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The S.I.S.

in the Dock
(see page 2)

!<E'II �
5}1('L1.ffY � DD

Taking the SIS to court - the "discovery" process was never going to be easy,

In this issue: lli!.9.!l


• SIS brought to court in break-in case 2
• APEC 99: Preparing for the clampdown 5
• GCSB Abolition Petition presented at Waihopai 6
• More on Whistleblower Tomlinson 9
• Waihopai Warren's Speaking Tour 10
• An intelligence test for MPs 11
• SISsy Bits 12
• Review of the Privacy Act - yet another report looms 13
• Intelligence and Security Committee - "Nothing to Report" 14
• Questions to Ms Shipley about the GCSB and Waihopai 14
• Uncle Sam back in the Philippines 15
• The Philippines armed forces 16
• New Zealand's military forces 17
• Notes on military spending 19
• SIS Petition launched - time is short 20
SIS BROUGHT TO COURT IN BREAK-IN CASE
Yep, It wag Ug, but it' g all legal!
- Murray Horton

Ever since Davld Small caught unidentified the SIS has been a defendant ,n a court case, It
Security I ntelligence Service (SIS) agents has only ever been involved ;n one criminal case
breaking into the Chrlstchurch home of AZlz before - the notorious and unsuccessful 1 975
Choudry, In July 1 996, Peace Researcher has trial of the late Dr W, B, Sutch, under the former
regularly reported the story in considerable Official Secrets Act Plus It has initiated
detail So, rather than go over it all again, we injunctions to stop publication of various articles
refer you to previous issues, particularly about it But in this epochal case, AzIZ IS the
throughout 1 997, PR hasn't mentioned the case prosecutor and the SIS the defendant The
for quite some time, because we have been second noteworthy thing IS that the hearing took
waiting for it to get to court, and until that place in public - there was no attempt to close
happens, evidence is sub judice the court to the media and public, J ustice
Panckhurst said, at the outset, that the hearing
Aziz finally got his day in the C h ristchurch High would be public, The Crown lawyer (assisted by
Court, in J u ly 1 998, two years after the break-in, an SIS representative) had no objection
He is suing the Crown for a total of $300,000 for
the actions of the SIS in breaking into his house From the word go, the SIS admitted that it was
(a modest figure compared to the $4,5 million responsible for the break-in ("covert entry" is the
being sought by a group of Christchurch sanitised term) This had been known for
flatmates who were traumatised by the police' s months, ever since the SIS filed its statement of
Armed Offenders Squad mistakenly invading defence to the claim, but was sub judice until
their flat), This is a civil SUit, for breaches of the stated in court, If Aziz had not taken court
Bill of Rights and trespass; no criminal charges action the matter would have ended with his
have ever been brought against anyone in the '
appea l to the "proper channels", namely the
affair (worth remembering when you reflect that Inspector-General of I ntelligence and Security,
the police raided the homes of both Aziz and PR readers will recall that he ruled, in 1 997, that
David Small, looking for "bombmaking "nothing unlawful" had taken place, without ever
equipment", immediately after the foiled SIS confirming or denying that the SIS was in any
break in, A hoax bomb had been left at the
way i nvolved, Once the SIS admission was on
Christchurch City Council building, This the record, "alleged" and "suspected" dropped
mysterious episode has never been explained),
from the lexicon of the media, which has given
The July 1 998 hearing was not the sUbstantive
great coverage to the case, This was another
case - that is still some way off, at a date to be
first - the SIS admitted that it had been caught,
fixed, and indeed may never come to court, This
red handed, in a covert operation, But the
hearing was a preliminary one, common in civil
defence to the entire claim is that the SIS was
suits, to settle questions of law and discovery of
acting legally, in the execution of an interception
documents,
warrant And that's where it gets really
interesting,
Both sides sought access to documents held by
the other ("discovery") The SIS sent a
"National Security" Justifies Everything
representative (whose identity is protected from
publication by law) to the office of Aziz's
There are two kinds of SIS interception warrants
C h ristchurch lawyer to examine his material
"person" ones and "place" ones The one
Likewise, Aziz's principal lawyer, Auckland
authorising the Aziz break in was a person one,
Queen's Counsel, Rodney Harrison, sought
All such warrants have to be authorised by the
access to S I S files on the case, That's where
Minister in Charge of the SIS, who is always the
they hit a brick wall, and the preliminary hearing
Prime Minister, This one had been authorised by
became necessary, No evidence was
J i m Bolger, back in 1 995, By the time of the
presented, no witnesses called and cross­
break in it was ten months old, which is very
examined; there was no need for Aziz to be
unusual in itsel!' Rodney Harrison produced in
present (but he was, along with a number of
court the laughably brief SIS annual reports to
supporters), The hearing was solely a legal
Parliament (usually no more than a paragraph
argument over documents that were or, more
long), proving that the average length of such
crucially, were not before the judge
warrants is only a few months, It authorised an
SIS officer to Intercept communications Not
The first, h istoric, thing about the case IS that it
long before the actual 1 996 break-In , the
happened at all It marks the first time ever that
warrant was amended to authorise another SIS

Peace Researcher - Page 2


officer (the original one having relired) and It was a fascinating day In court, Witnessing the
widened Its scope to include seizure of unique spectacle of the SIS having to publicly
communications. The SIS admitted in court that Justify its actions. There was much flowery talk
its procedures are so sloppy and so hidden from of 'an Englishman's home is his castle" (Azlz is
public scrutinY that there is no standard form on alright then. as he s a Pom, albeit a Pakistani
which to apply for a warrant Harnson argued one) There was a faSCinating precedent raised,
that a ten-month-old warrant was executed on of the gay female SIS officer who was instantly
stale information and could not refer to events at dismissed back in the 1980s for having an affair
the time of the break-in with another female SIS officer. She sued the
SIS for unfair dismissal and claimed
Rodney Harrison argued at great length that, discrimination on the grounds that another gay
although the relevant SIS Acts (going back to SI S officer had not been treated the same way
1969) authorise interception and seizure, he and sought discovery of documents to identify
could find nothing to authorise any right of entry, that person. The case was heard in the early
covert or otherwise. He argued that New 1990s and she won discovery. It was such a
Zealand law is explicit, not implicit, so if it's not sensitive matter (not to mention luridly
spelled out in an act then it's illegaL The SIS sensational) that the court ordered that the case
argued that the right of entry was an obviously could be reported only in law journals, not the
implicit attribute to the right of an intelligence public media. There was the revelation that the
agency to spy on people. A lot of the full day in SIS can contract out its work to "authorised
court was taken up with arguing New Zealand persons", a disturbing thought given the ongoing
and Commonwealth laws and case precedents privatisation of police work. Intelligence work is
on this point That was the central question of much more sensitive, and contracting out gives
law to be decided. that vital element that all spy agencies crave -
"plausible deniability"
And that presupposes that the plaintiff (Aziz)
knows anything about the warrant authorising
this State violation of his home. He doesn't, Judge Gives SIS Sweeping Powers Of
hence the need to resort to a preliminary Covert Entry
hearing to try and force discovery of SIS
documents. Neither Aziz, his lawyers, nor the J ustice Panckhurst reserved his decision, both
judge have ever seen the warrant The SIS has on the question of law and on discovery. He
withheld all details of it, including the name of hinted at his view on the latter by asking the SIS
the person or persons targeted by it The to advise on its choice of procedure should he
warrant is only one of numerous SIS documents decide that he wanted to inspect the documents
withheld from the plaintiff and the court. Justice himself, before ruling on whether the plaintiff
Panckhurst frequently declared himself could access them. A month later, in August
frustrated by the blanket secrecy. Nor was he 1998, he handed down a 32-page decision. The
overawed by the fact that the SIS heavily rested media gave most attention to his finding that he
its case on a certificate signed by its Minister, overruled Shipley's certificate of national
Jenny Shipley, declaring that all withheld security and asserted his right to visit the SIS's
documents should remain off limits on grounds Christchurch office (70 Gloucester Street) and,
of national security. He urged the SIS to tell him in these appropriately secure surroundings,
what had given rise to the threat to the nation inspect the relevant documents before deciding
which warranted the SIS action. "National if Aziz can access them. Unsurprisingly, the SIS
security" was the reason given for not appealed this, and no inspection will take place
complying. Indeed, the judge said that he failed until that is resolved.
to see how a conference and protest action
against a meeting of Asia Pacific Economic But the real sting was not highlighted.
Cooperation (APEC) Trade Ministers (Aziz was Panckhurst ruled: "The essential authority
a lead organiser of these activities, on behalf of conferred by a warrant is stark and uncluttered.
GATT Watchdog) could justify the brea-in. As How interception and seizure in any case are to
Justice Panckhurst said: "We are not dealing be achieved is left entirely at large by the
with wartime" (Press, 23/7/98; "SIS strives to legislature. That approach must have been
keep break-in details secret"; Martin van deliberate and, in my view, carries by necessary
Beynen; frontpage lead). Harrison argued that it implication the result that a power of covert entry
would be wrong to allow the SIS to hide behind was envisaged". Hence he has come down in
claims "that somehow national security interests favour of "implicit" over "explicit". And he went
are somehow being promoted by what is, on the much further. "In the case of a 'person' warrant I
face of it, either an illegal or unreasonable act, consider that ownership or occupation of
or both" (ibid). Harrison argued that Aziz's premises by a person identified in the warrant
substantive case was crippled without access to cannot be the limiting criteria. In other words, if
those documents it is correct that a warrant against a named
person, or persons, carries a power of covert

