As we all switched off over the holidays, the Government
was pushing through legislation that would dramatically
expand surveillance powers. We only just saw this tonight,
thanks to the Free Speech Union, so the information comes
from them. Head over to the Parliament website to make your
submission. Unbelievably, we have until midnight 14 January
– yes, tomorrow!! Telecommunications
and Other Matters Amendment Bill Submission – New Zealand
Parliament
This proposal is not just about
enforcement or security. It strikes directly at two basic
rights protected under the New Zealand Bill of Rights Act
(NZBORA):
the right to freedom of expression,
and
the right to be free from unreasonable search and
surveillance.
Under the proposed changes, the
Government would gain sweeping new powers to:
Expand
surveillance over overseas online platforms
Create an
administrative “kill switch” to shut down digital
services
Force changes that weaken
encryption
Bypass court oversight if enforcement is
considered “impractical”
These powers threaten
free speech at its core.
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Freedom of expression
(NZBORA section 14) is not just about speaking in public. It
includes the freedom to:
communicate
privately
share ideas without fear
organise
politically
speak anonymously
If people believe
the Government can monitor their private communications or
force companies to make that possible, they will censor
themselves. That is a direct breach of the spirit of section
14.
Many modern communication services rely on
end-to-end encryption. This means messages are private by
design. Not even the service providers can read
them.
There is no safe way to comply with interception
demands without breaking encryption itself. There is no
technical workaround.
That leaves providers with only
two choices:
weaken encryption for everyone, making
all communications less secure, or
withdraw their
services from New Zealand entirely
Either
option silences people and limits how they
communicate.
NZBORA section 21 protects
people from unreasonable search and seizure. That protection
is supposed to include strong safeguards, clear limits, and
independent court oversight.
Allowing officials to
bypass courts because enforcement is “impractical”, or
to force access to private communications, undermines that
protection entirely. Surveillance without proper judicial
control is, by definition, unreasonable.
Encryption is
not a luxury. It is essential for:
journalists
protecting sources
whistleblowers exposing
misconduct
people organising politically or speaking
anonymously
vulnerable communities communicating
safely
ordinary New Zealanders having private
conversations
When privacy is weakened, speech is
chilled. When speech is chilled, democracy
suffers.
Any law that weakens encryption, allows
surveillance without court approval, or gives the Government
power to shut down services risks breaching both the letter
and the purpose of the New Zealand Bill of
Rights.
New Zealanders deserve laws that
protect free expression and privacy — not ones that
quietly dismantle them while the country is on
holiday
