Legislation

The Government Communications Security Bureau Act 2003, which came into force on 2 April 2003, defines the functions of the GCSB and makes provision for its administration and the conduct of its operational activities. The Act emphasises that the GCSB's signals intelligence functions are focused on meeting the Government's foreign-intelligence needs. The primary objectives of the legislation are to:

• formalise in statute the previous executive arrangements that established the GCSB and authorised its activities;
• achieve legislative consistency with the provisions for the SIS as outlined in the New Zealand Security Intelligence Service Act 1969, including that Act's amendments.

The Act defines the GCSB's principal functions in a technology-neutral manner. This means that the legislation will not have to be continually updated to meet the demands of fast-changing telecommunications technology.

In addition to the comprehensive description of the GCSB's functions, the Act:

• formally establishes the GCSB as a statutory agency of government;
• defines the appointment, functions and powers of the Director of the GCSB;
• provides for the issue of interception warrants; and
• ensures consistency with other legislation.

Other Relevant Legislation

The GCSB is subject to all New Zealand law, although specific exemption provisions are contained in some legislation (for example the Privacy Act, the Public Finance Act, and the Radio Communications Act). Other more general exemptions are contained in the Human Rights Act and the Public Records Act.

Oversight of the Bureau's activities is established in the Intelligence and Security Committee Act 1996 and the Inspector-General of Intelligence and Security Act 1996.