Peace Researcher - Page 3


entry, such power must necessarily extend The case highlights a number of glaring
to all premises used by the named person or deficiencies in the 1 996 Act which gave the SIS
persons" (emphasIs added. Ed). This gives the new powers. Its brief was extended to include
SIS huge powers, carte blanche to break Into threats to New Zealand's "economic security". A
the homes or any other premises of people mere fortnight after that came Into effect, the
believed to be associates of a person or SIS was caught breaking into the home of an
persons named in an SIS warrant Aziz promptly activist leading opposition to free trade and
appealed this finding APEC in particular (but acting on a warrant that
pre-dated the change). It's an ominous portent
Both appeals were heard by the Court of of things to come. Auckland University Law
Appeal, in Wellington, in November. The major Professor, Jane Kelsey, a critic of the 1996 Act,
significance of the case was underscored by the told the Listener (26/9/98; "Caught In The Act";
fact that it was heard by a full bench of five Bruce Ansley) that Panckhurst's ruling allows
judges, with the SIS represented by the the SIS to act outside the criminal law; it gives
Solicitor-General. He argued that national the State precedence over the individual; it gives
security overrode Justice Panckhurst's right to the State implicit, not explicit powers; and it
i nspect the withheld documents Once again, demonstrates the lack of SIS accountability to
Jenny S h ipley's certificate was cited as reason anyone, least of all a judge. She rejects
enough to uphold secrecy. Rodney Harrison Panckhurst's move to allow the SIS to confide in
reiterated the arguments for the discovery of the him before ruling on discovery: "His
documents. On the other matter, he argued that interpretation needs to be informed by legal
the interception warrant did not expressly give argument, and how can you do that without
the SIS powers of entry without the owner's knowing the terms of the warrant?" (ibid). For
permission and therefore their agents were his part, Rod Donald, Alliance list MP and Green
trespassing. He further argued that the SIS Party co-leader, sought to introduce a bill
action interfered with Aziz's right to engage in extending the powers of the Inspector-General
lawful advocacy, protest and dissent (which are and removing "economic security" from the
guaranteed under the SIS Acts) and therefore it purview of the SIS.
had exceeded its powers. Finally, by neither
confirming nor denying that Aziz was named on We can't resist including a priceless quote from
the warrant, the SIS hampered his case as the Victoria University defence analyst Jim Rolfe
warrant's legitimacy could not be determined. who thinks the Inspector-General of Intelligence
The court reserved its decision. is doing a fine job overseeing complaints about
the SIS: "You've got a retired High Court judge
who has full access [to SIS files]. If you don't
trust him, then we've got a society that's gone
9 December 1998 - In a precedent-setting
d ecision today the panel of five judges in the bad. It's not the security service you have to
Court of Appeal ruled unanimously that the SIS worry about, it's the society" (Listener, 3 act
1998).
had no i mplicit right under the SIS legislation to
break i n to Aziz Choudry's home seeking
"communications". The interpretation is a clear
statement that the justices believe the absence
from the S I S Acts of any explicit provision for Appeal for Money...
breaking an d entering private property means
the SIS must cease and desist such tactics. It Aziz Choudry's case costs money, big money.
also suggests that others whose privacy was $20,000 is sought (and it's very cheering that
similarly violated by the SIS in the past may over half of that has been raised). But more is
have recourse to challenge the SIS in court. needed, to prosecute this historic suit.

A second and equally important part of the Donations can be sent to the: Democratic
decision gives prime minister Shipley until Rights Defence Fund, Box 1905,
February 1 to provide clear and convincing Christchurch, NZ.
justification for her certificate backing the SIS's
withholding of vital documents from the High The Democratic Rights Defence Fund
Court and the prosecution in C hristchurch on committee comprises Maxine Gay, President 0
vague grounds of "national security". Aziz stands the NZ Trade Union Federation, Or Jim Stuart,
vindicated in his appeal against these two Minister of the Church of St Andrews on the
particularly onerous aspects of the Panckhurst Terrace, Wellington, Or Jane Kelsey, Professor
decision in the High Court. Julian Richlieu of the of Law, Auckland University, Leigh Cookson 0
Un iversity of Auckland law school said on Corso, Murray Horton, Campaign Against
National Radio that the Appeal Court decision is Foreign Control of Aotearoa and Anti-Bases
an affirmation of the right to privacy of all New Campaign organiser. and Nicholas McBride,
Zealanders. lawyer.

Peace Researcher - Page 4


10 December 1 998 body" which operates under its own statutory
rules. It is outside the JUrisdiction of the Clerk of
Editor the House and not answerable to the rest of
Tile Press Parliament on matters of Intelligence. The public
Christchurch should know that true status of the ISC and that
Its four members can do little more than chat
Dear Sir, about the SIS break-in In Chnstchurch. Mrs
Shipley should correct her mis-statement about
Pnme Minister Shipley IS either Ignorant or being the committee and own up to its very limited
deliberately misleading in her reference to ". the powers to investigate Intelligence agencies The
parliamentary committee responsible for the director of the SIS can veto any information
SIS" (Press, 10/12/98) There is no such request he receives from the ISC
parliamentary (select) committee. She chairs
the committee to which she is referring (the
Yours sincerely.
Intelligence and Security Committee, ISC), and
Robert L Leonard
she should know that it is not a select
committee, but what is known as a "foreign

APEC 99: Preparing For The Clampdown


"Media coverage of the court case arising from "I read with interest about the bungled 'SIS
the bungled 1996 SIS break in at the home of break-In at the home of activist Aziz Choudry.
Aziz Choudry is not making the vital connection Canada's media is currently dominated by
It took place d uring activities opposing an APEC revelations about unprecedented tactics used by
Trade Ministers' conference. New Zealand is the Royal Canadian Mounted Police ( RCM P) in
hosting all APEC meetings in 1999. Those who dealing with citizens who exercised their
value d emocracy and human rights will need to democratic right to protest at the APEC Summit
be vigilant for plenty more such skullduggery by in Vancouver last November These matters are
local and foreign intelligence agencies. Not to currently the subject of a number of civil cases
mention the same sort of police and a police Public Complaints Commission.
heavyhandedness that was imposed when
Canada hosted the 1997 APEC Leaders' "Canadians have recently learned that prior to
Summit the beginning of the APEC meetings, there was
widespread police surveillance of groups
"All in all, APEC is not worth it APEC's free opposing APEC. Then, when the leaders came
trade and unrestricted foreign investment '
to town, dozens of non-violent protesters were
poliCies have got us into the current economic pepper sprayed on the campus of the University
mess. We don't need it, nor its travelling circus of British Columbia. Some were arrested for
and armies of police, spies and amateur holding signs saying "free speech" According to
burglars. The Government should advise it to newly revealed police documents, other arrests
take the year off and leave New Zealand alone, were aimed at "eliminating some of the more
whilst we repair the damage" (M urray Horton, high profile members" of anti-APEC groups.
letter to Press, 25/9/98).
" Internal documents from our Prime Minister's
What happened in Vancouver at the 1997 Office and the RCMP reveal a concerted effort,
Leaders' Summit is instructive. It was held on on the orders of the Prime Minister himself, to
the campus of the University of British Columbia keep a lid on protest activities These efforts
and the Mounties' heavyhandedness, were based not on concerns for the security of .
particularly their liberal use of pepper spray, led the APEC Leaders, but on assurances made to
to court cases being taken against them, and Indonesian dictator Suharto by the Prime
such a clamour that an inquiry was opened into Minister and the Minister of Foreign Affairs
the matter, in late 1998. It has become a that Suharto would be spared the
fullblown political scandal in Canada. Groups embarrassment of being confronted by
ranging from the Anglican Church to the Raging protestors who objected to his abysmal hurnan
Grannies (singing pensioners) were classified rights record.
"anti-Canada forces" according to official
documents. Sid Shnlad, of British Columbia, "The Canadian and New Zealand governments
wrote (28/9/98) to the Listener (which published present themselves as models of democracy
it only in its on line edition) But their willingness to violate the fights of their
own citizens In hopes of promoting trade with
Visiting dictators offers the clearest possible

