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!
Ever since Davld Small caught unidentified
Security I ntelligence Service (SIS) agents
breaking into the Chrlstchurch home of AZlz
Choudry, In July 1 996, Peace Researcher has
regularly reported the story in considerable
detail So, rather than go over it all again, we
refer you to previous issues, particularly
throughout 1 997, PR hasn't mentioned the case
for quite some time, because we have been
waiting for it to get to court, and until that
happens, evidence is sub judice
Aziz finally got his day in the C h ristchurch High
Court, in J u ly 1 998, two years after the break-in,
He is suing the Crown for a total of $300,000 for
the actions of the SIS in breaking into his house
(a modest figure compared to the $4,5 million
being sought by a group of Christchurch
flatmates who were traumatised by the police' s
Armed Offenders Squad mistakenly invading
their flat), This is a civil SUit, for breaches of the
Bill of Rights and trespass; no criminal charges
have ever been brought against anyone in the
affair (worth remembering when you reflect that
the police raided the homes of both Aziz and
David Small, looking for "bombmaking
equipment", immediately after the foiled SIS
break in, A hoax bomb had been left at the
Christchurch City Council building, This
mysterious episode has never been explained),
The July 1 998 hearing was not the sUbstantive
case - that is still some way off, at a date to be
fixed, and indeed may never come to court, This
hearing was a preliminary one, common in civil
suits, to settle questions of law and discovery of
documents,
Both sides sought access to documents held by
the other ("discovery") The SIS sent a
representative (whose identity is protected from
publication by law) to the office of Aziz's
C h ristchurch lawyer to examine his material
Likewise, Aziz's principal lawyer, Auckland
Queen's Counsel, Rodney Harrison, sought
access to S I S files on the case, That's where
they hit a brick wall, and the preliminary hearing
became necessary, No evidence was
presented, no witnesses called and cross­
examined; there was no need for Aziz to be
present (but he was, along with a number of
supporters), The hearing was solely a legal
argument over documents that were or, more
crucially, were not before the judge
The first, h istoric, thing about the case IS that it
happened at all It marks the first time ever that
Peace Researcher - Page 2
- Murray Horton
the SIS has been a defendant ,n a court case, It
has only ever been involved ;n one criminal case
before - the notorious and unsuccessful 1 975
trial of the late Dr W, B, Sutch, under the former
Official Secrets Act Plus It has initiated
injunctions to stop publication of various articles
about it But in this epochal case, AzIZ IS the
prosecutor and the SIS the defendant The
second noteworthy thing IS that the hearing took
place in public - there was no attempt to close
the court to the media and public, J ustice
Panckhurst said, at the outset, that the hearing
would be public, The Crown lawyer (assisted by
an SIS representative) had no objection
From the word go, the SIS admitted that it was
responsible for the break-in ("covert entry" is the
sanitised term) This had been known for
months, ever since the SIS filed its statement of
defence to the claim, but was sub judice until
stated in court, If Aziz had not taken court
action the matter would have ended with his
'
appea l to the "proper channels", namely the
Inspector-General of I ntelligence and Security,
PR readers will recall that he ruled, in 1 997, that
"nothing unlawful" had taken place, without ever
confirming or denying that the SIS was in any
way i nvolved, Once the SIS admission was on
the record, "alleged" and "suspected" dropped
from the lexicon of the media, which has given
great coverage to the case, This was another
first - the SIS admitted that it had been caught,
red handed, in a covert operation, But the
defence to the entire claim is that the SIS was
acting legally, in the execution of an interception
warrant And that's where it gets really
interesting,
"National Security" Justifies Everything
There are two kinds of SIS interception warrants
"person" ones and "place" ones The one
authorising the Aziz break in was a person one,
All such warrants have to be authorised by the
Minister in Charge of the SIS, who is always the
Prime Minister, This one had been authorised by
J i m Bolger, back in 1 995, By the time of the
break in it was ten months old, which is very
unusual in itsel!' Rodney Harrison produced in
court the laughably brief SIS annual reports to
Parliament (usually no more than a paragraph
long), proving that the average length of such
warrants is only a few months, It authorised an
SIS officer to Intercept communications Not
long before the actual 1 996 break-In , the
warrant was amended to authorise another SIS
officer (the original one having relired) and
widened Its scope to include seizure of
communications. The SIS admitted in court that
its procedures are so sloppy and so hidden from
public scrutinY that there is no standard form on
which to apply for a warrant Harnson argued
that a ten-month-old warrant was executed on
stale information and could not refer to events at
the time of the break-in
Rodney Harrison argued at great length that,
although the relevant SIS Acts (going back to
1969) authorise interception and seizure, he
could find nothing to authorise any right of entry,
covert or otherwise. He argued that New
Zealand law is explicit, not implicit, so if it's not
spelled out in an act then it's illegaL The SIS
argued that the right of entry was an obviously
implicit attribute to the right of an intelligence
agency to spy on people. A lot of the full day in
court was taken up with arguing New Zealand
and Commonwealth laws and case precedents
on this point That was the central question of
law to be decided.
And that presupposes that the plaintiff (Aziz)
knows anything about the warrant authorising
this State violation of his home. He doesn't,
hence the need to resort to a preliminary
hearing to try and force discovery of SIS
documents. Neither Aziz, his lawyers, nor the
judge have ever seen the warrant The SIS has
withheld all details of it, including the name of
the person or persons targeted by it The
warrant is only one of numerous SIS documents
withheld from the plaintiff and the court. Justice
Panckhurst frequently declared himself
frustrated by the blanket secrecy. Nor was he
overawed by the fact that the SIS heavily rested
its case on a certificate signed by its Minister,
Jenny Shipley, declaring that all withheld
documents should remain off limits on grounds
of national security. He urged the SIS to tell him
what had given rise to the threat to the nation
which warranted the SIS action. "National
security" was the reason given for not
complying. Indeed, the judge said that he failed
to see how a conference and protest action
against a meeting of Asia Pacific Economic
Cooperation (APEC) Trade Ministers (Aziz was
a lead organiser of these activities, on behalf of
GATT Watchdog) could justify the brea-in. As
Justice Panckhurst said: "We are not dealing
with wartime" (Press, 23/7/98; "SIS strives to
keep break-in details secret"; Martin van
Beynen; frontpage lead). Harrison argued that it
would be wrong to allow the SIS to hide behind
claims "that somehow national security interests
are somehow being promoted by what is, on the
face of it, either an illegal or unreasonable act,
or both" (ibid). Harrison argued that Aziz's
substantive case was crippled without access to
those documents
Peace Researcher - Page 3
It was a fascinating day In court, Witnessing the
unique spectacle of the SIS having to publicly
Justify its actions. There was much flowery talk
of 'an Englishman's home is his castle" (Azlz is
alright then. as he s a Pom, albeit a Pakistani
one) There was a faSCinating precedent raised,
of the gay female SIS officer who was instantly
dismissed back in the 1980s for having an affair
with another female SIS officer. She sued the
SIS for unfair dismissal and claimed
discrimination on the grounds that another gay
SI S officer had not been treated the same way
and sought discovery of documents to identify
that person. The case was heard in the early
1990s and she won discovery. It was such a
sensitive matter (not to mention luridly
sensational) that the court ordered that the case
could be reported only in law journals, not the
public media. There was the revelation that the
SIS can contract out its work to "authorised
persons", a disturbing thought given the ongoing
privatisation of police work. Intelligence work is
much more sensitive, and contracting out gives
that vital element that all spy agencies crave -
"plausible deniability"
Judge Gives SIS Sweeping Powers Of
Covert Entry
J ustice Panckhurst reserved his decision, both
on the question of law and on discovery. He
hinted at his view on the latter by asking the SIS
to advise on its choice of procedure should he
decide that he wanted to inspect the documents
himself, before ruling on whether the plaintiff
could access them. A month later, in August
1998, he handed down a 32-page decision. The
media gave most attention to his finding that he
overruled Shipley's certificate of national
security and asserted his right to visit the SIS's
Christchurch office (70 Gloucester Street) and,
in these appropriately secure surroundings,
inspect the relevant documents before deciding
if Aziz can access them. Unsurprisingly, the SIS
appealed this, and no inspection will take place
until that is resolved.
But the real sting was not highlighted.
Panckhurst ruled: "The essential authority
conferred by a warrant is stark and uncluttered.
