11 December 2023
Sebastian
[FYI request #15138 email]
Reference: OIA-2020/21-0676
Dear Sebastian
Official Information Act Complaint
I refer to your follow-up request made under the Official Information Act and received
on 17 June 2021. Your request was for:
“…I would like to renew my request for a copy of the Counter-Terrorism
Handbook. For clarity, my request is for the document referred to in the
CT/CVE Capability Review as “Counter-Terrorism Handbook, DPMC, October
2019, RESTRICTED,” as opposed to the unclassified one-page summary that
is accessible on the DPMC website.
Further, the Counter-Terrorism Strategy Implementation Plan 2020 refers to
“policy and operational frameworks” for managing New Zealand foreign
terrorist fighters and their repatriation. I request copies of these frameworks.
I would also like to request copies of these documents referred to in the Royal
Commission report:
ONE: “In June 2019, the CTCC agreed that information access and sharing
were vital to understanding the threat. It suggested removing legislative
barriers, leveraging open-source intelligence capability, developing online
platforms for agencies to collaborate and enhancing information sharing
mechanisms between Public sector agencies and selected private
organisations.”
I request a copy of this report
TWO: “A 20 June 2019 report to the Security and Intelligence Board noted
that work had not yet commenced on measuring or assessing its own
governance and coordination performance…”
I request a copy of this report, if it is different to the June 2019 report referred
to above.
THREE: “In July 2016, the Security and Intelligence Board recognised the
“urgent need for agencies to [sort out] New Zealand’s counter-terrorism
arrangements in line with ministerial expectations” and noted the continuing
absence of an overarching strategy for counter-terrorism.”
I request a copy of the document containing these observations.
FOUR: “In 2017, [DPMC]… advised the Security and Intelligence Board that
there were still no measures to demonstrate impact. It noted that one of the
factors “stopping intelligence and assessment about the national intelligence
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
4835046
64 4 817 9700 Facsimile 64 4 472 3181 www.dpmc.govt.nz
priorities from informing decision-making and policy-making to the fullest
extent” was that “current priority descriptions are not clear enough…”
I request a copy of the document containing these observations.
FIVE: “The last national-level counter-terrorism exercise before the 15 March
2019 terrorist attack was in 2014. Comprehensive evaluation reports are
prepared after each exercise, which include lessons identified and corrective
action plans to address those.”
I request a copy of the evaluation report and corrective action plan for the
national-level counter-terrorism exercise conducted in 2014.
SIX: “In 2016, the Security and Intelligence Board was told that a CT operation
identified that “the system overall appears under-prepared to facilitate
effectively the sharing of highly sensitive, [compartmented] intelligence to
those who need it, when they need it”. The CTCC was asked to address this,
along with other matters identified in a corrective action plan following that
operation."
I request a copy of the report to the Security Intelligence Board that contains
these observations. I also request a copy of this operation's corrective action
plan.
SEVEN: “In mid-2018 the Specialist Coordinator… directed a National
Assessments Bureau analyst to conduct a stocktake of Public sector agencies’
online activity to counter extremism.”
I request a copy of this stocktake…”
As you are aware, the Department of the Prime Minister and Cabinet wrote to you on
12 August 2021, and again on 29 November 2021 declining parts of this request, under
the following sections of the Official Information Act:
• 6(a) as the making available of that information would be likely to prejudice the
security or defence of New Zealand or the international relations of the
Government of New Zealand, and
• 9(2)(g)(i) to maintain the effective conduct of public affairs through the free and
frank expression of opinions by or between or to Ministers of the Crown or
members of an organisation or officers and employees of any public service
agency or organisation in the course of their duty.
Subsequent to this response, you requested that the Office of the Ombudsman
investigate my decision to withhold information covered by your request. After
discussions with the Office of the Ombudsman and the time that has elapsed since
your original request, I have decided that it would be appropriate to reconsider and
release some of the previously withheld information to you.
Please find enclosed the following information that is now being released:
• Document 1,
SIB System Health relevant to Part Two of the request.
• Document 2,
National Intelligence Priorities – 2018 Refresh, dated 13 December
2017. This is the document in scope of Part Four of the request.
• Document 3,
Stocktake of New Zealand agency activity to counter extremism
online relevant to Part Seven of your request.
These documents are being released to you subject to information being withheld
under the following sections of the Act:
• 6(a) as the making available of that information would be likely to prejudice the
security or defence of New Zealand or the international relations of the
Government of New Zealand.
• 6(b)(i) as the making available of that information would be likely to prejudice the
entrusting of information to the Government of New Zealand on a basis of
confidence by the Government of any other country or any agency of such a
Government.
• 9(2)(g)(i) to maintain the effective conduct of public affairs through the free and
frank expression of opinions by or between or to Ministers of the Crown or
members of an organisation or officers and employees of any public service
agency or organisation in the course of their duty.
It is further noted that a summary is being provided under section 16(e) of the Act for
Annex A of Document 2, which is withheld in full under section 6(a).
I have also decided to release the following document to you in full:
• Document 4,
Coversheet for SIB Item 3 relevant to Part Three of your request.
In making my decision, I have considered the public interest considerations in section
9(1) of the Act.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
Yours sincerely
Julian Grey
Acting Executive Director National Security Group
cc:
Office of the Ombudsman
Ombudsmen reference: 571082