Peace Researcher - Page 5


demonstration of where their true priorities lie It involved "truck bombs, hostages", the works. It
Like many other Canadians, I will be watching was doubtless aimed at "International terrorists"
attentively as your government inflicts APEC on but also fulfilled the psychological warfare
Its citizens next year" objective of branding opponents of APEC as
'terrorists' The police were off to an early start,
The Canadian government bent over backwards paying a November 1998 visit on me to ask
to accommodate (the since overthrown) about any planned anti-APEC activities in
Suharto. But it drew the line when his Christchurch Corso, which has a major
bodyguards asked what would be the Canadian coordinating role in the APEC campaign, has
response if they opened fire dn Canadian been contacted by a former senior Christchurch
protestors! They were told "no way". As Aziz cop who now works for Corporate Risks (NZ)
Choudry wrote to the Press (24/10/98) "A Ltd (see PR 1 4, December 1997, "Where Do
heavily armed Canadian police emergency Old Spies Go?" Ed)
response vehicle secretly tailed the Indonesians,
five of whom were eventually arrested after Not only will we be tripping over our own cops,
repeatedly disobeying security protocols and goons and spooks, but there will be a whole lot
raiSing grave concerns among Canadian police of foreign ones here too. Most of them are
officers that they might shoot peaceful routinely armed, which is currently illegal here.
protestors rather than expose Suharto to The Government has obligingly amended the
demonstrations ..." Arms Act to enable these bodyguards to bring
their guns with them. If the US Secret Service
The New Zealand government is determined aren't allowed to bear arms, then Clinton won't
that no incidents shall ruffle the smooth pond of come. The SIS has been given the job of vetting
the Leaders' Summit in September 1 999. the several thousand Kiwis who will have
Previous such summits have seen major Asian temporary menial jobs during the summit - all
cities such as Jakarta, Osaka and Manila those potential terrorists amongst the waiters
virtually s h ut down for days on end by security and bartenders.
procedures to enable the delicate leaders to be
untroubled by seeing any of the actual people of So this is the deadly circus coming to our
their host nation. The September summit in country in 1 999 (hOW suitably millennial). If you
Auckland will be the biggest police operation in want to know more about APEC 99 and the
New Zealand history. In October 1998, the opposition to it throughout New Zealand:
military, police and S I S held Lawman 98, the The APEC Monitoring Group can be contacted
country's biggest counter-terrorist exercise, at Box 1905, Christchurch.
simultaneously in central Auckland and the Ph (03) 3662803; fax (03)3668035;e-mail
former Wigram Air Force Base ( Christchurch). gattwd@corso.ch.planetgen.nz

In November 1 997 the Anti Bases Campaign • "That Waihopai can intercept your e-mail,
(ABC) held a national strategy meeting near fax and phone communications and is
Picton. The focal point of that gathering was the exempt from key proviSions of the Privacy
launching, in Blenheim, of ou r petition. To quote Act and the Crimes Act;
from the letter which accompanied it to
Parliament: • "That the spy stations at Waihopai and
Tangimoana do not serve the interests of
Petitioner respectfully submits - AotearoalNew Zealand and are a waste of
millions of dollars of tax money::
• "That the Government Communications
Security Bureau (GCSB) is a government • "YOUR PETITIONER THEREFORE
spy agency outside the democratic control REQUESTS THAT THE HOUSE ask the
of the people and Parliament of Government to ABOLISH THE GCSB AND
Aotearoa/New Zealand; CLOSE ITS TWO SIGNALS
I NTELLIGENCE BASES AT WAIHOPAI
• "That the GCSB exists primarily to serve the AND TANGIMOANA IMMEDIATEL Y"
intelligence interests of the U nited States
and Britain; We circulated this petition as widely as our
limited resources allowed. Particular thanks are
due to Rod Donald, Alliance list MP and Green
Party co-leader, whose Christchurch office

Peace Researcher - Page 6


collected hundreds of Signatures, and to Gwen problem with the base but Just wanted to have a
StrUlk of N elson, who kept the petition table at closer look at it One fellow said he wanted to
the Nelson Public library continuously stocked find out about the "two moons" le . the two
She was responsible for the biggest number of domes that dominate the valley In a first, a
Signatures Mind you they had to be carefully number of young Maon JOined us, complete with
scrutinised for doodles. choice expletives a big Maori sovereignty flag (which the base
(usually in front of the words "the Government") commander mistook for an Aborigine flag). More
and some imaginary people. Sorry, Sonic T . locals, including a family with babies, joined us
Hedgehog and I.P. Nightly, but you didn't make at the base Out of the 40-odd people
the final cut The final tally, at the time of assembled out there, a good half were the
presentation'; was 1,3.73 valid signatures. public. Complete with several banners, we all
walked up to the mner gate, the first time that
Come November 1998, ABC scheduled another had legally happened in years. ABC's M urray
national strategy meeting, at the same venue Horton described the history and function of the
near Picton. The petition presentation base, putting it into the mternational
was to be the focal pOint The first context of the UKUSA Agreement He
question was: to whom to present it? urged everyone to read Nicky Hager's
Protocol dictates the local MP, so we 1996 masterpiece "Secret Power".
invited N ational's Doug Kidd. He declinec
because, as Speaker, convention The actual petitioner, ABC ' s Bob
precludes him presenting other than local Leonard, had been absolutely
petitions (and he didn't define ours as determined to make the presentation,
local). Rod Donald was only too happy to despite being only four weeks past
accept it " his "beat" includes Nelson and major abdominal surgery. To make things even
Marlborough, and he has played an active part more memorable, it was hiS 60th birthday. He
in the Waihopai campaign for several years, won't forget having "Happy Birthday" sung to
both inside and outside Parliament him at the gates of Waihopai (even the base
commander shook his hand). Rod Donald
As a novel touch we decided to invite the stressed that he would take great personal
Blenheim public to join us on a free tour of the satisfaction in presenting the petition to
spybase, guaranteeing that nobody would be put Parliament All three speakers stressed that the
in danger of arrest We hired a van, and big question now is: where does the petition go?
publicised that we would put on a sausage sizzle No select committee has oversight of
for partiCipants (with a choice of vegetarian intelligence agencies; the 1996 Intelligence and
sausages). We offered a unique menu of spies, Security AgenCies Act created the Intelligence
secrets and sausages. We set the afternoon of and Security Committee, which is a statutory
Saturday November 14th as the time and body, not a Parliamentary one, comprising the
Seymour Square, Blenheim, as the meeting PM and Leader of the Opposition, plus several
place. Only then did we d iscover that Prince other Ministers and MPs hand picked by the PM
Andrew, accompanied by the PM, was holding a (see PR 13, August 1997, "New Spy Committee
Royal walkabout there that very morning. We Named", Ed). It was definitely a novelty to be at
resisted the temptation to protest in the the Waihopai gates with not a cop in sight
presence of Shipley, the Minister in charge of Perhaps they were all guarding Prince Andrew.
spies (the GCSB is not explicitly included in any The forrnalities over, we returned to the road,
ministerial portfolio; the PM gets it by default). where ABC's Melanie Thomson and G reg Jones
The business of inviting locals along must have ran a much appreciated sausage sizzle (marred
thrown the GCSB - after directing the police to only by an uncharacteristic cold easterly wind.
take a tough line in recent years and arrest La Nilia is not on our side, apparently),
anyone setting foot in the paddocks surrounding
the base, GCSB Director, Ray Parker, invited us Strategy Meeting
(via Rod Donald) to come right up to the inner
security gate. This invitation applied even to The ABC national strategy meeting was held in
those people subject to two-year banning orders two sessions, on the Saturday and Sunday
following p revious Waihopai demo convictions. mornings. In another first, we had two
We had to promise to "behave", and we were Opposition MPs participating" Rod Donald, and
only too happy to oblige. Tim Barnett, Labour for Christchurch Central
(and they shared the backpackers' lodge
Public Toured; Sausages Sizzled bunkroom with us) Rod, the Greens and the
Alliance are on side (the Alliance's Matt Robson,
Upon arrival at Seymour Square, we were who has previously visited the base, sent his
pleasantly surprised to discover that genuine best wishes) There's more work to be done with
members of the Blenheim public turned up to Labour (Waihopai was built by the last Labour
Join the tour. They came for a variety of reasons, government) and speCifically Helen Clark, who
mainly CUriosity. A couple said they had no SitS on the I ntelligence and Security Committee