How interception and seizure in any case are to
be achieved is left entirely at large by the
legislature. That approach must have been
deliberate and, in my view, carries by necessary
implication the result that a power of covert entry
was envisaged". Hence he has come down in
favour of "implicit" over "explicit". And he went
much further. "In the case of a 'person' warrant I
consider that ownership or occupation of
premises by a person identified in the warrant
cannot be the limiting criteria. In other words, if
it is correct that a warrant against a named
person, or persons, carries a power of covert
entry, such power must necessarily extend
to all premises used by the named person or
persons" (emphasIs added. Ed). This gives the
SIS huge powers, carte blanche to break Into
the homes or any other premises of people
believed to be associates of a person or
persons named in an SIS warrant Aziz promptly
appealed this finding
Both appeals were heard by the Court of
Appeal, in Wellington, in November. The major
significance of the case was underscored by the
fact that it was heard by a full bench of five
judges, with the SIS represented by the
Solicitor-General. He argued that national
security overrode Justice Panckhurst's right to
i nspect the withheld documents Once again,
Jenny S h ipley's certificate was cited as reason
enough to uphold secrecy. Rodney Harrison
reiterated the arguments for the discovery of the
documents. On the other matter, he argued that
the interception warrant did not expressly give
the SIS powers of entry without the owner's
permission and therefore their agents were
trespassing. He further argued that the SIS
action interfered with Aziz's right to engage in
lawful advocacy, protest and dissent (which are
guaranteed under the SIS Acts) and therefore it
had exceeded its powers. Finally, by neither
confirming nor denying that Aziz was named on
the warrant, the SIS hampered his case as the
warrant's legitimacy could not be determined.
The court reserved its decision.
9 December 1998 - In a precedent-setting
d ecision today the panel of five judges in the
Court of Appeal ruled unanimously that the SIS
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
breaking an d entering private property means
the SIS must cease and desist such tactics. It
also suggests that others whose privacy was
similarly violated by the SIS in the past may
have recourse to challenge the SIS in court.
A second and equally important part of the
decision gives prime minister Shipley until
February 1 to provide clear and convincing
justification for her certificate backing the SIS's
withholding of vital documents from the High
Court and the prosecution in C hristchurch on
vague grounds of "national security". Aziz stands
vindicated in his appeal against these two
particularly onerous aspects of the Panckhurst
decision in the High Court. Julian Richlieu of the
Un iversity of Auckland law school said on
National Radio that the Appeal Court decision is
an affirmation of the right to privacy of all New
Zealanders.
Peace Researcher - Page 4
The case highlights a number of glaring
deficiencies in the 1 996 Act which gave the SIS
new powers. Its brief was extended to include
threats to New Zealand's "economic security". A
mere fortnight after that came Into effect, the
SIS was caught breaking into the home of an
activist leading opposition to free trade and
APEC in particular (but acting on a warrant that
pre-dated the change). It's an ominous portent
of things to come. Auckland University Law
Professor, Jane Kelsey, a critic of the 1996 Act,
told the Listener (26/9/98; "Caught In The Act";
Bruce Ansley) that Panckhurst's ruling allows
the SIS to act outside the criminal law; it gives
the State precedence over the individual; it gives
the State implicit, not explicit powers; and it
demonstrates the lack of SIS accountability to
anyone, least of all a judge. She rejects
Panckhurst's move to allow the SIS to confide in
him before ruling on discovery: "His
interpretation needs to be informed by legal
argument, and how can you do that without
knowing the terms of the warrant?" (ibid). For
his part, Rod Donald, Alliance list MP and Green
Party co-leader, sought to introduce a bill
extending the powers of the Inspector-General
and removing "economic security" from the
purview of the SIS.
We can't resist including a priceless quote from
Victoria University defence analyst Jim Rolfe
who thinks the Inspector-General of Intelligence
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
bad. It's not the security service you have to
worry about, it's the society" (Listener, 3 act
1998).
Appeal for Money...
Aziz Choudry's case costs money, big money.
$20,000 is sought (and it's very cheering that
over half of that has been raised). But more is
needed, to prosecute this historic suit.
Donations can be sent to the: Democratic
Rights Defence Fund, Box 1905,
Christchurch, NZ.
The Democratic Rights Defence Fund
committee comprises Maxine Gay, President 0
the NZ Trade Union Federation, Or Jim Stuart,
Minister of the Church of St Andrews on the
Terrace, Wellington, Or Jane Kelsey, Professor
of Law, Auckland University, Leigh Cookson 0
Corso, Murray Horton, Campaign Against
Foreign Control of Aotearoa and Anti-Bases
Campaign organiser. and Nicholas McBride,
lawyer.
10 December 1 998
Editor
Tile Press
Christchurch
Dear Sir,
Pnme Minister Shipley IS either Ignorant or being
deliberately misleading in her reference to ". the
parliamentary committee responsible for the
SIS" (Press, 10/12/98) There is no such
parliamentary (select) committee. She chairs
the committee to which she is referring (the
Intelligence and Security Committee, ISC), and
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
the bungled 1996 SIS break in at the home of
Aziz Choudry is not making the vital connection
It took place d uring activities opposing an APEC
Trade Ministers' conference. New Zealand is
hosting all APEC meetings in 1999. Those who
value d emocracy and human rights will need to
be vigilant for plenty more such skullduggery by
local and foreign intelligence agencies. Not to
mention the same sort of police
heavyhandedness that was imposed when
Canada hosted the 1997 APEC Leaders'
Summit
"All in all, APEC is not worth it APEC's free
trade and unrestricted foreign investment
poliCies have got us into the current economic
mess. We don't need it, nor its travelling circus
and armies of police, spies and amateur
burglars. The Government should advise it to
take the year off and leave New Zealand alone,
whilst we repair the damage" (M urray Horton,
letter to Press, 25/9/98).
What happened in Vancouver at the 1997
Leaders' Summit is instructive. It was held on
the campus of the University of British Columbia
and the Mounties' heavyhandedness,
particularly their liberal use of pepper spray, led
to court cases being taken against them, and
such a clamour that an inquiry was opened into
the matter, in late 1998. It has become a
fullblown political scandal in Canada. Groups
ranging from the Anglican Church to the Raging
Grannies (singing pensioners) were classified
"anti-Canada forces" according to official
documents. Sid Shnlad, of British Columbia,
wrote (28/9/98) to the Listener (which published
it only in its on line edition)
Peace Researcher - Page 5
body" which operates under its own statutory
rules. It is outside the JUrisdiction of the Clerk of
the House and not answerable to the rest of
Parliament on matters of Intelligence. The public
should know that true status of the ISC and that
Its four members can do little more than chat
about the SIS break-in In Chnstchurch. Mrs
Shipley should correct her mis-statement about
the committee and own up to its very limited
powers to investigate Intelligence agencies The
director of the SIS can veto any information
request he receives from the ISC
Yours sincerely.
Robert L Leonard
"I read with interest about the bungled 'SIS
break-In at the home of activist Aziz Choudry.
Canada's media is currently dominated by
revelations about unprecedented tactics used by
the Royal Canadian Mounted Police ( RCM P) in
dealing with citizens who exercised their
democratic right to protest at the APEC Summit
in Vancouver last November These matters are
currently the subject of a number of civil cases
and a police Public Complaints Commission.
"Canadians have recently learned that prior to
the beginning of the APEC meetings, there was
widespread police surveillance of groups
opposing APEC. Then, when the leaders came
'
to town, dozens of non-violent protesters were
pepper sprayed on the campus of the University
of British Columbia. Some were arrested for
holding signs saying "free speech" According to
newly revealed police documents, other arrests
were aimed at "eliminating some of the more
high profile members" of anti-APEC groups.
" Internal documents from our Prime Minister's
Office and the RCMP reveal a concerted effort,
on the orders of the Prime Minister himself, to
keep a lid on protest activities These efforts
were based not on concerns for the security of .
the APEC Leaders, but on assurances made to
Indonesian dictator Suharto by the Prime
Minister and the Minister of Foreign Affairs
that Suharto would be spared the
embarrassment of being confronted by
protestors who objected to his abysmal hurnan
rights record.
