By Maire Leadbeater
Author of The Enemy Within

In the draft “Crimes (Countering Foreign Interference) Amendment Bill” it is proposed to criminalise improper conduct for or on behalf of a foreign power.

This offence criminalises the act of “foreign interference”. To commit the offence, a person must be doing an activity for a foreign state, and the person’s actions must include all three of the following key elements – they:

• know, or ought to know, they are acting for a foreign state, and
• act in a covert, deceptive, coercive, or corruptive manner, and
• intend to, or be aware that they are likely to, harm New Zealand interests specified in the offence through their actions.

It is proposed to make providing relevant benefit to foreign power the commission of imprisonable offence

To recognise the greater harm, this new offence applies to a person who commits an imprisonable offence to benefit a foreign state in any of the following ways:

• to support its foreign intelligence activities
• to enhance its political, economic, military capability or influence, or
• to advance its coercive influence over people inside or outside New Zealand.

This proposed legislation is unnecessary and potentially highly undemocratic and a threat to free speech and freedom of association.

Unnecessary

Existing law already criminalises espionage which intentionally prejudices the security or defence of New Zealand. There are also laws to cover pressurising others by blackmail, corruption, and the threat or use of violence.

It is true that diaspora critics of authoritarian regimes come under pressure from their home governments. Such governments seek to silence their critics outside their jurisdiction by threatening harm to their families still living in the home country. However, it is unclear how New Zealand law could prevent this as it cannot protect people not within its jurisdiction. This is something that diaspora citizens and overseas students studying here must be acutely conscious of.

A threat to democracy

The terms sedition and subversion have gone into disuse and are no longer part of our law. They were used in the past to criminalise some and ensure that others were subject to intrusive surveillance. In essence, both terms justified State actions against dissidents or those who held an alternative vision of how society should be ordered. In Cold War times the State was particularly exercised with those who championed communist ideas, took an interest in the Soviet Union or China or associated with Communists. Those who associated with Soviet diplomats or attended functions at the Soviet Embassy would often be subject to SIS surveillance.

How should we distinguish ‘foreign interference’ from the multitude of ways in which other states seek to influence our trade, aid, foreign affairs and defence policies? It is not plausible that the motivation behind this legislation is to limit Western pressure on New Zealand to water down its nuclear-free policy. Or to ensure that its defence forces are interoperable with those of its allies and to be part of military exercises in the South China Sea. Or to host spyware tools on behalf of the United States. Or to sign trade agreements that favour US-based corporates. The list could be endless!

The government openly supports these activities, so the legislation seems to be aimed at foreign interference from current geostrategic ‘enemies’. Which ones? China, Russia, Iran?

The introduction of a bill to criminalise foreign interference has echoes of earlier Cold War times as it has the potential to criminalise members of friendship organisations that seek to improve understanding and cooperation with people in countries such as China, Russia or North Korea.

There is also real concern is that this legislation could capture critics of New Zealand’s foreign and defence policy, especially if they liaise with a ‘foreign country’. There is a global movement of resistance to economic sanctions on Cuba and other countries including Venezuela, and North Korea. Supporters are likely to liaise with representatives of those countries, and perhaps circulate their material. Could that be considered harming New Zealand’s interests?

How to oppose the bill

Please make your own submission to the Parliamentary Committee considering the proposed bill here:

Feel free to cut and paste any wording or make alternative points in your own words.

The closing date for submissions is 11.59pm, Thursday, 16 January 2025

The Suggested Recommendation is ” ‘Do not proceed with this proposed legislation”.