Peace Researcher" Page 7


She has w ritten "Labour will continue to support ThiS was organised by Maire Leadbeater, of the
security systems which meet New Zealand's East Timor Independence Committee, Maire IS a
needs It IS not correct to portray the activities of newly elected Auckland City Councillor, and
the GCSB as designed to meet American definitely the only one ever arrested at a
needs Successive New Zealand governments Walhopal demo) A big thanks IS due to local
have funded the facilities because they Judge Greens, Norman and Allson Fletcher who threw
them to be in the interest of New Zealand" (letter their beautiful home (With its panoramic views of
to VOice of Women, Dunedln, 23/9/98) the Sounds) open to us for the Saturday night,
proViding Bob Leonard with a surprise 60th
But Tlm B arnett I S fully sympathetic (he has also birthday party that he'll never forget T h anks too
previously Visited the base), He stressed that to Rod and Tim who, by their presence,
ABC and supporters must campaign and lobby demonstrated that thiS is an issue of
MPs effect ively so that Walhopai, t h e GCSB and IncreaSingly broader public and political concern
Intelligence issues In general become a It was a productive and morale boosting
Significant political Issue (which they c urrently exerCise We have been campaigning at, and
aren't) H e suggested we concentrate on an about Waihopai for over ten years We're ready
incoming Labour/Alliance/Green government for another decade If that's what It takes to get
(rather than concentrating on the actual 1 999 rid of the the spies
election campaign), But regardless of which
parties compnse the next Government, he Petition presented to the Clerk of the House
recommended we push for an Inquiry Into the
GCSB (with exact terms still to be worked out) , On Wednesday, 1 8 November, Rod Donald and
The call for such an inqUirY has already been Bob Leonard delivered the petition to the Clerk
passed as a Labour Party conference remit We of the House, David McGee, In his offices in
agreed that campaigning for an inqUiry, whilst Parliament We had a brief and pleasant chat
mindful of t h e pitfalls (the peace movement , ' With him and hiS petitions assistant about the
remembers Frank Corner's Defence Review of petition and the glaring lack of select committee
the mid 1 980s), is a worthwhile move, and that JUrisdiction over the affairs of the intelligence
vanous tactics will be adopted to lobby for It We agencies, The petition would be handed over to
also agreed that if no official public inquiry is a 'foreign body". the Intelligence and Security
forthcoming, we will organise our own citizens' Committee, forthWith The ISC does have
one (It IS worth repeating that the ABC IS statutory provision to consider petitions, Rod
committed to the abolition of the GCSB and the has since informed us that our petition was set
closure of Waihopai and Tangimoana We are to be an agenda Item before the ISC at its
happy to campaign for an inquiry to broaden our meeting on Tuesday, 1 December, That was
support base among people who do not share only ItS second meeting of 1 998. It's nice to
our ultimate aims) Nor have we abandoned know we gave them, a reason to meet and
Waihopai demos - we provisionally decided that something to discuss, We strongly suspect that
we should kick off the new millennium with a given the severely restricted intelligence
bang and hold a January 2000 protest at the oversight powers of the committee and their
base, with N elson people bearing the brunt of very apparent lack of motivation to oversee
organising it (fully supported by the anything, their rare meetings are largely
Christchurch-based ABC, of course), exercises in thumb-twiddling.

The whole weekend got the best media Note added In proof As a result of our petition,
coverage in ages, especially in the Mar/borough ABC has been invited to make a forma/
Express (including the separate protest action submission In writing to the /SC The committee
against Safe Air's contract to service Indonesian Will then deCide whether ABC will be invited to
Air Force Skyhawks, at Blenheim Airport

Present ation of the Petition to Abolish the GCSB at the gates of the Waihopai spy station
Peace Researcher - Page 8
MORE ON WHISTLEBLOWER TOMLINSON
First some background from Peace Researcher
1 5 R ichard John Charles Tomlinson. 34, IS a The death of Diana
New Zealander with dual British citizenship A Tomlinson has alleged that Henri Paul, the
Cambndge graduate. he was recruited by MI6 driver of the Mercedes In which Princess Diana
British external Intelligence. in 1992 That was a and Dodl AI-Fayed were killed in Pans, was a
fateful move. Posted to Moscow under Bntish spy an MI6 agent Paul of course also
diplomatic cover, his Job was to trace nuclear died in the 'accident", an expendable low-level
weapons from the fomer Soviet arsenal. In an spy as desCribed by Tomlinson in testimony
unnamed Middle Eastern country (probably before a French magistrate A car accident
Iran), his brief was to disable equipment for under circumstances unlikely to have witnesses
chemical weapons Bosnia was the flash pOint - IS a classIc means to permanently dispose of
whilst there, to identify war cnminals, he became undeSirable people Tomlinson told the French
aware of claims by a dissident Tory MP that judge the circumstances of the crash were
Serb politicians were maklllg donations to the similar to those MI6 conSidered using to
Conservative Party Tomlinson decided to eliminate Slobodan Milosevic, a Serbian most
Investigate - the most likely reason why MI6 people would consider to be a bad hombre. But
deCided not to employ him at the end of his Princess Diana? She might have been seen by
three year probation, citing his tendency "to go highly conservative factions within MI6 as a
off on his own frolics' (Listener, 24/1/98, 'The serious threat to the stability of the Bntish
spy who spooks MI6' by Gordon Campbeli) monarchy If Tomlinson is right, the plan
worked flawlessly No matter that a couple of
Tomlinson deCided not to go quietly His other people had to die with Diana, one of them
girlfriend had Just died of cancer, he was a spy himself
depressed, and pissed off at being dismissed.
He wrote letters to his superiors, threatening to Tomlinson's father, a resident of Waikato, fears
contact a "hostile power" (ibid) In February that his son will also die in a car crash under
1997, M I 6 did a deal with him. They paid him suspicious circumstances. When you are an
money for unfair dismissal, in return for him ex-spy wanted by your ex-employer who may
handing over any secrets in his possession and stop at nothing to silence you (as long as they
a promise not to publish. But, in April 1997, he can plausibly deny their role), your best defence
reneged, flying to Sydney and offering a book is a strong offence. The higher Tomlinson's
synopsis to a publisher. Both MI6 and the police profile as a whistleblower the less likely M I 6 is
Special Branch came after him - the publisher even to attempt to kill him.
handed over the synopsis, which has never
been made public "'My mind sti l l boggles at the stupidity of the
British Government's treatment of myself and
After his return to Britain, his house was burgled David Shayler [ex-M I 5 whistleblower. Ed.],' says
and his computer stolen. In October 1997 his Tomlinson. 'We have both independently
house and that of his parents �ere requested the opportunity to put our grievances
simultaneously raided, with the seizure of more to the parliamentary select committee on
files and computers He was arrested, charged intelligence services, but have been refused at
under the Official Secrets Act with disclosing the insistence of MI5 and MI6. We are therefore
information gathered during his MI6 left with no option but to air our grievances
employment, and remanded in custody. His publicly '" (NZ Listener, 3 Oct 1998).
treatment was vindictive - he was held in a high
security prison; authorities applied, The New Zealand government hasn't treated
unsuccessfully, to have him handcuffed during Tomllnson very well either (see note in PR 16).
court a ppearances "Activist Nicky Hager was disappointed, but not
surprised by Tomlinson's treatment here. 'Our
Tomlinson was charged under the sweeping security services have their closest long-term
Official Secrets Act passed by the Thatcher links with the British The reason why they
government in 1989. He desCribed it as so would have helped on the Tomlinson case is not
sweeping that ' I would have been guilty even if I an assessment of national interest It's that the
had disclosed the colour of the carpets in the whole culture of the place is alliance-based'"
office" (ibid) Tomlinson pleaded guilty, to get a
lighter sentence,and was duly Jailed for 1 2
months. He became the first British agent Jailed
for secrecy Violations since George Blake. 36
years earlier.

Peace Researcher - Page 9


DUring September 1998. ABC activist and British and New Zealand armies expressed
Peace Researcher co-editor Warren Thomson concern - while not willing to take quite the
travelled through some of the provincial centres stance of the ABC
of New Zealand, talking about the work of ABC
and the growing powers of New Zealand's People were captivated by the enlarged photos
spooks. The trip was supported by ABC funds of Waihopai's twin domes that Warren took
and a few donations Thanks to those who before he went on tour (and soon after the
assisted! second dome had been erected) . A couple of
students were interested enough to
The impetus for the tour came from the need to misappropriate one of the pictures l The photos
inform people about the recent massive became an essential prop which enabled people
increase in the capability of the Government who had never heard of the GCSB to grasp
Communications Security Bureau's (GCSB) what was happening in thei r own country.
Waihopai station (the second dish and the move Several of the journalists wanted to use the
to telephOne interceptions) and the preliminary .
pictures. A useful lesson coming out of this IS
results of the court case in Chr'lstchurch where that original photos should be available because
Aziz Choudry is fighting a Davidian battle there is no problem w',th copyright and
against the "rights" of the Security Intelligence acknowledgement Other useful props were
Service ( S I S ) to invade his home and intercept Bolger's 1997 press release announcing the
his communications (The impetus also came development of telephone intercepf lon at
from Murray Horton's insistence that we get out Waihopai, and of course, Nicky Hager's 1996
and do more to publicise our cause l ) book, "Secret Power"

Warren spoke to groups as diverse as the A note on transport: the trains run by the
Taupo Rotary Club and Otago University American private enterprise system ran just as
students. (Some things in NZ don't change - the late as they used to under NZ Rail; the glossy
traditions of a Rotary Club, singing the National new car Warren drove for three days is not his
Anthem and the scruffness of Dunedin's and had to be rented to cover severe problems
student�. He felt the campus looked much the getting to venues where bus timetables did not
same as when he attended the university nearly fit the worst hazard encountered on publiC
30 years ago. And yes, he did know the words to tr�nsport was not uncontrolled kids but the
NZ's national plea for military assistance from
uncontrolled volume of conversation from elderly
the Almighty.) He visited Mosgiel, Dunedin,
Australian tourists.
Taupo, Thames, Hamilton, Gisborne, Napier,
Wellington, Nelson and Motueka. He spoke with
Warren and ABC want to thank all those who
a n umber of journalists, and articles appeared in
assisted in organising the trip and helped out
several community and provincial papers. He
with transport, accommodation and donations
spoke to a number of community groups and
(still being accepted if people feel inclined!)
activists - often in small groups sharing food and .
Hopefully the contacts and information shanng
information - and gave some radio interviews.
coming out of this trip will greatly benefit ABC
(It's worth knowing that Mosgiel is Warren's
activities, and the causes we believe in, in the
home town and that the local paper highlighted
future. The trip certainly demonstrated the
the fact that he is a former head prefect at Taieri
interest once people understand the basic
High School. So there, the secret's out. Local
structures and implications - and the need to
boy makes bad Ed)
peddle the message right across the country.

