DMS42-6-10204
New Zealand
Security Intelligence Service
PO Box 900, Wel ington
P +64 4 472 6170
F +64 4 472 8209
www.nzsis.govt.nz
30 January 2023
New Zealand Council for Civil Liberties
[FYI request #21467 email]
Tēnā koe
Official information request
Thank you for your Official Information Act 1982 (OIA) request of 20 December 2022 to the New
Zealand Security Intelligence Service (NZSIS) seeking information about the NZSIS apology to
Nicky Hager.
Response You requested:
1. a copy of the media statement issued by the NZSIS regarding the settlement it reached with
Mr Hager;
2. all advice and media planning information held on the publication of the media statement;
and
3. all information held regarding the removal of the media statement from the NZSIS website.
Please find a copy of the media statement attached to this letter as Annex One.
The NZSIS holds six emails within scope of your request. Three of these emails are withheld under
section 9(2)(h) of the OIA, to maintain legal professional privilege. The remaining emails are on
the publication on the media statement or ‘no surprises’ notifications regarding the statement
being issued, and are enclosed. Some information has been withheld pursuant to section 6(a) of
the OIA, where the making available of the information would be likely to prejudice the security
or defence of New Zealand or the international relations of the Government of New Zealand.
The statement was issued in accordance with the terms agreed between parties, and was widely
reported by media. There are two further emails in scope of the third part of your request, which
are also enclosed. Some information has been withheld pursuant to section 6(a).
Review If you wish to discuss this decision with us, please feel free to contact [NZSIS request email].
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You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz or
freephone 0800 802 602.
Ngā mihi
Rebecca Kitteridge
Te Tumu Whakarae mō Te Pā Whakamarumaru
Director-General of Security
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Annex One: Media statement
NZSIS media statement - settlement with Mr Hager regarding 2012 activity
In 2019 the Inspector-General of Intelligence and Security made findings that, in 2012, the New
Zealand Security Intelligence Service acted outside of its lawful scope of activity in that it obtained
two months of cal associated data for the home telephone line of journalist Nicky Hager.
The NZSIS accepted the IGIS findings in ful and apologised to Mr Hager, in line with the
Inspector-General’s recommendation. The Director-General of Security reiterated that apology
publicly fol owing the release of the IGIS report.
In recognition of this breach, the NZSIS has agreed to pay compensation to Mr Hager, and a
contribution towards his legal fees.
We recognise the important role that journalists play in a free, open and democratic society – the
very society the New Zealand intelligence agencies exist to uphold. There is a comprehensive
policy framework in place which requires very high levels of approval, justification and oversight if
there is a situation where intelligence gathering activity touches on a journalist in any way.
The introduction of the Intelligence and Security Act 2017 has clarified the law we operate under
and gives a clear legal mandate to take action to identify, assess and protect against threats to
sensitive and classified information. In addition, NZSIS has overhauled and significantly
strengthened its policy framework and legal and compliance systems in the decade since this
incident occurred.
A summary of our policies around operational col ection activity involving sensitive category
individuals, which includes journalists, is publicly available in the NZSIS website.
The agreed statement with Mr Hager fol ows:
Agreed statement as part of settlement with Mr Hager Fol owing the release of Mr Hager’s 2011 book, Other People’s Wars, the New Zealand Defence
Force sought the assistance of the New Zealand Security Intelligence Service to investigate the
possible unlawful disclosure of classified information to Mr Hager. In 2012, NZSIS acquired two
months of Mr Hager's cal associated data for his home telephone line for the purposes of
assisting NZDF with that investigation.
In 2019, Mr Hager made a complaint to the Inspector General of Intelligence and Security. Before
the IGIS, the NZSIS justified its use powers against Mr Hager by claiming that it was investigating
espionage. However, in her report the Acting IGIS found that the NZSIS had no reasonable
grounds for suspecting that any espionage had occurred and that the acquisition of two months
of cal associated data had therefore been unlawful. The Acting IGIS also said NZSIS failed to show
necessary caution, in a free and democratic society, before carrying out investigative activity into
a journalist's source.
Mr Hager had a reasonable expectation of privacy in his home telephone, and NZSIS now accepts
that it acted unlawful y in obtaining that data. Doing so breached Mr Hager's rights under ss 14
and 21 of the New Zealand Bil of Rights Act 1990, and some of the Information Privacy Principles
of the Privacy Act 1993.
Investigative journalists such as Mr Hager play an important role in society, including to provide
an additional check on executive functions and powers. The role of Mr Hager is considerably more
difficult given his subject matter of expertise and the difficulties of obtaining information which is
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protected by various and numerous confidentiality mechanisms. NZSIS recognises that its actions
in 2012 could have resulted in a chil ing effect on such important work.
Accordingly, NZSIS apologises unreservedly for breaching Mr Hager's rights. Its conduct fell short
of its own expectations. In recognition of this breach, NZSIS have agreed to pay compensation to
Mr Hager and a contribution towards his legal fees.
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