the process should be totally invisible to us.”

I would like to request a copy of the email containing this comment.

TEN: In paragraph 122 of the IGIS report it is stated:

“This inquiry found no record of any consideration, before or during the GCSB’s hosting of the capability, of how the supply of GCSB data to the system would relate to subsequent GCSB authorisations for relevant signals collection. The first substantive consideration of this was the GCSB’s Chief Legal Adviser’s briefing to the Director-General about the capability on 23 February 2021, after the system had ceased operating.”

I would like to request a copy of this briefing to the Director-General.

ELEVEN: I would like to request a copy of the first briefing to the responsible minister since the capability was “rediscovered” in 2020, that alerts the minister to this and advises the minister of the steps GCSB would be taking.

TWELVE: I would like to request copies of all talking points prepared for GCSB staff for dealing with inquiries related to this matter.

Yours faithfully,

Scott

Dear GCSB,

Thank you for your acknowledgement of receipt.

I would like to further add, that for this request in terms of Section 16(2) of the OIA my preference is to receive copies of the documents I have requested, rather than excerpts or summaries.

Yours sincerely,

Scott