While some of the activists had a good ABC owes Warren a very big vote of thanks. He
knowledge of the GCSB and S I S , most people
was only back in the country for six months, in
knew little about what was going on and were between teaching stints in Bangkok. In that time
fascinated by some of the examples of covert
he produced two issues of Peace Researcher,
activities which they had not realised took place
and undertook this national speaking tour (the
in this country. In several instances the
first ever by the ABC), which he actually did in
audience remained to ask q uestions well after
three separate stages. Ed.
the designated finishing time and had to be
encouraged to depart I Most people who came
to listen signed the petition to close down the
GCSB (since presented to Alliance MP, Rod
Donald, at the Waihopai spybase, in November
Ed) Even an ex-soldier who had been in both

Peace Researcher - Page 10


AN INTBLLIGENCE TEST FOR MPS
Shortly before returning to Bangkok. for anotlJer
4 In Chnstchurch where Choudry IS suing the
yea(s work teaching English. Warren TilOmson
SIS, the preliminary judgement of the court is
sent this letter to a large number of MPs. We . ve one that gives the SIS powers to break Into
had a few responses - see below Ed numerous premises on the acquIsition of a
warrant requesting to Intercept communications
October 1 0. 1 998 This judgement, if upheld after appeal, would
expand the breadth of covert SIS activity. Wh �n
Dear MP. considered in regard to the 1 996 legislation s
requirement that the SIS contribute to "New
It IS clear from events over the last few months Zealand's wider economic interests·· and the fact
that 1 996 legislation. enacted to provide more that New Zealand will host a full APEC
oversight of New Zealand spy agencies has
conference in 1 999. it seems likely we can
failed to do so. (Specifically I refer to the
expect much increased undercover domestic
Intelligence and Security Act. 1 996; the
surveillance in this country.
Inspector-General of Intelligence and Security
Act 1 996 the 1 996 Amendment to the Security 5. Finally, not only should we be concerned that
Int� lIigen�e Service Act.) I am writing to bring to
the 1 996 legislation has been worse than
your attention key points in relation to the issue
useless we must also note that our spies
continu � to operate at the direction of their
of control of the Government Communications
Security Bureau (GCSB) and the Security
overseas colleagues. The case of Richard
Intelligence Service (SIS) and to ask for your
Tomlinson former MI6 agent, shows that
persecutio �, even of New Zealand citizens, will
response to this issue.
be carried out whether they are
1. The Waihopai spy station.
considered a threat to New
operated by the GCSB near
Zealand's national security or not
Blenheim, has recently doubled its
capability to spy on Pacific
I look forward to your response to
communications by adding a
the above and would welcome
second satellite dish. Besides
comments as to your position on
enormously boosting the station's
future legislation to bring the
capacity to intercept
GCSB and the SIS under proper control , and or
communications there has been a highly
the abolition of both agencies
significant quantitative change in that the
Yours sincerely
second dish now intercepts telephone calls.
Warren T homson
2. It is apparent from comments of the
The responses so far
Inspector-General and the Prime Minister that
Waihopai intercepts . some New Zealand
By press time we had received 7 letters from
communications and falsely labels some of its
MPs and one from the Alliance Policy Manager.
work "foreign intelligence" when in fact it
Only two of the letters contained any s ubstance:
involves one leg of the communications
one from Alliance MP Matt Robson and one
operating from this country.
from the Alliance Policy Manager.
3 Establishment of the office of Inspector­
We were informed by secretaries that the
General (in the 1 996 legislation) has provided
"information" would be g iven to MPs Graham
no sureties for New Zealand citizens. To date
Kelly and Deborah Morris but with no
the Inspector-General has reported three times
suggestions that responses would be
on the spy agencies and found no problems.
forthcoming. Phillida Bunkle passed the letter on
This, from an ex High Court Judge, should
to Matt Robson Three Labour MPs, Steve
ordinarily be accepted. However, the fact that he
Maharey. Lianne Dalziel and· Annette King
dismissed the complaint of Aziz Choudry,
passed the matter on to Helen Clark for
neither confirming nor denying SIS involvement.
response. But Maharey said he would actually
when the SIS has now accepted liability in court
discuss the intelligence matters with her. Will
for the break in of Choudry's house. casts
we hear further from him about the outcome?
serious doubt on the independence and
credibility of oversight by the Inspector-General.
Here is the substance of Matt Robson·s
(The SIS broke into Choudry's house while he
response-
was involved in activities opposing the 1 996
meeting of APEC Trade Ministers in this
country)

Peace Researcher - Page 1 1


"You will be aware that the Alliance is opposed We appreciate the responses from Robson and
to the current legislalion and has advocated the from the Alliance Policy Manager, Tony
following Simpson But we have written to them to correct
the frequent and Significant error that the
That all secunty and Intelligence agencies committee overseeing the intelligence agencies
should be under parliamentary control and IS a select committee The Intelligence and
that the Parliamentary Select Committee Security Committee IS not a select committee.
overseeing their activities should have See the letter to The Press by Bob Leonard
representatives from all parties in elsewhere In thiS issue for further comment on
Parliament [Emphasis added EdJ thiS tOP'C

2 That there should be a review as to The response thus far has not been impressive
whether or not the SIS should exist. We and it probably won't Improve much. It clearly
favour having its functions taken over by shows the need for those of us who are deeply
the police so that it becomes an concerned about the excesses of the SIS and
accountable body GCSB, and the total lack of oversight of their
nefarious and illegal activities, to put the facts in
In regard to the GCSB we do not agree with the front of the our representatives and respectfully
activities that it carries out and would want a demand their attention and action. The agencies
total review of its role and functions." are out of control and Parliament as a whole has
nothing to say in the matter.

Sl���HS ,

As for the SIS itself, it goes plodding along. The functions of the SIS be diVided between the
Choudry case is extremely bad public relations police, a reorganised unit in the PM's Office
after the April 1998 release of its glossy booklet, (incorporating the External Assessments Bureau
"Security In New Zealand Today" (see PR 15, and fed by the GCSB) and a security advice unit
June 1998, "SIS Comes Out Of The Closet - within another Government department.
Nof/". Ed.) It obviously feels the time is right to Barnett's piece carries the disclaimer that the
remind the ungrateful NZ public of the invaluable views expressed are his and not Labour Party
service it performs. The Spring 1998 issue of policy.
New Zealand Defence Quarterly published an
article by Victoria University academic, Jim The history of the SIS comes out in places like
Rolfe, entitled "The Spycatchers". It recounted obituaries. For example, the Evening Post
how the SIS had saved us from the KGB and ( 13/8/98) eulogised the late Tim Bennet! whose
was now fully occupied saving us from the likes S I S jobs included heading counter-espionage;
of fiendish Chinese scientists trying to pinch our counter-subversion and counter-terrorism; and
apple secrets. Not the slightest mention of its the Wellington-based field staff. His career
total failure to detect, prevent or catch the included all the SIS "triumphs", such as the
French spies sent to bomb the Rainbow Warrior Sutch case. He retired in 1991. For the record,
(killing one crewman in the process). Most he wasn't gunned down by vengeful Russians
interestingly, the article is illustrated by a couple but died of a heart attack whilst walking his dog.
of actual SIS photos of the 1974 arrest of the
late Dr W.B. Sutch, on a Wellington street as he Of more current relevance is the Privacy
met with a Soviet diplomat. "Although Sutch was Commissioner's attempts to get the SIS (and
subsequently found not guilty, Soviet diplomats GCSB) to agree to drop some of its exemptions
who were stationed here at the time have since from the Privacy Act (see PR 14, December
confirmed that he passed material to a KGB 1997; "Intelligence Agencies And The Operation
officer" (ibid). Bill Sutch has been dead since Of The Privacy Act". Ed.). The Commissioner,
1975, so a retrospective smear campaign is Bruce Slane, wants the SIS to ensure that the
quite safe. The Choudry case is covered information it collects is gathered for a lawful
(subheaded "That Christchurch Incident"). "The purpose and that it does not keep data longer
fact that the Service is defending this case than is lawfully necessary. Don Mclver, SIS
indicates . . . that there appears to be a case to Director, is prepared to accept the first but not
answer. One can only presume that the SIS the second. He defended the right of the SIS to
believes that the Service's defence will be intrude: "The more intrusive aspects of the
sufficient to support its case in court" (ibid). It Service ' s work affect a very small proportion of
also includes a page from Tim Barnett, Labour the population" (NZ Herald, 10/9/98; "Spies
MP for Chnstchurch Central, urging that the ready to give up some rights on privacy").
Continued on following page...

