A New Zealand investigative journalist and author says the US spy system hosted by the Government Communications Security Bureau (GCSB) appears to be a controversial intelligence system used in global capture-kill operations.

Writing a commentary for RNZ News today, Nicky Hager, author of Secret Power, a 1996 book on New Zealand’s role in global spy networks, said the controversial and unidentified foreign intelligence operation cited in a report by New Zealand’s Inspector-General of Intelligence and Security (IGIS) last week appeared to be an “intelligence system with a ghostly codename”.

“The IGIS report said the GCSB decision to host a foreign system from 2012-2020 was ‘improper’ and that the GCSB ‘could not be sure the tasking of the capability was always in accordance with… New Zealand law’,” he wrote.

“The Inspector-General said: ‘I have found some of the GCSB’s explanations about how the capability operated and was tasked to be incongruous with information in GCSB records at the time’,” Hager wrote.

But the Inspector-General could not reveal details of the system to the public because they were “highly classified”.

“The name and function of the foreign spy spying equipment, the identity of the ‘foreign partner agency’ and the location of the ‘GCSB facility’ where foreign equipment was hosted all remained secret,” Hager wrote.

Hager argued that the mystery spy equipment appeared strongly to be a top secret US surveillance system that had been installed at the GCSB’s Waihopai base at the same time as the equipment in the IGIS investigation was installed at a “GCSB facility”.

25 years of investigations
Hager has worked as an investigative journalist for the past 25 years, and has been a New Zealand member of the International Consortium of Investigative Journalists for 20 of those years.

In 2018, he was part of a reference group established by the Inspector-General of Intelligence and Security.

Hager wrote that the top secret NSA spy equipment had the ghostly codename “APPARITION” and fitted with all the details presented in the IGIS report.

“APPARITION was owned by and controlled by the US National Security Agency — the world’s largest intelligence gathering agency and head of the Five Eyes intelligence alliance that includes the GCSB,” he wrote.

According to Hager, the NSA internal report, written after the launch of the APPARITION system in 2008, said that it “builds on the success of the GHOSTHUNTER prototype . . .  a tool that enabled a significant number of capture-kill operations against terrorists”.

“Capture-kill operations involve lethal attacks on targeted people using drones, bombs and special forces raids,” wrote Hager.

“Human rights organisations have documented numerous deaths of civilians during capture-kill operations — many of them ‘algorithmically targeted’ by electronic surveillance systems such as APPARITION.

‘Extra-judicial killings’
“They are also criticised as being ‘extra-judicial killings’.”

For decades, protesters had been calling for the GCSB’s iconic radomes at Waihopai Valley spy base in rural Marlborough to be dismantled, saying that when that intelligence was shared with Five Eyes partners — the United States, the United Kingdom, Canada and Australia — it made New Zealand complicit in the military campaigns of those countries, among other criticisms.

However, Anti-Bases Campaign (ABC) organiser Murray Horton said at the time of news of the domes’ redundancy in 2021 was nothing to celebrate, since the base itself would continue to operate at the site, “albeit without its most conspicuous physical features that stick out like dogs’ balls”.

The out-of-date domes were removed in 2022.

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Te Kuaka, an independent foreign policy advocacy group with a strong focus on the Pacific, has called for urgent changes to the law governing New Zealand’s security agency.

“Pacific countries will be asking legitimate questions about whether . . . spying in the Pacific was happening out of NZ,” it said today.

This follows revelations that a secret foreign spy operation run out of NZ’s Government Communications Security Bureau (GCSB) for seven years without the knowledge or approval of the government or Parliament.

RNZ News reports today that the former minister responsible for the GCSB, Andrew Little, has admitted that it may never be known whether the foreign spy operation was supporting military action against another country.

New Zealand’s intelligence watchdog the Inspector-General of Intelligence and Security revealed its existence on Thursday, noting that the system operated from 2013-2020 and had the potential to be used to support military action against targets.

The operation was used to intercept military communications and identify targets in the GCSB’s area of operation, which centres on the Pacific.

In 2012, the GCSB signed up to the agreement without telling the then director-general and let the system operate without safeguards including adequate training, record-keeping or auditing.

When Little found out about it he supported it being referred to the Inspector-General for investigation.

Refused to name country
But he refused to say if he believed the covert operation was run by the United States although it was likely to be one of New Zealand’s Five Eyes partners, reports RNZ.

Te Kuaka said in a statement today the inquiry should prompt immediate law reform and widespread concern.

“This should be of major concern to all New Zealanders because we are not in control here”, said Te Kuaka member and constitutional lawyer Fuimaono Dylan Asafo.

“The inquiry reveals that our policies and laws are not fit for purpose, and that they do not cover the operation of foreign agencies within New Zealand.”

It appeared from the inquiry that even GCSB itself had lost track of the system and did not know its full purpose, Te Kuaka said.

It was “rediscovered” following concerns about another partner system hosted by GCSB.

While there have been suggestions the system was established under previously lax legislation, its operation continued through several agency and legislative reviews.

Ultimately, the inquiry found “that the Bureau could not be sure [its operation] was always in accordance with government intelligence requirements, New Zealand law and the provisions of the [Memorandum of Understanding establishing it]”.

‘Unknowingly complicit’
“We do not know what military activities were undertaken using New Zealand’s equipment and base, and this could make us unknowingly complicit in serious breaches of international law”, Fuimaono said.

“The law needs changing to explicitly prohibit what has occurred here.”

The foreign policy group has also raised the alarm that New Zealand’s involvement in the AUKUS security pact could compound problems raised by this inquiry.

AUKUS is a trilateral security pact between Australia, the UK and the US that aims to contain China.

Pillar Two’s objective is to win the next generation arms race being shaped by new autonomous weapons platforms, electronic warfare systems, and hypersonic missiles.

It also involves intelligence sharing with AI-driven targeting systems and nuclear-capable assets.

‘Pacific questions’
“Pacific countries will be asking legitimate questions about whether this revelation indicates that spying in the Pacific was happening out of NZ, without any knowledge of ministers”, said Te Kuaka co-director Marco de Jong.

“New Zealand’s involvement in AUKUS Pillar II could further threaten the trust that we have built with Pacific countries, and others may ask whether involvement in that pact — with closer ties to the US — will increase the risk that our intelligence agencies will become entangled in other countries’ operations, and other people’s wars, without proper oversight.”

Te Kuaka has previously spoken out about concerns over AUKUS Pillar II.

“We understand that there is some sensitivity in this matter, but the security and intelligence agencies should front up to ministers here in a public setting to explain how this was allowed to happen,” De Jong said.

He added that the agencies needed to assure the public that serious military or other operations were not conducted from NZ soil without democratic oversight.”

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