A group of lawyers have come together to request an inquiry into whether New Zealand intelligence is being used to help Israel and in the current war in Gaza.
Treasa Dunworth, University of Auckland associate professor and one of the lawyers involved in the request, says this isn’t because they know local intelligence has been used in the war, but because they don’t know.
“And we ought to know,” she says.
What led to this request?
Dunworth, along with lawyers Vinod Bal and Dr Max Harris, submitted a 38-page document to the Inspector-General of Intelligence and Security (IGIS) Brendan Horsley earlier this month.
In their letter to Horsley the lawyers said they were requesting he open an inquiry into the Government Communications Security Bureau (GCSB) and the New Zealand Security and Intelligence Service (NZSIS) compliance with New Zealand law, and standards of propriety in relation to international crimes by Israel in Gaza.
“We believe there is a plausible case that the intelligence-sharing actions of the GCSB and NZSIS, in relation to what has occurred in Gaza, breach New Zealand law as well as standards of propriety,” their letter to Horsley states.
“If that is so, then we believe that this intelligence might be supporting the commission of international crimes in the on-going conflicts between Israel and Palestine, and Israel and Hamas. We consider that an inquiry of this nature is not only desirable, but necessary.
“Even if intelligence is not being gathered and shared with Israel, an inquiry may lift public confidence in the GCSB and NZSIS by clarifying that New Zealand has not been complicit in the commission of international crimes.”
The request is a first-of-its-kind as it’s the first time members of the public have requested the inspector-general open an inquiry.
Dunworth says she got involved in the request after lawyers across the country raised concerns around New Zealand being compliant with international and domestic law obligations.
What does NZ intelligence mean?
There are two routes that might be problematic, she says.
She explains that New Zealand is involved in the Five Eyes intelligence network and through that the country shares intelligence GCSB picks up which can then be on-shared to the other countries.
Two of those partners are the US and the UK, both of which have sharing agreements with Israel, Dunworth says.
“There are a number of other authorisations through the minister to share intelligence directly with other countries. Although we know that’s true, the list of countries shared to is classified so we don’t know if there is ministerial authority to share information with Israel.”
Hypothetically, intelligence gathered by New Zealand regarding the location of Hamas leaders could be on-shared and that information used by Israel to target, Dunworth says.
“It could also mean that if intelligence captured communications between other states and their views on Israel and Benjamin Netanyahu that might be aiding Israel, not in terms of targeting but in the sense of what states are saying about them outside of the media.”
But Dunworth stresses they don’t know if this is what’s happening and they believe the public should know either way.
What happens now?
The inspector-general acknowledged the request earlier this month in a statement and said he would consider it but the lawyers have heard no more since then.
In June in the IGIS Work Programme 2024-25, Horsley said he would be monitoring related intelligence activity given the conflicts under way in Ukraine, Israel/Gaza and Yemen.
“I will be monitoring related intelligence activity in the coming year, including intelligence sharing, associated human rights risk assessments, and any support to military operations. This monitoring will be planned and systematic, but I am not committed to undertaking any specific reviews. Monitoring might indicate where review is necessary, or might be sufficient to answer the questions arising.”
But Dunworth remains hopeful.
“In our request to him we have made a number of legal and policy points into why we think we should exercise his discretion under the act to open such an inquiry.
“The inspector-general has conducted several inquiries off his own back, this is the first time a member of the public has requested him to do so, so we’re kind of in uncharted territory.”
In a statement, a spokesperson for the GCSB and NZSIS said the agencies collect intelligence in accordance with Government priorities, including the National Security Intelligence Priorities which define key areas of national security interest.
“All activities of the agencies, including cooperation with overseas public authorities, must be in accordance with NZ law, including all human rights obligations recognised by NZ law.
“These are obligations which the agencies take very seriously, and they must have effective policies and procedures in place to ensure they act in accordance with both domestic and international law.”
The spokesperson also said that sharing of intelligence with overseas public authorities is subject to relevant Ministerial Policy Statements and other internal NZSIS and GCSB policy to ensure robust consideration of intelligence sharing.
“Like all aspects of the agencies’ work, this area is subject to the independent oversight of the Inspector-General of Intelligence and Security (IGIS). The agencies welcome this independent oversight, and will respond to any inquiries the IGIS makes.”
More stories:
New poll shows 60% of NZers agree government should call for ceasefire
Only 12% disagreed that there should be a ceasefire. The remainder were either neutral or unsure.
Thousands march in pro-Palestinian and pro-Israeli rallies across NZ
Rallies were held across the country.
How to make sense of what’s going on in Gaza
The violence is the result of decades of tension over the disputed region.