Peace Researcher - Page 12


In late November 1 998 Bob Leonard received a It IS obvious from the current case of the illegal
letter from Bruce Slane, Pnvacy Commissioner, SIS break-In of AzIZ Choudry's home in
announcing his completed review of the Privacy Chnstchurch that employing legal means to
Act (1993) and report to the Minister of J ustice obtain information IS not a high priority for
The report runs to 435 pages and " . . goes agency spies One might even wonder how this
through every section in the Act and discusses case ever got Into the courts given the
its operation d unng the Act's first five years" exemption of the SIS from Privacy Principle
number 4 One also wonders why Mr Slane
The Anti-Bases Campaign made a submission chose not to question that exemption, if In fact
to the review and Bob Leonard appeared In he did not In his final report. ABC certainly
person to testify before Bruce Slane in called that absurd exemption to his attention in
December 1997. Our focus was of course the both our written and oral submissions.
exemptions of New Zealand's intelligence
agencies, including the Government When It comes to privacy violations the powers
Communications Security Bureau (GCSB) and of the GCSB make those of the S I S pale by
the Security Intelligence Service (SIS), from key comparison The communications "vacuum
privacy principles in the Act cleaner" at Waihopai has been described in
detail in PR, so we don't need to repeat it here.
An article in the NZ Herald ("Spies ready to give Suffice it to say that the concept of "privacy" of
up some rights on privacy", 10 Se pt 1998) gave satellite communications is a vast joke. There is
some insight into what Slane's report will no conceivable way that anybody's privacy can
recommend regarding the agencies: "At present be protected from the prying ears of the
intelligence agencies need to stick by only three international Signals Intelligence community.
of the 12 privacy 'principles' in the act Mr Slane
has proposed expanding their obligations, The Herald article cited above also contained a
requiring them to ensure that the information wonderful quote from Ray Parker, director of the
they collect is gathered for a lawful purpose and GCSB: "Intelligence organisations are
ensuring that they do not keep data longer than themselves part of the fabric of a democracy
is lawfully necessary." and it is essential that they be both given the
tools they need to discharge their functions and
According to the Herald, Don Mclver, director of are freed of constraints which impair their ability
the SIS, "accepted that the service should to operate effectively in the national interest".
collect information on people only for a lawful We would have to say that Parker's spies have
purpose". Conspicuously absent from both pretty much got their wishes fulfilled when it
Slane's recommendations and Mclver's comes to tools and freedoms. We seriously
tentative concessions was any mention of question the bit about the "national interest".
Information Privacy Principle number 4 which
says: "Personal information shall not be ABC has ordered a copy of the Slane report (at
collected by an agency by unlawful means . . " . a cool pre-release price of $96 plus GST and
[Emphasis added. Ed ] shipping). We will be studying the
recommendations carefully as they relate to the
Continued from previous page... excesses of the GCSB and the SIS. SIane's
But the practicalities of using the Privacy Act in cover letter states: "Those who intend to follow
relation to the S I S are daunting. Christchurch the review through subsequent processes, such
man, Richard Suggate, has waited four years so as the Government's consideration of the
far for any progress in his complaint to the recommendations and resultant select
Privacy Commissioner about the refusal of the committee hearings, will need to study it"
SIS to confirm or deny that they hold a file on [Emphasis added. Ed 1 The reference to select
him. He has written to the Minister of J ustice to committee hearings is provocative since the only
find out why it is taking so long and whether the committee that can consider recommendations
delay is due to the failure of the SIS to regarding intelligence agencies is the
cooperate with the Commissioner Intelligence and Security Committee, and it is
most decidedly not a select committee. And this
So, business as usual. Break-ins, smears, is the committee that is now trying to push
secrecy and bureaucratic stonewalling The through legislation to make it legal for the SIS to
Government is looking to save money. Well, the break into private homes. We'll have plenty
SIS costs over $ 10 million per year. That would more on this one in the next Issue of PR
be one cut that the public would fully support . Bob Leonard

Peace Researcher - Page 13


�LIGE.NCS AND SECURITV COMMl'rTEE
"Nothing to Report"
Oversight of our so-called intelligence agencies Apparently the 9 December Appeal Court
IS proving to be a farce, as predicted by many decision in the Choudry case did get Mrs
back in 1 996 when legislation created the Shipley's attention because it goes against the
Intelligence and Security Committee (ISC) and SIS and challenges her support for withholding
the Inspector-General of Intelligence and documents from the High Court judge and the
Security The court case against the SIS over plaintiff The ISC will "discuss its implications"
ItS bungled break-in of Aziz Choudry's home has ( The Press, 1 0 December 1 998). Given its
torpedoed the credibility of the Inspector­ record on meetings, that is not likely to be soon
General as a source of reliable oversight (see
story elsewhere In this issue). At its meeting on 1 December the ISC was to
consider ABC ' s petition to abolish the GCSB
Now we have the latest report of the ISC on ItS But whether that actually happened is not known
grand total of two meetings in 1 998. According because the meeting was cut short by Mrs
to a story in The Dominion (5/1 2/98) the ISC Shlpley running off to the press conference to
"reported to Parliament this week that it had announce that a third frigate would not be
nothing to report" What does it take to get the bought
ISC's attention that something might be
seriously wrong i n SIS-Iand and require a bit of
"oversight"?

Questions to Ms Shipley about


the GCSB and Waihopai

Both Rod Donald and Warren Thomson have Rod was understandably curious about where
been pestering the Prime Minister with the money came from for the expansion of
questions. Some of the answers are slightly Waihopai in recent months. The P M refused to
informative, even when they are outright answer. The new dish and radome plus
refusals to answer. Here are the high (Iow? ) technical capability to intercept telephone calls
points. cost several million dollars, but the government
is unwilling to tell us how it was budgeted or the
Warren asked for the GCSB definition of exact amount. She denied the money came
"terrorism". There is none in its rules. JS said from "sister agencies" like the US N ational
the GCSB would apply the definition used by the Security Agency or from the Brits or Aussies.
SIS which involves violence to achieve political
aims. When asked if the telephone interception had
yet commenced at Waihopai, JS refused to
Both Rod and Warren asked who "at the highest answer. All that money spent and she won't
level" approves revealing the identity of New even tell us if it works.
Zealand citizens in intelligence reports. Answer:
the GCSB d irector, Ray Parker. I n answering Rod was understandably interested in recent
this question, JS is admitting that New reports that the Australian Defence Signals
Zealanders' names can appear in finished Directorate was to engage in contracting for
intelligence reports sourced from the GCSB and services from private British Aerospace
that approval has nothing to do with any employees (Le , privatising some of the
Parliamentary oversight. JS would not reveal functions of the DSD, Aussie counterpart to our
how many times such high level approval to GCSB). If so would they get information from
identify NZ citizens had been given the GCSB? No answer.

Warren asked if the GCSB deliberately targetted . Bob Leonard


communications involving New Zealanders. JS
refused to answer, appending some totally
u n informative definitions of "foreign" to her non­
answer. Asked if the GCSB provides
communications Interception services to the
SIS, JS again refused to answer

