Response to the Office of the Inspector General of Intelligence and Security report on certain events in Afghanistan between 2009 and 2013

The Director-General of the Government Communications Security Bureau (GCSB) Andrew Hampton says a report by the Office of the Inspector-General of Intelligence and Security into the role of the GCSB and the New Zealand Security Intelligence Service (NZSIS) in relation to certain events in Afghanistan between 2009 and 2013 provides welcome oversight of the GCSB’s activities during this period.

The GCSB provided support to the Cabinet-mandated New Zealand Defence Force (NZDF) deployments in Afghanistan during this period as part of a multi-national response. This was in accordance with the GCSB’s function to support force protection, including keeping deployed New Zealanders safe and secure overseas.

“I welcome the report’s comments that the GCSB and NZSIS provided valuable assistance to support the New Zealand Government’s role in Afghanistan, including playing a key role in protecting New Zealand personnel stationed there,” Mr Hampton says.

“The nature of our work means that it is often not possible to publicly recognise the sometimes dangerous environments that our staff can face, particularly on overseas deployments.  As the report notes, GCSB staff deployed to Afghanistan were working in a hostile and challenging operational environment, as were their NZSIS colleagues.

“Their dedication to service in these situations is a testament to their commitment to our mission, even when it can mean personal risk and long periods away from their families,” Mr Hampton says.   

The report notes that the GCSB appropriately shared information across the New Zealand Government with regard to the aftermath of Operation Burnham, including on likely civilian casualties, and also the allegation that Qari Miraj was tortured. The report suggests however that the GCSB could also have undertaken a broader role.

“As an intelligence gathering organisation the GCSB’s role is to provide accurate, timely and relevant information to decision makers to enable them to seek further information or take action as they see fit.  This is what we did in Afghanistan,” says Mr Hampton.

“I am mindful that a broader interpretation of the GCSB’s role could involve it in operational, policy and legal issues which are beyond its current remit.

“Ensuring that human rights obligations under New Zealand law are complied with is a responsibility I take very seriously. Our obligations in this are key to how the GCSB conducts its business, which includes dedicated human rights training for staff.

“There have been significant changes to how we operate since the 2009-2013 period examined by the report.  The legal framework for co-operation between the New Zealand intelligence agencies and international partners has been updated as a result of the Intelligence and Security Act 2017. 

“Our co-operation with international partners is governed by New Zealand law, which includes our human rights obligations. Our policies and processes have also changed, including changes to record keeping to ensure we meet our oversight obligations as well as the requirements of the Public Records Act.

“The report’s recommendation regarding inter-agency planning when supporting military operations is already an integral part of how we conduct our activities, including human rights risk assessments and compulsory briefings to staff.

“I am confident that the GCSB has already made significant changes since the events examined in this report,” says Mr Hampton.

ENDS

Media contact: media@nzic.govt.nz