The New Zealand Security Intelligence Service works closely with the Police on counter-terrorism and may need to deal with more requests to use its intelligence as evidence in court, says Inspector-General of Intelligence and Security Brendan Horsley.
Mr Horsley today published a report on a review of NZSIS cooperation with Police on counter-terrorism.
“I found the NZSIS and Police cooperate closely on counter-terrorism, sharing information frequently at multiple levels,” Mr Horsley said.
“Both agencies have a reasonably clear understanding of their respective roles and functions, with a pragmatic approach to cooperating on investigations.”
Mr Horsley noted that the usual position of the NZSIS has been to provide intelligence to Police to inform Police investigations, where relevant, but generally it did not expect it to be used as evidence in court. This is to protect NZSIS sources and methods and the identities of its officers.
“Recent legislation has created new procedures for dealing with intelligence as evidence in court proceedings,” Mr Horsley said.
“The courts have new processes for dealing with classified information. There are also new terrorism offences in law.”
“I think these changes increase the likelihood that NZSIS intelligence will be wanted as evidence in terrorism prosecutions. It is also possible that disclosure of intelligence will increasingly be sought by the defence.”
“The NZSIS has taken some steps to improve its ability to meet any increased demand for intelligence as evidence. That is positive but from my review I think it can do more, including improving its record-keeping on investigations,” Mr Horsley said.
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