Peace Researcher - Page 14


UNCLE SAM BACK IN THE PHILIPPINES
Senator J oseph ' Erap' Estrada was one of and was raped by her captors I n another
those who voted not to renew the century-old InCident, on Apnl 2 1 , 1 987, Isagani Ploqulnto
US bases treaty, in the historic 1 99 1 climax to and Rowena Custodia were sprayed with bullets
the P h ilippines anti-bases struggle But when they passed by the Crow Valley Finng
.
President Estrada (he won the 1 998 election, for Range The two Victims sustained multiple
a single six year term) has no problem with an gunshot wounds
Increasingly close military relationship with the
US. H e i nherited the highly controversial VISiting "Worse, the VFA does not guarantee that local
Forces Agreement (VFA), Signed by the Ramos courts will have J urisdiction over American
governrnent in February 1 998. President Fidel personnel committing criminal acts. Should
Ramos very wisely left this hot potato to be there be a crime perpetrated by an American
submitted to the newly elected Senate, where it soldier it could very well be passed off as 'an act
needs two thirds support to be ratified.The US of official duty' and/or the U S may compel the
has been pressing hard for ratification, pnmarily Philippine government to turn over the suspect
through its Ambassador, Thomas Hubbard, but to them, 'This shows that the agreement is one­
also by sending in the big guns to do some not sided, with the US government getting the better
so subtle armtwisting, In July and August end of the deal, as the case has always been.
Madeleine Albright, the Secretary of State, and We believe there is a hidden agenda here, that
William Cohen, the Secretary of Defense, visited is, the granting of immunity to American
the Philippines (AI bright carried on to New offenders' .
Zealand, the first US Secretary of State to visit
since the mid- 1 980s). The US has applied "Under the VFA, there is no provision preventing
carrots - the offer to sell the Philippines F/A- 1 8 the entry of weapons of mass destruction
jetfighters for $ U S 1 00 each - and sticks, namely (nuclear, chemical and biological) into the
threats to Philippines garment and country. And the poor Filipinos could not
sugar exports to the U S . Estrada scrutinise or even question what their Big
claimed that I nternational Monetary Brothers are bringing in as pasalubong
Fund ( I M F ) and World Bank loans (presents), 'With its loopholes on the
would be imperilled if the VFA isn't issue of nuclear weapons, the Filipino
ratified, the same sort of panic­ people will be living dangerously and
mongering arguments that were heard under a climate of uncertainty and fear
in 1 99 1 . Accidents or leaks will be costly to the
lives of the people and would imminently
Essentially the VFA opens u p all of the harm the environment'.
Philippines to the US military " the next
best thing to actual bases - with special rights at "'The Amencans need the VFA, we don't. With
22 ports and other facilities. It bestows the all its loopholes and one-sidedness, the VFA
equivalent of diplomatic immunity on US military can only be advantageous to the US. It is
personnel in the Philippines, exempting them obvious that the Americans are using this
from local law. Militant union leader, Crispin strategy of creating military allies to secure its
Beltran , chairman of the Kilusang Mayo interests in the Asia/Pacific region. The VFA is
Uno/May First Movement (KMU), said "The an attack to the Filipino people and undermines
VFA is even worse than the treaty we rejected in our sovereignty, Only the Violent Forces of
1 99 1 " (Correspondence, July-August 1 998) America will be protected by the VFA And
while the Estrada government acts fast in giving
A broadbased opposition sprang up, under the protection to the US, it drags its feet in providing
umbrella of the Junk VFA Movement Tens of justice to the victims of human rights violations'"
thousands rallied in Metro Manila in mid (press release, 1 6/8/98).
September, after protest caravans had
converged there from all around the country The VFA is not the only military tie to the U S
Filipinos have bitter memories of indignities There i s also the 1 95 1 Mutual Defense Treaty, a
inflicted on them during the more than nine Cold War relic (same vintage as ANZUS) which
decades of US military presence Antonlo remains In force indefinitely. As many as 20 U S
Liongson, deputy secretary general of human military exercises per year are conducted In the
rights group KARAPATAN , said "In 1 987. a Philippines under its ambit For example, in July
certain L ourdes Ramos, 39 years old. was 1 998, the U S and the Philippine Navy conducted
arrested by two American personnel while an 1 8 hour live-fire exercise near Scarborough
scavenging InSide the Clark Air Base At Shoal (the ownership of which is militarily
gunpoint, she was forced to take off her clothes disputed by China, most recently in 1 997).
Without either Estrada or his Defense Secretary.

Peace Researcher - Page 1 5


Orlando Mercado, knowing about It There is still All the signs point to the anti-bases Senator
the unresolved problem of cleaning up the toxic having become the pro-US President, flying In
waste left behind at the former US bases at the face of the overwhelming majority of the
Clark and Subic Filipino people

The AFP (Armed Forces of the Philippines) are patrol vessels, two fast attack craft and six new
not large by Asian standards but they have inshore patrol boats (New Zealand companies
hugely influenced Filipino politics and have a tendered for some of this work).
sordid history of activities and operations that
supported oppression and trampled human Currently the Navy has a number of new US and
rights. Past and present generals (like ex­ Korean designed inshore patrol boats, but the
President Ramos) are a central part of larger vessels are mostly ex-US Navy ships of
'democratic' government Some have been World War II vintage. Servicing and acquiring
heavily involved in illegal logging and various spare parts for these is a major problem.There
corrupt business operations is a very old ex-US Navy frigate, nine old
m inesweepers/escorts, and about 50 inshore
The Army has fought long running internal wars patrol craft The Navy has some tank and
against the communist New Peoples Army, and infantry landing craft and various support
Muslim separatists in Mindanao. In these vicious vessels. It operates eight maritime patrol a ircraft
internecine struggles the Army has and ten helicopters. At present there
utilised local paramilitary forces to are about 23,000 personnel in the
terrorise dissidents. The paramilitary, Navy, including a force of
designated Citizens Armed Forces approximately 9,000 Marines.
Geographical Units (CAFGU), number
about 60,000. Their brutal covert The Army has about 68,000
"security" activities continued after the personnel in eight infantry divisions
demise of Marcos, under both with three engineer brigades. There is
presidents Aquino and Ramos. a light armoured brigade equipped
with 40 Scorpion light tanks - the type the New
In recent years the focus of Philippine military Zealand Army is currently scrapping as
activity has moved to Navy operations. This is obsolete. The Army has eight artillery battalions.
due in large part to disputes that various Asian It provides a Presidential security force.
countries are having over the Spratly Islands, Significantly, a key role is the maintenance of
tiny islands lying between Vietnam, Brunei and "public order" and a large part of the Army
the Philippines. There are disputes over other comprises the Philippine National Police which
small rocks which might also signify possession is integrated into the armed forces. More than
of significant mineral and fisheries 100,000 personnel are listed in the reserve
resources. The Philippines Government has force.
officially incorporated part of the Spratly
archipelago into its provincial administrative Forty combat aircraft and more than 100 armed
system. There have been minor military helicopters are operated by the Philippines Air
skirmishes with China, and arguments with Force in an organisation heavily geared towards
neighbours over the seizure of fishing boats and counter-insurgency operations. Serviceability is
crews. The geographical nature of the country questionable because in recent years there has
makes its Navy much more significant in been a shortage of funds for maintenance and
international military terms than the other parts. Less than half the squadron of F-5A
sectors of the armed forces. fighter bombers is probably available for
operations and the two other significant ground­
In February 1995 the Manila Government attack squadrons are also probably in poor
passed legislation allocating 170 billion pesos condition.
[$NZ3.7 billion, at 1998 exchange rates) over a
15 year period for the purchase of modern The 1996 Budget allocated 3.6 billion pesos to
weaponry This is mostly intended to go to "defence". This was just under 9% of total
upgrading a N avy that is weaker and much more Government expenditure. Although the
outdated than those of most of its neighbours. In Philippines does not appear to have suffered the
1997 it was announced that the intention was to dramatic economic downturn of other Asian
create a new Navy with more than 60 ships. countries, the ongoing economic problems will
However, most of these will be smaller patrol be worsened by current global trends and there
vessels. Construction is under way of two new will be less money available for Government
corvettes, three seagoing larger

Peace Researcher - Page 16


spending - including expenditure on the AFP. It Recently there have been worrying Signs that
is possible that the 15-year modernisation Washington is creeping further back into a long
programme instituted In 1995 may have to be term military presence With a worsening
cut back economic outlook the Manila government will
look to further rely on Washington to maintain its
Between 1947 and 1991. when the Filipino military and diplomatic frrepower (see e/swhere
people h istorically rallied to reject treaties giving In this Issue for details of the Visiting Forces
Washington the right to base its armed forces In Agreement Ed. )
the Philippines, the Manila government relied
heavily on American forces for International See Peace Researcher 1 6 for Warren's study
security and concentrated on impOSing Internal on the rest of Asia's military build up. Ed.
political controL In December 1994 an
agreement was signed which authorises US
naval vessels to be resupplied and repaired in
Philippine ports

Towards the end of 1998 there were several unacceptable. Truce supervision has involved
current proposals for large-scale military soldiers in Bougainville, Israel, the Sinai, and
spending to u pgrade and replace equipment in Yugoslavia. Pairs or small groups of personnel
all three of the New Zealand services. The third have been advising on mine clearance
frigate debate has been on-going and the operations in Angola, Mozambique, Cambodia,
current government seems bent on not only and Laos During 1998 the army was
acquiring another new frigate, but also on reorganised with a single operational level
purchasing F-16 fighters for the air force and command at Trentham, two Regular Force
new weaponry for the army. Max Bradford, infantry battalions, a light armoured regiment, a
Minister of Defence, and business interests field artillery regiment, and engineer regiment,
spear-headed by former Rear-Admiral three signals squadrons, and logistics groups.
Somerford Teagle, were campaigning for public There are about 3,680 Territorial force soldiers
acceptance of new spending. But what is the in six infantry battalions, with the Special Air
current standing of this country's armed forces? Service group (SAS) getting $5.42 million in
What do they do? And where is the public publicly announced costs. The army carries out
debate that should ensue before we are war-gaming and command exercises with
committed to more very expensive and long­ Australia and operational exercises with
term m i litary purchases? Australia and other Pacific region countries

The budget allocation for New Zealand's military The Air Force: The Air
forces for the 1988/99 year is $1.634 billion, Force role is to provide
about 1.4 per cent of GDP. [See box below ] In forces for maritime
June 1997 there were 9, 462 personnel in the surveillance and
NZ military - 2,080 in the navy, 4,391, in the reconnaissance, air to
army, and 2,991 in the air force. For several ground support ("offensive"
years there has been a reduction in the numbers operations) and general air
of personnel - especially from highly-trained transport. Each year it
personnel that can get lucrative civilian jobs - participates in exercises in Australia and South­
and plans to increase numbers will be another East Asia, including air transport and tactical
factor in future expenditure. Of current spending helicopter operations, and anti-submarine
$40 million is going to the second frigate and warfare competitions. In September 1998 eight
$12 million on overseas deployment (which Skyhawks from Ohakea, supported by Orion,
includes assistance to the U nited Nations and Hercules and a Boeing aircraft, spent five weeks
other internation,al agencies) exercising with the Australian and Singaporean
defence forces. The Orion surveillance aircraft
The Army: The 'mission' of the Army is "To patrol our 200 mile exclusive economic zone
provide a land force capable of contributing to regularly and sometimes carry fisheries officers
the security of NZ and protecting its people and The headquarters are in Auckland, where the 6
interests". The Army deploys small numbers of Orions and several transport aircraft are
personnel In a dozen or so overseas countries - situated, along with most of the helicopters. At
often, it must be said, for quite laudable Ohakea, near Palmerston North, the air force
purposes but sometimes in areas where military stations 12 elderly Skyhawks, along with 17
operations are dubious and sometimes (In the Aermacchi jet trainers and 15 propeller-driven
case of the SAS) covert and almost certainly trainers. All pilot training takes place here

