Inspector-General Brendan Horsley. Photo: RNZ / Alexander Robertson
A group of lawyers is calling for a first-of-its-kind inquiry into whether New Zealand spy agencies are helping Israel's war in Gaza.
In a letter to the inspector-general of intelligence and security (IGIS) on Thursday, they said the country was in danger of aiding international crimes.
Inspector-General Brendan Horsley confirmed he was considering the request. Horsley has previously said he would look into conflict-related spying this year.
One of the three lawyers who made the call, University of Auckland associate professor Treasa Dunworth, said the IGIS was thorough and she thought he would appreciate their argument that Government Communications Security Bureau (GCSB) and Security Intelligence Service (NZSIS) intelligence might be making its way to Israel via the US.
"I'm actually very optimistic because our request is very, very detailed, backed up with credible evidence, is very careful."
It fit squarely with the inspector-general's mandate to launch inquiries as he saw fit, she said.
Spy agencies say they collect intelligence in line with government priorities and also take human rights obligations seriously.
Smoke billows over buildings in Deir el-Balah in the central Gaza Strip, during Israeli bombardment on January 10, 2024, amid ongoing battles between Israel and the Palestinian militant group Hamas. Photo: AFP
The letter to Horsley said: "We believe there is a plausible case that the intelligence-sharing actions of the GCSB and NZSIS, in relation to what has occurred in Gaza, breach New Zealand law as well as standards of propriety."
Treasa Dunworth. Photo: University of Auckland
Signed by Dunworth, and lawyers Vinod Bal and Dr Max Harris, they said it was an unprecedented call and a move that could bolster confidence in the spy agencies and in democratic functions.
An inquiry was "not only desirable, but necessary", they said.
"Even if intelligence is not being gathered and shared with Israel, an inquiry may lift public confidence in the GCSB and NZSIS."
Dunworth told RNZ on Thursday afternoon: "One of the big reasons why it's very appropriate that this inquiry happens is that we can't know.... nobody can actually know, 'cause we don't have access to that classified information".
The IGIS put out a short response: "This afternoon we received a request for the IGIS to commence an own motion inquiry into potential intelligence sharing with Israel in the context of the Gaza conflict. The inspector-general is considering that request."
Horsley earlier had said: "Given the conflicts under way in Ukraine, Israel/Gaza and Yemen, I will be monitoring related intelligence activity in the coming year, including intelligence sharing, associated human rights risk assessments, and any support to military operations."
This would be planned and systematic, but he was not committed to undertaking any specific reviews, he added in June.
The three letter-writers put out a 38-page document supporting their call, concerned New Zealand was supporting internationally illegal operations.
Two United Nations inquiries recently found both sides in the war had committed war crimes.
The UN Commission of Inquiry said Israel's actions also constituted crimes against humanity because of the immense civilian losses.
Max Harris. Photo: Max Harris
New Zealand had a track record that put it at risk of supporting this, said Bal, Dunworth and Harris.
They pointed to the country being part of the Five Eyes intelligence grouping with the US: "If the New Zealand intelligence and security agencies have produced intelligence relevant to the conflict, it is plausible to suggest that this intelligence has made its way to Israeli agencies through the United States."
They also said the New Zealand Defence Force was taking part in a US-led operation against Houthi attacks on Red Sea shipping, the spy agencies might be helping them and the operation was partly about "the removal of barriers to Israel's ongoing actions in Gaza".
There was outrage earlier this year when the IGIS revealed the GCSB had hosted a foreign spying operation controlled from abroad, very likely from the US, and with almost nil agency oversight, and without telling the public or Parliament, for several years up till 2020.
Following the law
The spy agencies told RNZ on Thursday they collected intelligence in accordance with government priorities, including those in key areas of national security interest.
"All activities of the agencies, including cooperation with overseas public authorities, must be in accordance with New Zealand law, including all human rights obligations recognised by New Zealand law," they said in a statement.
"These are obligations which the agencies take very seriously, and they must have effective policies and procedures in place to ensure they act in accordance with both domestic and international law."
Sharing intel with authorities overseas was subject to ministerial policy statements and other internal policies "to ensure robust consideration of intelligence sharing".
The agencies welcomed the IGIS' independent oversight, and would "respond to any inquiries the IGIS makes".