Crimes (Countering Foreign Interference) Amendment Bill

Thought this week might be a bit of a breather but it seems there is another sneaky wee bill being snuck through our Parliament and legislative systems.

This one is the Crimes (Countering Foreign Interference) Amendment Bill.

The changes are being framed by this government as a good thing:

Foreign interference by any country against New Zealand is unacceptable.

New offences will make foreign interference and other harmful activities illegal. These will be some of the most serious offences in New Zealand. Existing offences are also being changed to better protect sensitive government information.

These changes will mean that people who do harmful activities for a foreign government can be stopped and punished under our criminal law.

However, there are multiple concerns about the potential of this legislation, because it is so broad, to be misused in draconian and inappropriate ways to prevent genuine protest:

• It integrates New Zealand more closely with US, Australia, and Canada laws on preventing protest movements

• It creates a mechanism to criminalise opposition to wars and climate-change related protest

• The Crimes Act already includes laws re espionage and treason.

• The definitions in the legislation are extremely broad and open to interpretation. It includes behaving in a corrupt, “coercive,” “deceptive” or “covert” manner, such as “concealing” one’s identity, “obscuring the existence of an association or relationship,” and “collecting or sharing information about a person without their knowledge or consent.”

• There is clear potential to criminalise political activists and protest movements that are globally linked (and are politically inconvenient) - this can include climate change protests, protests against war, and even those in Indigenous and disabled communities who utilise international connections to drive protest and activism for change.

• It may also be used against (for e.g.,) academics who publicly criticise New Zealand’s military alliances or the government’s stance on a range of issues.

• It could be used to criminalise strikes, anti-war rallies, and/or any protest movement deemed harmful to New Zealand’s international alliances, national security, or the economy (including international corporate profits).

Maire Leadbeater has written a great explainer, detailing the above in more detail. The quick summary is that this law is dangerous, too vague, is unnecessary, and poses a threat to democracy, including our collective freedom to protest.

Thomas Beagle, chair of the NZ Council for Civil Liberties, told journalist Mick Hall (Substack link below) that the Foreign Interference Bill “risks being in breach of the government’s obligations under the NZ Bill of Rights Act to protect freedom of expression and freedom of association” and that the bill could be used against people “working internationally with members of political parties that are aligned on issues of interest to New Zealanders.” Environmental activists, who often work with overseas groups, are already accused of harming New Zealand’s economic interests:

Foreign interference Bill 'repressive tool' to intimidate public: former minister

In the spaces I work in, international allegiances and collaborations are a good thing! They provide much needed support, encouragement, and guidance. Academic communities are global and international collaborations are valued. Disability activism has strong international connections via the UNCRPD, the World Blind Union, and other organisations.

The broadness and vagueness of this legislation, along with some very harsh penalties, means international collaborations may be at risk if the government of the day deems them harmful to New Zealand’s interests (such as NZ’s international allegiances, economic interests/profiteers, national security).

So, if you can, and you have the spoons, do dust off your keyboard and slap out a quick response before submissions close tonight! Submission link here