"The Canadian and New Zealand governments
present themselves as models of democracy
But their willingness to violate the fights of their
own citizens In hopes of promoting trade with
Visiting dictators offers the clearest possible
demonstration of where their true priorities lie
Like many other Canadians, I will be watching
attentively as your government inflicts APEC on
Its citizens next year"
The Canadian government bent over backwards
to accommodate (the since overthrown)
Suharto. But it drew the line when his
bodyguards asked what would be the Canadian
response if they opened fire dn Canadian
protestors! They were told "no way". As Aziz
Choudry wrote to the Press (24/10/98) "A
heavily armed Canadian police emergency
response vehicle secretly tailed the Indonesians,
five of whom were eventually arrested after
repeatedly disobeying security protocols and
raiSing grave concerns among Canadian police
officers that they might shoot peaceful
protestors rather than expose Suharto to
demonstrations ..."
The New Zealand government is determined
that no incidents shall ruffle the smooth pond of
the Leaders' Summit in September 1 999.
Previous such summits have seen major Asian
cities such as Jakarta, Osaka and Manila
virtually s h ut down for days on end by security
procedures to enable the delicate leaders to be
untroubled by seeing any of the actual people of
their host nation. The September summit in
Auckland will be the biggest police operation in
New Zealand history. In October 1998, the
military, police and S I S held Lawman 98, the
country's biggest counter-terrorist exercise,
simultaneously in central Auckland and the
former Wigram Air Force Base ( Christchurch).
In November 1 997 the Anti Bases Campaign
(ABC) held a national strategy meeting near
Picton. The focal point of that gathering was the
launching, in Blenheim, of ou r petition. To quote
from the letter which accompanied it to
Parliament:
Petitioner respectfully submits -
• "That the Government Communications
Security Bureau (GCSB) is a government
spy agency outside the democratic control
of the people and Parliament of
Aotearoa/New Zealand;
• "That the GCSB exists primarily to serve the
intelligence interests of the U nited States
and Britain;
Peace Researcher - Page 6
It involved "truck bombs, hostages", the works. It
was doubtless aimed at "International terrorists"
but also fulfilled the psychological warfare
objective of branding opponents of APEC as
'terrorists' The police were off to an early start,
paying a November 1998 visit on me to ask
about any planned anti-APEC activities in
Christchurch Corso, which has a major
coordinating role in the APEC campaign, has
been contacted by a former senior Christchurch
cop who now works for Corporate Risks (NZ)
Ltd (see PR 1 4, December 1997, "Where Do
Old Spies Go?" Ed)
Not only will we be tripping over our own cops,
goons and spooks, but there will be a whole lot
of foreign ones here too. Most of them are
routinely armed, which is currently illegal here.
The Government has obligingly amended the
Arms Act to enable these bodyguards to bring
their guns with them. If the US Secret Service
aren't allowed to bear arms, then Clinton won't
come. The SIS has been given the job of vetting
the several thousand Kiwis who will have
temporary menial jobs during the summit - all
those potential terrorists amongst the waiters
and bartenders.
So this is the deadly circus coming to our
country in 1 999 (hOW suitably millennial). If you
want to know more about APEC 99 and the
opposition to it throughout New Zealand:
The APEC Monitoring Group can be contacted
at Box 1905, Christchurch.
Ph (03) 3662803; fax (03)3668035;e-mail
gattwd@corso.ch.planetgen.nz
• "That Waihopai can intercept your e-mail,
fax and phone communications and is
exempt from key proviSions of the Privacy
Act and the Crimes Act;
• "That the spy stations at Waihopai and
Tangimoana do not serve the interests of
AotearoalNew Zealand and are a waste of
millions of dollars of tax money::
• "YOUR PETITIONER THEREFORE
REQUESTS THAT THE HOUSE ask the
Government to ABOLISH THE GCSB AND
CLOSE ITS TWO SIGNALS
I NTELLIGENCE BASES AT WAIHOPAI
AND TANGIMOANA IMMEDIATEL Y"
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
collected hundreds of Signatures, and to Gwen
StrUlk of N elson, who kept the petition table at
the Nelson Public library continuously stocked
She was responsible for the biggest number of
Signatures Mind you they had to be carefully
scrutinised for doodles. choice expletives
(usually in front of the words "the Government")
and some imaginary people. Sorry, Sonic T .
Hedgehog and I.P. Nightly, but you didn't make
the final cut The final tally, at the time of
presentation'; was 1,3.73 valid signatures.
Come November 1998, ABC scheduled another
national strategy meeting, at the same venue
near Picton. The petition presentation
was to be the focal pOint The first
question was: to whom to present it?
Protocol dictates the local MP, so we
invited N ational's Doug Kidd. He declinec
because, as Speaker, convention
precludes him presenting other than local
petitions (and he didn't define ours as
local). Rod Donald was only too happy to
accept it " his "beat" includes Nelson and
Marlborough, and he has played an active part
in the Waihopai campaign for several years,
both inside and outside Parliament
As a novel touch we decided to invite the
Blenheim public to join us on a free tour of the
spybase, guaranteeing that nobody would be put
in danger of arrest We hired a van, and
publicised that we would put on a sausage sizzle
for partiCipants (with a choice of vegetarian
sausages). We offered a unique menu of spies,
secrets and sausages. We set the afternoon of
Saturday November 14th as the time and
Seymour Square, Blenheim, as the meeting
place. Only then did we d iscover that Prince
Andrew, accompanied by the PM, was holding a
Royal walkabout there that very morning. We
resisted the temptation to protest in the
presence of Shipley, the Minister in charge of
spies (the GCSB is not explicitly included in any
ministerial portfolio; the PM gets it by default).
The business of inviting locals along must have
thrown the GCSB - after directing the police to
take a tough line in recent years and arrest
anyone setting foot in the paddocks surrounding
the base, GCSB Director, Ray Parker, invited us
(via Rod Donald) to come right up to the inner
security gate. This invitation applied even to
those people subject to two-year banning orders
following p revious Waihopai demo convictions.
We had to promise to "behave", and we were
only too happy to oblige.
Public Toured; Sausages Sizzled
Upon arrival at Seymour Square, we were
pleasantly surprised to discover that genuine
members of the Blenheim public turned up to
Join the tour. They came for a variety of reasons,
mainly CUriosity. A couple said they had no
Peace Researcher" Page 7
problem with the base but Just wanted to have a
closer look at it One fellow said he wanted to
find out about the "two moons" le . the two
domes that dominate the valley In a first, a
number of young Maon JOined us, complete with
a big Maori sovereignty flag (which the base
commander mistook for an Aborigine flag). More
locals, including a family with babies, joined us
at the base Out of the 40-odd people
assembled out there, a good half were the
public. Complete with several banners, we all
walked up to the mner gate, the first time that
had legally happened in years. ABC's M urray
Horton described the history and function of the
base, putting it into the mternational
context of the UKUSA Agreement He
urged everyone to read Nicky Hager's
1996 masterpiece "Secret Power".
The actual petitioner, ABC ' s Bob
Leonard, had been absolutely
determined to make the presentation,
despite being only four weeks past
major abdominal surgery. To make things even
more memorable, it was hiS 60th birthday. He
won't forget having "Happy Birthday" sung to
him at the gates of Waihopai (even the base
commander shook his hand). Rod Donald
stressed that he would take great personal
satisfaction in presenting the petition to
Parliament All three speakers stressed that the
big question now is: where does the petition go?
No select committee has oversight of
intelligence agencies; the 1996 Intelligence and
Security AgenCies Act created the Intelligence
and Security Committee, which is a statutory
body, not a Parliamentary one, comprising the
PM and Leader of the Opposition, plus several
other Ministers and MPs hand picked by the PM
(see PR 13, August 1997, "New Spy Committee
Named", Ed). It was definitely a novelty to be at
the Waihopai gates with not a cop in sight
Perhaps they were all guarding Prince Andrew.
The forrnalities over, we returned to the road,
where ABC's Melanie Thomson and G reg Jones
ran a much appreciated sausage sizzle (marred
only by an uncharacteristic cold easterly wind.
