The report from the Inspector-General of Intelligence and Security Paul Neazor indicates that the New Zealand security service didn’t conduct a thorough check on Dotcom’s immigration status before monitoring Dotcom, which otherwise would have proved that he hold’s a permanent resident’s visa, thus making the whole thing unlawful. The Government Communications Security Bureau (GSCB) can only take actions against foreign targets, thus faltering when it carried out surveillance on Dotcom.
In a media conference, John Key said, “Of course I apologize to Mr Dotcom, and I apologize to New Zealanders.” The Prime Minister further said that citizens had the right to protection by law and that the Government had “failed to provide that protection to them.”
Key said, “The GCSB relied on information provided to it by the Organized and Financial Crime Agency. In my view, reliance on another party by GCSB is unacceptable”.
The Prime Minister went on to say, “It is the GCSB’s responsibility to act within the law, and it is hugely disappointing that in this case its actions fell outside the law. I am personally very disappointed that the agency failed to fully understand the workings of its own legislation.”
The question still remains regarding how did the mistake happen? There is this specific section in the report by Neazor titled “Potential for confusion.” According to him, “The illegality arose because of changes in the Immigration Act wording and some confusion about which category Dotcom was in thereafter.”
This doesn’t fit well though as according to a document by published by ComputerWorld, the New Zealand police had all the information about Dotcom’s residency status before the surveillance was carried out.
Find the video here.