Peace Researcher - Page 17


Usually SIX Skyhawks are stationed In New contacts continued unaffected
South Wales at Nowra In the past there has through the ANZUS crisis. H e
also been a detachment of lroquois helicopters obt211ned Information under the
In Chnstchurch, with most ground training being 0 1 A which shows in 1 995/96
carned out at Woodbourne RNZAF base, near NZ personnel attended 67
Blenhelm Replacements for the recently retlCed technical panel and working meetings with US
Andover transport planes are being sought I n defence sCience people These related to
October 1 998 consideration was being given to military strategy tactics and technology
buying almost new F� 1 6 fighters from planning The alC force participated m 20
Washington. The planes are AlB models which meetings with the US Arr Force involved The
could carry out air defence and ground support details of the major agreements between NZ
options uSing similar weapons to those of the and UKUSA countnes �including USA are �

Skyhawks they would replace. New F�16s with secret. [NZ Defence Quarterly, Autumn 1 998]
up�to�date electronics cost about $30 million
each Other Activities: The military still supports
nearly a hundred cadet units sea, air and army.

The Navy: The functions of this In 1 997 there were more than four thousand
branch of the services are probably cadets m training. Since 1 995 the Army has also
less clear and more controversial been conducting a "limited Service Volunteer
than the others. Vastly over�priced Scheme" providing a few hundred young
and over�sized for fishery protection unemployed volunteers with six weeks
or rescue operations, our combat residential tramlng In outdoor activities and life
vessels are believed by many to be potential skills. Even within the peace movement opinions
target practice if ever used in a role separate vary on whether thiS represents a useful role in
from major combatants or air cover (and maybe the community for soldiers or a more sinister
even then) This means the ships are useless in militarisation of this society. And the military
a conflict zone unless they are operating continues to provide assistance in the wake of
alongside a major "ally", and possibly in any disasters in the Pacific Region, such as the New
situation where an enemy has a modern military Guinea tidal wave, support to New Zealand civil
force The new frigate Te Kaha is now in service defence and search and rescue, to departments
after needing its engines overhauled a few such as conservation and fisheries, and to the
months into commission. (Three serious defects Antarctic programme
were found i n the gas turbines and main cruise
diesel engines of the $460 million vesseL) The Trained Personnel Crisis: Over the last
second ANZAC frigate is now close to decade the number of people leaving the armed
completion and is scheduled to enter service in forces has created enormous problems for the
1 999. Recently the Australians have said they military. David Barber, in New Zealand Defence
will need to upgrade their sister ships because Quarterly, reports that in March 1 998 more than
already their electronics and weaponry are one quarter of the Navy's officers were still
outmoded. Faith in New Zealand selection of under training, and in 1 995 the Air Force lost 45
appropriate vessels must be lacking � the of its 1 84 pilots [Winter 1 998] During 1 996 staff
support ship Charles Upham was found to be numbers overall plunged from 1 1 ,745 to 9552,
unsuitable for its role soon after going into with highly trained staff leaving for better civilian
service. I n the near future the navy's combat positions. At that time, according to the
forces will consist of two ANZAC frigates and Christchurch Press [18 October 1 996] the Navy
one aging Leander class frigate (the was losing a quarter of its marine engineers
Canterbury). The frigates, overall, cost about annually and the Army's rifle battalions were
one million dollars every day The Navy one�third below strength. Although personnel
maintains it needs four surface combatants to were usually taken on for a twenty year
carry out its designated functions There are engagement, most left long before this period
four anti�mine patrol vessels, and about 400 was up Pay rates are given as the most
people in the volunteer reserve. NZ ships common reason for resigning technically

participate in exercises under the Five Power trained personnel can earn more in the private
Defence Arrangements (with U K, Singapore, sector. Since 1 996 some changes of conditions
Malaysia and Australia) as well as other have been made and retention payments and
exercises with Australia and regional navies. bonuses instituted There are periodic
Two frigates have patrolled with "Allied" navies recruitment campaigns With these measures
in the Gulf region. and New Zealand's employment situation further
deteriorating, the loss of trained personnel has
Military Connections under UKUSA: Bob been countered. We should all be grateful that
White has pointed out that the NZ Services have the attntion rate is dictated by factors other than
a wide range of contacts with the countnes In bloodshed (The advertising campaigns never
the secret intelligence network UKUSA ( U K, say anything about people being trained to kil")
USA Canada, and Australia) He says these � Warren Thomson

Peace Researcher � Page 1 8


Note s on Militar'j Spe nding
The Government intends to Increase NZ defence For the current financial year Tony Blair's Labour
spending New Zealand's commitment of 1 4 Government will spend 2 2 . 624 billion pounds on
percent G D P to defence is currently a greater defence 7 percent 01 expenditure and 2 . 7 per cent
-

proportion than the Canadians spend on defence, of GDP. S'x to eight percent of Canberra's budget
but less than Australia, and less than most other goes to the armed forces
western states. The amount varies from year to
year, depending on large budget items such at Besides the pressure to provide more financial
frigate costs. and of, course on variations in GDP resources so that the military can retain or increase
Itself. personnel numbers, other huge costs are looming
for the defence forces and the Government has
In 1 995-96 we spent 1 . 5 percent of GDP on plans to spend an extra $663 million over
defence In 1 997-98 Government next five years. Budget calculations
expenditure in total was about 33 billion to consider replacement armoured
dollars and the defence allocation was vehicles for the Army (about $ 1 6 0 million),
approximately 1 .620 billion - about 4.86 the Air Force's Skyhawks, transport
percent of all government spending aircraft, helicopters, possibly a third new or
second hand frigate and new
The arnount has shown a slight increase in communication equipment Some of this equipment
appropriations over the past five years but defence is likely to be leased in order to juggle heavy
proponents insist that there has been a significant spending pressures over a few years.
cut in defence spending, in real terms, over the last
decade. Thirteen to fifteen percent of the Thai Finally, there's an odd symmetry in our defence
Government's budget goes on the military, about 6 spending: in 1 996 "we" decided to spend $40
percent i n Sweden ( 1 996), and (an interesting million on heat-seeking missiles to offer soldiers
comparison) about 4 percent of Finland's some protection from aircraft while also purchasing
government spending in 1 995 was on their armed equipment to protect the Hercules from being shot
forces. down from the ground!

About Peace Regearcher


Peace Researcher is published quarterly by the Anti-Bases Campaign, Christchurch. The
editors are Mu rray Horton and Bob Leonard (Warren Thomson is currently on overseas
leave). Our journal covers a range of peace issues with emphasis on foreign military bases
and intelligence topics. Contributed articles will be considered for publication based on
subject matter and space requirements. We are particularly interested in reports oforiginal
research on peace topics in Aotearoa and the wider region of Australasia and the Pacific.
Our address is:

Peace Researcher
P 0 Box 2258
. .

Christchurch
Aotearoa/New Zealand

Peace Researcher Page 1 9


SIS Petition Launched
Time is Short
Rod Donald, Greens MP a n d party co-leader, launched /Iave the power to break Wo our homes, that the SIS
a petition on Tuesday Just before Christmas, Called the should be stopped from spylllg on people solely
' S I S Petition to the House of Representatives It IS because they IlOld different views from the government
being CIrculated widely and qUickly for signatures with on what IS In New Zealan d s 'IIlternatJonal well-iJe!l) g 01
a deadline of 5 February 1999 economic well-bellJg that parll8ment IS the nghtful
place to scruhmse Intelligence and secunty agencies
A copy of t h e petition IS enclosed with thiS Issue of and that it may be more appropnate for the Police to
Peace Researcher Please feel free to photocopy the have the responsibility for protechng New Zealand
u n signed copy and CIrculate for signatures among your from 'acts of espiOnage sabotage, and terronsm
like-minded fnends and family
'Therefore we respectfully request
The petition was launched at a m e d i a conference That the House of RepresentatIVes not pass the New
outside the C h n stchurch main post office (see photo) Zealand Secunty Intelligence Amendment Bill tighten
near the post box for the Security Intelligence SerVice, the defmltlon of 'secunty' m the New Zealand Secuflty
the only address for the Chnstchurch office of the S I S Intelligence and Secunty Committee Act and IIJstitute
that i s listed in the phone book a select committee enqLllry mto whether the SIS
should b e abolished and Its responsibilities returned to

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