La Nilia is not on our side, apparently),
Strategy Meeting
The ABC national strategy meeting was held in
two sessions, on the Saturday and Sunday
mornings. In another first, we had two
Opposition MPs participating" Rod Donald, and
Tim Barnett, Labour for Christchurch Central
(and they shared the backpackers' lodge
bunkroom with us) Rod, the Greens and the
Alliance are on side (the Alliance's Matt Robson,
who has previously visited the base, sent his
best wishes) There's more work to be done with
Labour (Waihopai was built by the last Labour
government) and speCifically Helen Clark, who
SitS on the I ntelligence and Security Committee
She has w ritten "Labour will continue to support
security systems which meet New Zealand's
needs It IS not correct to portray the activities of
the GCSB as designed to meet American
needs Successive New Zealand governments
have funded the facilities because they Judge
them to be in the interest of New Zealand" (letter
to VOice of Women, Dunedln, 23/9/98)
But Tlm B arnett I S fully sympathetic (he has also
previously Visited the base), He stressed that
ABC and supporters must campaign and lobby
MPs effect ively so that Walhopai, t h e GCSB and
Intelligence issues In general become a
Significant political Issue (which they c urrently
aren't) H e suggested we concentrate on an
incoming Labour/Alliance/Green government
(rather than concentrating on the actual 1 999
election campaign), But regardless of which
parties compnse the next Government, he
recommended we push for an Inquiry Into the
GCSB (with exact terms still to be worked out) ,
The call for such an inqUirY has already been
passed as a Labour Party conference remit We
agreed that campaigning for an inqUiry, whilst
mindful of t h e pitfalls (the peace movement , '
remembers Frank Corner's Defence Review of
the mid 1 980s), is a worthwhile move, and that
vanous tactics will be adopted to lobby for It We
also agreed that if no official public inquiry is
forthcoming, we will organise our own citizens'
one (It IS worth repeating that the ABC IS
committed to the abolition of the GCSB and the
closure of Waihopai and Tangimoana We are
happy to campaign for an inquiry to broaden our
support base among people who do not share
our ultimate aims) Nor have we abandoned
Waihopai demos - we provisionally decided that
we should kick off the new millennium with a
bang and hold a January 2000 protest at the
base, with N elson people bearing the brunt of
organising it (fully supported by the
Christchurch-based ABC, of course),
The whole weekend got the best media
coverage in ages, especially in the Mar/borough
Express (including the separate protest action
against Safe Air's contract to service Indonesian
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
ThiS was organised by Maire Leadbeater, of the
East Timor Independence Committee, Maire IS a
newly elected Auckland City Councillor, and
definitely the only one ever arrested at a
Walhopal demo) A big thanks IS due to local
Greens, Norman and Allson Fletcher who threw
their beautiful home (With its panoramic views of
the Sounds) open to us for the Saturday night,
proViding Bob Leonard with a surprise 60th
birthday party that he'll never forget T h anks too
to Rod and Tim who, by their presence,
demonstrated that thiS is an issue of
IncreaSingly broader public and political concern
It was a productive and morale boosting
exerCise We have been campaigning at, and
about Waihopai for over ten years We're ready
for another decade If that's what It takes to get
rid of the the spies
Petition presented to the Clerk of the House
On Wednesday, 1 8 November, Rod Donald and
Bob Leonard delivered the petition to the Clerk
of the House, David McGee, In his offices in
Parliament We had a brief and pleasant chat
With him and hiS petitions assistant about the
petition and the glaring lack of select committee
JUrisdiction over the affairs of the intelligence
agencies, The petition would be handed over to
a 'foreign body". the Intelligence and Security
Committee, forthWith The ISC does have
statutory provision to consider petitions, Rod
has since informed us that our petition was set
to be an agenda Item before the ISC at its
meeting on Tuesday, 1 December, That was
only ItS second meeting of 1 998. It's nice to
know we gave them, a reason to meet and
something to discuss, We strongly suspect that
given the severely restricted intelligence
oversight powers of the committee and their
very apparent lack of motivation to oversee
anything, their rare meetings are largely
exercises in thumb-twiddling.
Note added In proof As a result of our petition,
ABC has been invited to make a forma/
submission In writing to the /SC The committee
Will then deCide whether ABC will be invited to
MORE ON WHISTLEBLOWER TOMLINSON
First some background from Peace Researcher
1 5 R ichard John Charles Tomlinson. 34, IS a
New Zealander with dual British citizenship A
Cambndge graduate. he was recruited by MI6
British external Intelligence. in 1992 That was a
fateful move. Posted to Moscow under
diplomatic cover, his Job was to trace nuclear
weapons from the fomer Soviet arsenal. In an
unnamed Middle Eastern country (probably
Iran), his brief was to disable equipment for
chemical weapons Bosnia was the flash pOint -
whilst there, to identify war cnminals, he became
aware of claims by a dissident Tory MP that
Serb politicians were maklllg donations to the
Conservative Party Tomlinson decided to
Investigate - the most likely reason why MI6
deCided not to employ him at the end of his
three year probation, citing his tendency "to go
off on his own frolics' (Listener, 24/1/98, 'The
spy who spooks MI6' by Gordon Campbeli)
Tomlinson deCided not to go quietly His
girlfriend had Just died of cancer, he was
depressed, and pissed off at being dismissed.
He wrote letters to his superiors, threatening to
contact a "hostile power" (ibid) In February
1997, M I 6 did a deal with him. They paid him
money for unfair dismissal, in return for him
handing over any secrets in his possession and
a promise not to publish. But, in April 1997, he
reneged, flying to Sydney and offering a book
synopsis to a publisher. Both MI6 and the police
Special Branch came after him - the publisher
handed over the synopsis, which has never
been made public
After his return to Britain, his house was burgled
and his computer stolen. In October 1997 his
house and that of his parents �ere
simultaneously raided, with the seizure of more
files and computers He was arrested, charged
under the Official Secrets Act with disclosing
information gathered during his MI6
employment, and remanded in custody. His
treatment was vindictive - he was held in a high
security prison; authorities applied,
unsuccessfully, to have him handcuffed during
court a ppearances
Tomlinson was charged under the sweeping
Official Secrets Act passed by the Thatcher
government in 1989. He desCribed it as so
sweeping that ' I would have been guilty even if I
had disclosed the colour of the carpets in the
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
The death of Diana
Tomlinson has alleged that Henri Paul, the
driver of the Mercedes In which Princess Diana
and Dodl AI-Fayed were killed in Pans, was a
Bntish spy an MI6 agent Paul of course also
died in the 'accident", an expendable low-level
spy as desCribed by Tomlinson in testimony
before a French magistrate A car accident
under circumstances unlikely to have witnesses
IS a classIc means to permanently dispose of
undeSirable people Tomlinson told the French
judge the circumstances of the crash were
similar to those MI6 conSidered using to
eliminate Slobodan Milosevic, a Serbian most
people would consider to be a bad hombre. But
Princess Diana? She might have been seen by
highly conservative factions within MI6 as a
serious threat to the stability of the Bntish
monarchy If Tomlinson is right, the plan
worked flawlessly No matter that a couple of
other people had to die with Diana, one of them
a spy himself
Tomlinson's father, a resident of Waikato, fears
that his son will also die in a car crash under
suspicious circumstances. When you are an
ex-spy wanted by your ex-employer who may
stop at nothing to silence you (as long as they
can plausibly deny their role), your best defence
is a strong offence. The higher Tomlinson's
profile as a whistleblower the less likely M I 6 is
even to attempt to kill him.
"'My mind sti l l boggles at the stupidity of the
British Government's treatment of myself and
David Shayler [ex-M I 5 whistleblower. Ed.],' says
Tomlinson. 'We have both independently
requested the opportunity to put our grievances
to the parliamentary select committee on
intelligence services, but have been refused at
the insistence of MI5 and MI6. We are therefore
left with no option but to air our grievances
publicly '" (NZ Listener, 3 Oct 1998).
The New Zealand government hasn't treated
Tomllnson very well either (see note in PR 16).
"Activist Nicky Hager was disappointed, but not
surprised by Tomlinson's treatment here. 'Our
security services have their closest long-term
links with the British The reason why they
would have helped on the Tomlinson case is not
an assessment of national interest It's that the
whole culture of the place is alliance-based'"
DUring September 1998. ABC activist and
Peace Researcher co-editor Warren Thomson
travelled through some of the provincial centres
of New Zealand, talking about the work of ABC
and the growing powers of New Zealand's
spooks. The trip was supported by ABC funds
and a few donations Thanks to those who
assisted!
The impetus for the tour came from the need to
inform people about the recent massive
increase in the capability of the Government
Communications Security Bureau's (GCSB)
Waihopai station (the second dish and the move
to telephOne interceptions) and the preliminary
results of the court case in Chr'lstchurch where
Aziz Choudry is fighting a Davidian battle
against the "rights" of the Security Intelligence
Service ( S I S ) to invade his home and intercept
his communications (The impetus also came
from Murray Horton's insistence that we get out
and do more to publicise our cause l )
Warren spoke to groups as diverse as the
Taupo Rotary Club and Otago University
students. (Some things in NZ don't change - the
traditions of a Rotary Club, singing the National
Anthem and the scruffness of Dunedin's
student�. He felt the campus looked much the
same as when he attended the university nearly
30 years ago. And yes, he did know the words to
NZ's national plea for military assistance from
the Almighty.) He visited Mosgiel, Dunedin,
Taupo, Thames, Hamilton, Gisborne, Napier,
Wellington, Nelson and Motueka. He spoke with
a n umber of journalists, and articles appeared in
several community and provincial papers. He
spoke to a number of community groups and
activists - often in small groups sharing food and
information - and gave some radio interviews.
