Neil Sands
New Zealand needs an independent watchdog to ensure the numerous counter-terrorism laws passed since the 2019 mosque attacks remain proportionate and fit-for-purpose, University of Auckland Deputy Dean of Law John Ip says.
Associate Professor Ip said laws passed in response to terror incidents tended to expand state power, often at the expense of individual rights, and were difficult to repeal, even when they were supposedly introduced temporarily.
“This makes scrutiny and oversight essential, especially given the potential impact on individual rights and freedoms,” said Ip, who specialises in security and counter-terrorism.
John Ip
He said the nature of counter-terrorism laws meant scrutinising them was difficult for the two bodies that usually provide oversight of state powers – the legislature and the courts.
“Post-legislative scrutiny competes with other demands on legislators’ attention [while] judicial review depends on litigants bringing claims. Secrecy and information asymmetry hamper both,” he said.
“More specialised review bodies [such as Royal Commissions] tend to be either ad hoc or otherwise circumscribed in scope.”
He said New Zealand had passed a flurry of counter-terrorism legislation since 2019, including the Terrorism Suppression (Control Orders) Act, the Counter-Terrorism Legislation Act and the Counter-Terrorism Acts (Designations and Control Orders) Amendment Act.
Ip said such regulation needs regular review to monitor its impact on individual liberties as conditions changes over time.
“It is also important that unintended consequences, gaps and shortcomings are brought to light, and that the public have confidence that the powers conferred by the legislation are being used appropriately,” he said.
The United Kingdom, Australia and Ireland had all established independent counterterrorism monitors, and New Zealand should follow suit. “A permanent independent office, with comprehensive access to information, could review the operation of counter-terrorism legislation here and publish reports with findings and recommendations,” he said.
“Independent review bodies play a crucial role in shining a light into the shadowy corners of the world of security and counter-terrorism.”
Ip’s paper is available here
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