(It's worth knowing that Mosgiel is Warren's
home town and that the local paper highlighted
the fact that he is a former head prefect at Taieri
High School. So there, the secret's out. Local
boy makes bad Ed)
While some of the activists had a good
knowledge of the GCSB and S I S , most people
knew little about what was going on and were
fascinated by some of the examples of covert
activities which they had not realised took place
in this country. In several instances the
audience remained to ask q uestions well after
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
British and New Zealand armies expressed
concern - while not willing to take quite the
stance of the ABC
People were captivated by the enlarged photos
of Waihopai's twin domes that Warren took
before he went on tour (and soon after the
second dome had been erected) . A couple of
students were interested enough to
misappropriate one of the pictures l The photos
became an essential prop which enabled people
who had never heard of the GCSB to grasp
what was happening in thei r own country.
Several of the journalists wanted to use the
.
pictures. A useful lesson coming out of this IS
that original photos should be available because
there is no problem w',th copyright and
acknowledgement Other useful props were
Bolger's 1997 press release announcing the
development of telephone intercepf lon at
Waihopai, and of course, Nicky Hager's 1996
book, "Secret Power"
A note on transport: the trains run by the
American private enterprise system ran just as
late as they used to under NZ Rail; the glossy
new car Warren drove for three days is not his
and had to be rented to cover severe problems
getting to venues where bus timetables did not
fit the worst hazard encountered on publiC
tr�nsport was not uncontrolled kids but the
uncontrolled volume of conversation from elderly
Australian tourists.
Warren and ABC want to thank all those who
assisted in organising the trip and helped out
with transport, accommodation and donations
(still being accepted if people feel inclined!)
.
Hopefully the contacts and information shanng
coming out of this trip will greatly benefit ABC
activities, and the causes we believe in, in the
future. The trip certainly demonstrated the
interest once people understand the basic
structures and implications - and the need to
peddle the message right across the country.
ABC owes Warren a very big vote of thanks. He
was only back in the country for six months, in
between teaching stints in Bangkok. In that time
he produced two issues of Peace Researcher,
and undertook this national speaking tour (the
first ever by the ABC), which he actually did in
three separate stages. Ed.
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
to the current legislalion and has advocated the
following
That all secunty and Intelligence agencies
should be under parliamentary control and
that the Parliamentary Select Committee
overseeing their activities should have
representatives from all parties in
Parliament [Emphasis added EdJ
2 That there should be a review as to
whether or not the SIS should exist. We
favour having its functions taken over by
the police so that it becomes an
accountable body
In regard to the GCSB we do not agree with the
activities that it carries out and would want a
total review of its role and functions."
Sl���HS
As for the SIS itself, it goes plodding along. The
Choudry case is extremely bad public relations
after the April 1998 release of its glossy booklet,
"Security In New Zealand Today" (see PR 15,
June 1998, "SIS Comes Out Of The Closet -
Nof/". Ed.) It obviously feels the time is right to
remind the ungrateful NZ public of the invaluable
service it performs. The Spring 1998 issue of
New Zealand Defence Quarterly published an
article by Victoria University academic, Jim
Rolfe, entitled "The Spycatchers". It recounted
how the SIS had saved us from the KGB and
was now fully occupied saving us from the likes
of fiendish Chinese scientists trying to pinch our
apple secrets. Not the slightest mention of its
total failure to detect, prevent or catch the
French spies sent to bomb the Rainbow Warrior
(killing one crewman in the process). Most
interestingly, the article is illustrated by a couple
of actual SIS photos of the 1974 arrest of the
late Dr W.B. Sutch, on a Wellington street as he
met with a Soviet diplomat. "Although Sutch was
subsequently found not guilty, Soviet diplomats
who were stationed here at the time have since
confirmed that he passed material to a KGB
officer" (ibid). Bill Sutch has been dead since
1975, so a retrospective smear campaign is
quite safe. The Choudry case is covered
(subheaded "That Christchurch Incident"). "The
fact that the Service is defending this case
indicates . . . that there appears to be a case to
answer. One can only presume that the SIS
believes that the Service's defence will be
sufficient to support its case in court" (ibid). It
also includes a page from Tim Barnett, Labour
MP for Chnstchurch Central, urging that the
Peace Researcher - Page 12
We appreciate the responses from Robson and
from the Alliance Policy Manager, Tony
Simpson But we have written to them to correct
the frequent and Significant error that the
committee overseeing the intelligence agencies
IS a select committee The Intelligence and
Security Committee IS not a select committee.
See the letter to The Press by Bob Leonard
elsewhere In thiS issue for further comment on
thiS tOP'C
The response thus far has not been impressive
and it probably won't Improve much. It clearly
shows the need for those of us who are deeply
concerned about the excesses of the SIS and
GCSB, and the total lack of oversight of their
nefarious and illegal activities, to put the facts in
front of the our representatives and respectfully
demand their attention and action. The agencies
are out of control and Parliament as a whole has
nothing to say in the matter.
,
functions of the SIS be diVided between the
police, a reorganised unit in the PM's Office
(incorporating the External Assessments Bureau
and fed by the GCSB) and a security advice unit
within another Government department.
Barnett's piece carries the disclaimer that the
views expressed are his and not Labour Party
policy.
The history of the SIS comes out in places like
obituaries. For example, the Evening Post
( 13/8/98) eulogised the late Tim Bennet! whose
S I S jobs included heading counter-espionage;
counter-subversion and counter-terrorism; and
the Wellington-based field staff. His career
included all the SIS "triumphs", such as the
Sutch case. He retired in 1991. For the record,
he wasn't gunned down by vengeful Russians
but died of a heart attack whilst walking his dog.
Of more current relevance is the Privacy
Commissioner's attempts to get the SIS (and
GCSB) to agree to drop some of its exemptions
from the Privacy Act (see PR 14, December
1997; "Intelligence Agencies And The Operation
Of The Privacy Act". Ed.). The Commissioner,
Bruce Slane, wants the SIS to ensure that the
information it collects is gathered for a lawful
purpose and that it does not keep data longer
than is lawfully necessary. Don Mclver, SIS
Director, is prepared to accept the first but not
the second. He defended the right of the SIS to
intrude: "The more intrusive aspects of the
Service ' s work affect a very small proportion of
the population" (NZ Herald, 10/9/98; "Spies
ready to give up some rights on privacy").
Continued on following page...
In late November 1 998 Bob Leonard received a
letter from Bruce Slane, Pnvacy Commissioner,
announcing his completed review of the Privacy
Act (1993) and report to the Minister of J ustice
The report runs to 435 pages and " . . goes
through every section in the Act and discusses
its operation d unng the Act's first five years"
The Anti-Bases Campaign made a submission
to the review and Bob Leonard appeared In
person to testify before Bruce Slane in
December 1997. Our focus was of course the
exemptions of New Zealand's intelligence
agencies, including the Government
Communications Security Bureau (GCSB) and
the Security Intelligence Service (SIS), from key
privacy principles in the Act
An article in the NZ Herald ("Spies ready to give
up some rights on privacy", 10 Se pt 1998) gave
some insight into what Slane's report will
recommend regarding the agencies: "At present
intelligence agencies need to stick by only three
of the 12 privacy 'principles' in the act Mr Slane
has proposed expanding their obligations,
requiring them to ensure that the information
they collect is gathered for a lawful purpose and
ensuring that they do not keep data longer than
is lawfully necessary."
According to the Herald, Don Mclver, director of
the SIS, "accepted that the service should
collect information on people only for a lawful
purpose". Conspicuously absent from both
Slane's recommendations and Mclver's
tentative concessions was any mention of
Information Privacy Principle number 4 which
says: "Personal information shall not be
collected by an agency by unlawful means . . " . a cool pre-release price of $96 plus GST and
[Emphasis added. Ed ]
Continued from previous page...
But the practicalities of using the Privacy Act in
relation to the S I S are daunting. Christchurch
man, Richard Suggate, has waited four years so
far for any progress in his complaint to the
Privacy Commissioner about the refusal of the
SIS to confirm or deny that they hold a file on
him. He has written to the Minister of J ustice to
find out why it is taking so long and whether the
delay is due to the failure of the SIS to
cooperate with the Commissioner
So, business as usual. Break-ins, smears,
secrecy and bureaucratic stonewalling The
Government is looking to save money. Well, the
SIS costs over $ 10 million per year. That would
be one cut that the public would fully support
Peace Researcher - Page 13
It IS obvious from the current case of the illegal
SIS break-In of AzIZ Choudry's home in
Chnstchurch that employing legal means to
obtain information IS not a high priority for
agency spies One might even wonder how this
case ever got Into the courts given the
exemption of the SIS from Privacy Principle
number 4 One also wonders why Mr Slane
chose not to question that exemption, if In fact
he did not In his final report. ABC certainly
called that absurd exemption to his attention in
both our written and oral submissions.
When It comes to privacy violations the powers
of the GCSB make those of the S I S pale by
comparison The communications "vacuum
cleaner" at Waihopai has been described in
detail in PR, so we don't need to repeat it here.
Suffice it to say that the concept of "privacy" of
satellite communications is a vast joke. There is
no conceivable way that anybody's privacy can
be protected from the prying ears of the
international Signals Intelligence community.
The Herald article cited above also contained a
wonderful quote from Ray Parker, director of the
GCSB: "Intelligence organisations are
themselves part of the fabric of a democracy
and it is essential that they be both given the
tools they need to discharge their functions and
are freed of constraints which impair their ability
to operate effectively in the national interest".
We would have to say that Parker's spies have
pretty much got their wishes fulfilled when it
comes to tools and freedoms. We seriously
question the bit about the "national interest".
ABC has ordered a copy of the Slane report (at
shipping). We will be studying the
recommendations carefully as they relate to the
excesses of the GCSB and the SIS. SIane's
cover letter states: "Those who intend to follow
the review through subsequent processes, such
as the Government's consideration of the
recommendations and resultant select
committee hearings, will need to study it"
[Emphasis added. Ed 1 The reference to select
committee hearings is provocative since the only
committee that can consider recommendations
regarding intelligence agencies is the
Intelligence and Security Committee, and it is
most decidedly not a select committee. And this
is the committee that is now trying to push
through legislation to make it legal for the SIS to
break into private homes. We'll have plenty
more on this one in the next Issue of PR
. Bob Leonard
�LIGE.NCS AND SECURITV COMMl'rTEE
"Nothing to Report"
Oversight of our so-called intelligence agencies
IS proving to be a farce, as predicted by many
back in 1 996 when legislation created the
Intelligence and Security Committee (ISC) and
the Inspector-General of Intelligence and
Security The court case against the SIS over
ItS bungled break-in of Aziz Choudry's home has
torpedoed the credibility of the Inspector­
General as a source of reliable oversight (see
story elsewhere In this issue).
Now we have the latest report of the ISC on ItS
grand total of two meetings in 1 998. According
to a story in The Dominion (5/1 2/98) the ISC
"reported to Parliament this week that it had
nothing to report" What does it take to get the
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
been pestering the Prime Minister with
questions. Some of the answers are slightly
informative, even when they are outright
refusals to answer. Here are the high (Iow? )
points.
Warren asked for the GCSB definition of
"terrorism". There is none in its rules. JS said
the GCSB would apply the definition used by the
SIS which involves violence to achieve political
aims.
Both Rod and Warren asked who "at the highest
level" approves revealing the identity of New
Zealand citizens in intelligence reports. Answer:
the GCSB d irector, Ray Parker. I n answering
this question, JS is admitting that New
Zealanders' names can appear in finished
intelligence reports sourced from the GCSB and
that approval has nothing to do with any
Parliamentary oversight. JS would not reveal
how many times such high level approval to
identify NZ citizens had been given
Warren asked if the GCSB deliberately targetted
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
Apparently the 9 December Appeal Court
decision in the Choudry case did get Mrs
Shipley's attention because it goes against the
SIS and challenges her support for withholding
documents from the High Court judge and the
plaintiff The ISC will "discuss its implications"
( The Press, 1 0 December 1 998). Given its
record on meetings, that is not likely to be soon
At its meeting on 1 December the ISC was to
consider ABC ' s petition to abolish the GCSB
But whether that actually happened is not known
because the meeting was cut short by Mrs
Shlpley running off to the press conference to
announce that a third frigate would not be
bought
Rod was understandably curious about where
the money came from for the expansion of
Waihopai in recent months. The P M refused to
answer. The new dish and radome plus
technical capability to intercept telephone calls
cost several million dollars, but the government
is unwilling to tell us how it was budgeted or the
exact amount. She denied the money came
from "sister agencies" like the US N ational
Security Agency or from the Brits or Aussies.
When asked if the telephone interception had
yet commenced at Waihopai, JS refused to
answer. All that money spent and she won't
even tell us if it works.
Rod was understandably interested in recent
reports that the Australian Defence Signals
Directorate was to engage in contracting for
services from private British Aerospace
employees (Le , privatising some of the
functions of the DSD, Aussie counterpart to our
GCSB). If so would they get information from
the GCSB? No answer.
. Bob Leonard
UNCLE SAM BACK IN THE PHILIPPINES
Senator J oseph ' Erap' Estrada was one of
those who voted not to renew the century-old
US bases treaty, in the historic 1 99 1 climax to
the P h ilippines anti-bases struggle But
.
President Estrada (he won the 1 998 election, for
a single six year term) has no problem with an
Increasingly close military relationship with the
US. H e i nherited the highly controversial VISiting
Forces Agreement (VFA), Signed by the Ramos
governrnent in February 1 998. President Fidel
Ramos very wisely left this hot potato to be
submitted to the newly elected Senate, where it
needs two thirds support to be ratified.The US
has been pressing hard for ratification, pnmarily
through its Ambassador, Thomas Hubbard, but
also by sending in the big guns to do some not
so subtle armtwisting, In July and August
Madeleine Albright, the Secretary of State, and
William Cohen, the Secretary of Defense, visited
the Philippines (AI bright carried on to New
Zealand, the first US Secretary of State to visit
since the mid- 1 980s). The US has applied
carrots - the offer to sell the Philippines F/A- 1 8
jetfighters for $ U S 1 00 each - and sticks, namely
threats to Philippines garment and
sugar exports to the U S . Estrada
claimed that I nternational Monetary
Fund ( I M F ) and World Bank loans
would be imperilled if the VFA isn't
ratified, the same sort of panic­
mongering arguments that were heard
in 1 99 1 .
Essentially the VFA opens u p all of the
Philippines to the US military " the next
best thing to actual bases - with special rights at
22 ports and other facilities. It bestows the
equivalent of diplomatic immunity on US military
personnel in the Philippines, exempting them
from local law. Militant union leader, Crispin
Beltran , chairman of the Kilusang Mayo
Uno/May First Movement (KMU), said "The
VFA is even worse than the treaty we rejected in
1 99 1 " (Correspondence, July-August 1 998)
A broadbased opposition sprang up, under the
umbrella of the Junk VFA Movement Tens of
thousands rallied in Metro Manila in mid
September, after protest caravans had
converged there from all around the country
Filipinos have bitter memories of indignities
inflicted on them during the more than nine
decades of US military presence Antonlo
Liongson, deputy secretary general of human
rights group KARAPATAN , said "In 1 987. a
certain L ourdes Ramos, 39 years old. was
arrested by two American personnel while
scavenging InSide the Clark Air Base At
gunpoint, she was forced to take off her clothes
Peace Researcher - Page 1 5
and was raped by her captors I n another
InCident, on Apnl 2 1 , 1 987, Isagani Ploqulnto
and Rowena Custodia were sprayed with bullets
when they passed by the Crow Valley Finng
Range The two Victims sustained multiple
gunshot wounds
"Worse, the VFA does not guarantee that local
courts will have J urisdiction over American
personnel committing criminal acts. Should
there be a crime perpetrated by an American
soldier it could very well be passed off as 'an act
of official duty' and/or the U S may compel the
Philippine government to turn over the suspect
to them, 'This shows that the agreement is one­
sided, with the US government getting the better
end of the deal, as the case has always been.
We believe there is a hidden agenda here, that
is, the granting of immunity to American
offenders' .
"Under the VFA, there is no provision preventing
the entry of weapons of mass destruction
(nuclear, chemical and biological) into the
country. And the poor Filipinos could not
scrutinise or even question what their Big
Brothers are bringing in as pasalubong
(presents), 'With its loopholes on the
issue of nuclear weapons, the Filipino
people will be living dangerously and
under a climate of uncertainty and fear
Accidents or leaks will be costly to the
lives of the people and would imminently
harm the environment'.
"'The Amencans need the VFA, we don't. With
all its loopholes and one-sidedness, the VFA
can only be advantageous to the US. It is
obvious that the Americans are using this
strategy of creating military allies to secure its
interests in the Asia/Pacific region. The VFA is
an attack to the Filipino people and undermines
our sovereignty, Only the Violent Forces of
America will be protected by the VFA And
while the Estrada government acts fast in giving
protection to the US, it drags its feet in providing
justice to the victims of human rights violations'"
(press release, 1 6/8/98).
The VFA is not the only military tie to the U S
There i s also the 1 95 1 Mutual Defense Treaty, a
Cold War relic (same vintage as ANZUS) which
remains In force indefinitely. As many as 20 U S
military exercises per year are conducted In the
Philippines under its ambit For example, in July
1 998, the U S and the Philippine Navy conducted
an 1 8 hour live-fire exercise near Scarborough
Shoal (the ownership of which is militarily
disputed by China, most recently in 1 997).
Without either Estrada or his Defense Secretary.
Orlando Mercado, knowing about It There is still
the unresolved problem of cleaning up the toxic
waste left behind at the former US bases at
Clark and Subic
The AFP (Armed Forces of the Philippines) are
not large by Asian standards but they have
hugely influenced Filipino politics and have a
sordid history of activities and operations that
supported oppression and trampled human
rights. Past and present generals (like ex­
President Ramos) are a central part of
'democratic' government Some have been
heavily involved in illegal logging and various
corrupt business operations
The Army has fought long running internal wars
against the communist New Peoples Army, and
Muslim separatists in Mindanao. In these vicious
internecine struggles the Army has
utilised local paramilitary forces to
terrorise dissidents. The paramilitary,
designated Citizens Armed Forces
Geographical Units (CAFGU), number
about 60,000. Their brutal covert
"security" activities continued after the
demise of Marcos, under both
presidents Aquino and Ramos.
In recent years the focus of Philippine military
activity has moved to Navy operations. This is
due in large part to disputes that various Asian
countries are having over the Spratly Islands,
tiny islands lying between Vietnam, Brunei and
the Philippines. There are disputes over other
small rocks which might also signify possession
of significant mineral and fisheries
resources. The Philippines Government has
officially incorporated part of the Spratly
archipelago into its provincial administrative
system. There have been minor military
skirmishes with China, and arguments with
neighbours over the seizure of fishing boats and
crews. The geographical nature of the country
makes its Navy much more significant in
international military terms than the other
sectors of the armed forces.
In February 1995 the Manila Government
passed legislation allocating 170 billion pesos
[$NZ3.7 billion, at 1998 exchange rates) over a
15 year period for the purchase of modern
weaponry This is mostly intended to go to
upgrading a N avy that is weaker and much more
outdated than those of most of its neighbours. In
1997 it was announced that the intention was to
create a new Navy with more than 60 ships.
However, most of these will be smaller patrol
vessels. Construction is under way of two new
corvettes, three seagoing larger
Peace Researcher - Page 16
All the signs point to the anti-bases Senator
having become the pro-US President, flying In
the face of the overwhelming majority of the
Filipino people
patrol vessels, two fast attack craft and six new
inshore patrol boats (New Zealand companies
tendered for some of this work).
Currently the Navy has a number of new US and
Korean designed inshore patrol boats, but the
larger vessels are mostly ex-US Navy ships of
World War II vintage. Servicing and acquiring
spare parts for these is a major problem.There
is a very old ex-US Navy frigate, nine old
m inesweepers/escorts, and about 50 inshore
patrol craft The Navy has some tank and
infantry landing craft and various support
vessels. It operates eight maritime patrol a ircraft
and ten helicopters. At present there
are about 23,000 personnel in the
Navy, including a force of
approximately 9,000 Marines.
The Army has about 68,000
personnel in eight infantry divisions
with three engineer brigades. There is
a light armoured brigade equipped
with 40 Scorpion light tanks - the type the New
Zealand Army is currently scrapping as
obsolete. The Army has eight artillery battalions.
It provides a Presidential security force.
Significantly, a key role is the maintenance of
"public order" and a large part of the Army
comprises the Philippine National Police which
is integrated into the armed forces. More than
100,000 personnel are listed in the reserve
force.
Forty combat aircraft and more than 100 armed
helicopters are operated by the Philippines Air
Force in an organisation heavily geared towards
counter-insurgency operations. Serviceability is
questionable because in recent years there has
been a shortage of funds for maintenance and
parts. Less than half the squadron of F-5A
fighter bombers is probably available for
operations and the two other significant ground­
attack squadrons are also probably in poor
condition.
The 1996 Budget allocated 3.6 billion pesos to
"defence". This was just under 9% of total
Government expenditure. Although the
Philippines does not appear to have suffered the
dramatic economic downturn of other Asian
countries, the ongoing economic problems will
be worsened by current global trends and there
will be less money available for Government
spending - including expenditure on the AFP. It
is possible that the 15-year modernisation
programme instituted In 1995 may have to be
cut back
Between 1947 and 1991. when the Filipino
people h istorically rallied to reject treaties giving
Washington the right to base its armed forces In
the Philippines, the Manila government relied
heavily on American forces for International
security and concentrated on impOSing Internal
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
current proposals for large-scale military
spending to u pgrade and replace equipment in
all three of the New Zealand services. The third
frigate debate has been on-going and the
current government seems bent on not only
acquiring another new frigate, but also on
purchasing F-16 fighters for the air force and
new weaponry for the army. Max Bradford,
Minister of Defence, and business interests
spear-headed by former Rear-Admiral
Somerford Teagle, were campaigning for public
acceptance of new spending. But what is the
current standing of this country's armed forces?
What do they do? And where is the public
debate that should ensue before we are
committed to more very expensive and long­
term m i litary purchases?
The budget allocation for New Zealand's military
forces for the 1988/99 year is $1.634 billion,
about 1.4 per cent of GDP. [See box below ] In
June 1997 there were 9, 462 personnel in the
NZ military - 2,080 in the navy, 4,391, in the
army, and 2,991 in the air force. For several
years there has been a reduction in the numbers
of personnel - especially from highly-trained
personnel that can get lucrative civilian jobs -
and plans to increase numbers will be another
factor in future expenditure. Of current spending
$40 million is going to the second frigate and
$12 million on overseas deployment (which
includes assistance to the U nited Nations and
other internation,al agencies)
The Army: The 'mission' of the Army is "To
provide a land force capable of contributing to
the security of NZ and protecting its people and
interests". The Army deploys small numbers of
personnel In a dozen or so overseas countries -
often, it must be said, for quite laudable
purposes but sometimes in areas where military
operations are dubious and sometimes (In the
case of the SAS) covert and almost certainly
Peace Researcher - Page 17
Recently there have been worrying Signs that
Washington is creeping further back into a long
term military presence With a worsening
economic outlook the Manila government will
look to further rely on Washington to maintain its
military and diplomatic frrepower (see e/swhere
In this Issue for details of the Visiting Forces
Agreement Ed. )
See Peace Researcher 1 6 for Warren's study
on the rest of Asia's military build up. Ed.
unacceptable. Truce supervision has involved
soldiers in Bougainville, Israel, the Sinai, and
Yugoslavia. Pairs or small groups of personnel
have been advising on mine clearance
operations in Angola, Mozambique, Cambodia,
and Laos During 1998 the army was
reorganised with a single operational level
command at Trentham, two Regular Force
infantry battalions, a light armoured regiment, a
field artillery regiment, and engineer regiment,
three signals squadrons, and logistics groups.
There are about 3,680 Territorial force soldiers
in six infantry battalions, with the Special Air
Service group (SAS) getting $5.42 million in
publicly announced costs. The army carries out
war-gaming and command exercises with
Australia and operational exercises with
Australia and other Pacific region countries
The Air Force: The Air
Force role is to provide
forces for maritime
surveillance and
reconnaissance, air to
ground support ("offensive"
operations) and general air
transport. Each year it
participates in exercises in Australia and South­
East Asia, including air transport and tactical
helicopter operations, and anti-submarine
warfare competitions. In September 1998 eight
Skyhawks from Ohakea, supported by Orion,
Hercules and a Boeing aircraft, spent five weeks
exercising with the Australian and Singaporean
defence forces. The Orion surveillance aircraft
patrol our 200 mile exclusive economic zone
regularly and sometimes carry fisheries officers
The headquarters are in Auckland, where the 6
Orions and several transport aircraft are
situated, along with most of the helicopters. At
Ohakea, near Palmerston North, the air force
stations 12 elderly Skyhawks, along with 17
Aermacchi jet trainers and 15 propeller-driven
trainers. All pilot training takes place here
Usually SIX Skyhawks are stationed In New
South Wales at Nowra In the past there has
also been a detachment of lroquois helicopters
In Chnstchurch, with most ground training being
carned out at Woodbourne RNZAF base, near
Blenhelm Replacements for the recently retlCed
Andover transport planes are being sought I n
October 1 998 consideration was being given to
buying almost new F� 1 6 fighters from
Washington. The planes are AlB models which
could carry out air defence and ground support
options uSing similar weapons to those of the
Skyhawks they would replace. New F�16s with
up�to�date electronics cost about $30 million
each
The Navy: The functions of this
branch of the services are probably
less clear and more controversial
than the others. Vastly over�priced
and over�sized for fishery protection
or rescue operations, our combat
vessels are believed by many to be potential
target practice if ever used in a role separate
from major combatants or air cover (and maybe
even then) This means the ships are useless in
a conflict zone unless they are operating
alongside a major "ally", and possibly in any
situation where an enemy has a modern military
force The new frigate Te Kaha is now in service
after needing its engines overhauled a few
months into commission. (Three serious defects
were found i n the gas turbines and main cruise
diesel engines of the $460 million vesseL) The
second ANZAC frigate is now close to
completion and is scheduled to enter service in
1 999. Recently the Australians have said they
will need to upgrade their sister ships because
already their electronics and weaponry are
outmoded. Faith in New Zealand selection of
appropriate vessels must be lacking � the
support ship Charles Upham was found to be
unsuitable for its role soon after going into
service. I n the near future the navy's combat
forces will consist of two ANZAC frigates and
one aging Leander class frigate (the
Canterbury). The frigates, overall, cost about
one million dollars every day The Navy
maintains it needs four surface combatants to
carry out its designated functions There are
four anti�mine patrol vessels, and about 400
people in the volunteer reserve. NZ ships
participate in exercises under the Five Power
Defence Arrangements (with U K, Singapore,
Malaysia and Australia) as well as other
exercises with Australia and regional navies.
Two frigates have patrolled with "Allied" navies
in the Gulf region.
Military Connections under UKUSA: Bob
White has pointed out that the NZ Services have
a wide range of contacts with the countnes In
the secret intelligence network UKUSA ( U K,
USA Canada, and Australia) He says these
Peace Researcher
contacts continued unaffected
through the ANZUS crisis. H e
obt211ned Information under the
0 1 A which shows in 1 995/96
NZ personnel attended 67
technical panel and working meetings with US
defence sCience people These related to
military strategy tactics and technology
planning The alC force participated m 20
meetings with the US Arr Force involved The
details of the major agreements between NZ
and UKUSA countnes �including USA are �
secret. [NZ Defence Quarterly, Autumn 1 998]
Other Activities: The military still supports
nearly a hundred cadet units sea, air and army.
�
In 1 997 there were more than four thousand
cadets m training. Since 1 995 the Army has also
been conducting a "limited Service Volunteer
Scheme" providing a few hundred young
unemployed volunteers with six weeks
residential tramlng In outdoor activities and life
skills. Even within the peace movement opinions
vary on whether thiS represents a useful role in
the community for soldiers or a more sinister
militarisation of this society. And the military
continues to provide assistance in the wake of
disasters in the Pacific Region, such as the New
Guinea tidal wave, support to New Zealand civil
defence and search and rescue, to departments
such as conservation and fisheries, and to the
Antarctic programme
Trained Personnel Crisis: Over the last
decade the number of people leaving the armed
forces has created enormous problems for the
military. David Barber, in New Zealand Defence
Quarterly, reports that in March 1 998 more than
one quarter of the Navy's officers were still
under training, and in 1 995 the Air Force lost 45
of its 1 84 pilots [Winter 1 998] During 1 996 staff
numbers overall plunged from 1 1 ,745 to 9552,
with highly trained staff leaving for better civilian
positions. At that time, according to the
Christchurch Press [18 October 1 996] the Navy
was losing a quarter of its marine engineers
annually and the Army's rifle battalions were
one�third below strength. Although personnel
were usually taken on for a twenty year
engagement, most left long before this period
was up Pay rates are given as the most
common reason for resigning technically
�
trained personnel can earn more in the private
sector. Since 1 996 some changes of conditions
have been made and retention payments and
bonuses instituted There are periodic
recruitment campaigns With these measures
and New Zealand's employment situation further
deteriorating, the loss of trained personnel has
been countered. We should all be grateful that
the attntion rate is dictated by factors other than
bloodshed (The advertising campaigns never
say anything about people being trained to kil")
� Warren Thomson
� Page 1 8
Note s on Militar'j Spe nding
The Government intends to Increase NZ defence
spending New Zealand's commitment of 1 4
percent G D P to defence is currently a greater
For the current financial year Tony Blair's Labour
Government will spend 2 2 . 624 billion pounds on
defence 7 percent 01 expenditure and 2 . 7 per cent
-

proportion than the Canadians spend on defence,
but less than Australia, and less than most other
western states. The amount varies from year to
year, depending on large budget items such at
frigate costs. and of, course on variations in GDP
Itself.
In 1 995-96 we spent 1 . 5 percent of GDP on
defence In 1 997-98 Government
expenditure in total was about 33 billion
dollars and the defence allocation was
approximately 1 .620 billion - about 4.86
percent of all government spending
The arnount has shown a slight increase in
appropriations over the past five years but defence
proponents insist that there has been a significant
cut in defence spending, in real terms, over the last
decade. Thirteen to fifteen percent of the Thai
Government's budget goes on the military, about 6
percent i n Sweden ( 1 996), and (an interesting
comparison) about 4 percent of Finland's
government spending in 1 995 was on their armed
forces.
of GDP. S'x to eight percent of Canberra's budget
goes to the armed forces
Besides the pressure to provide more financial
resources so that the military can retain or increase
personnel numbers, other huge costs are looming
for the defence forces and the Government has
plans to spend an extra $663 million over
next five years. Budget calculations
to consider replacement armoured
vehicles for the Army (about $ 1 6 0 million),
the Air Force's Skyhawks, transport
aircraft, helicopters, possibly a third new or
second hand frigate and new
communication equipment Some of this equipment
is likely to be leased in order to juggle heavy
spending pressures over a few years.
Finally, there's an odd symmetry in our defence
spending: in 1 996 "we" decided to spend $40
million on heat-seeking missiles to offer soldiers
some protection from aircraft while also purchasing
equipment to protect the Hercules from being shot
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
a petition on Tuesday Just before Christmas, Called the
' S I S Petition to the House of Representatives It IS
being CIrculated widely and qUickly for signatures with
a deadline of 5 February 1999
A copy of t h e petition IS enclosed with thiS Issue of
Peace Researcher Please feel free to photocopy the
u n signed copy and CIrculate for signatures among your
like-minded fnends and family
The petition was launched at a m e d i a conference
outside the C h n stchurch main post office (see photo)
near the post box for the Security Intelligence SerVice,
the only address for the Chnstchurch office of the S I S
that i s listed in the phone book
/Iave the power to break Wo our homes, that the SIS
should be stopped from spylllg on people solely
because they IlOld different views from the government
on what IS In New Zealan d s 'IIlternatJonal well-iJe!l) g 01
economic well-bellJg that parll8ment IS the nghtful
place to scruhmse Intelligence and secunty agencies
and that it may be more appropnate for the Police to
have the responsibility for protechng New Zealand
from 'acts of espiOnage sabotage, and terronsm
'Therefore we respectfully request
That the House of RepresentatIVes not pass the New
Zealand Secunty Intelligence Amendment Bill tighten
the defmltlon of 'secunty' m the New Zealand Secuflty
Intelligence and Secunty Committee Act and IIJstitute
a select committee enqLllry mto whether the SIS
should b e abolished and Its responsibilities returned to

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