THE HIGH COURT of NEW ZEALAND CIV 2014-485-11344 WELLINGTON REGISTRY Under the Judicature Amendment Act 1972, Part 30 of The
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THE HIGH COURT OF NEW ZEALAND CIV 2014-485-11344 WELLINGTON REGISTRY Under The Judicature Amendment Act 1972, Part 30 of the High Court Rules, the Bill of Rights Act 1990, and the Search and Surveillance Act 2012 In the matter of An application for judicial review And in the matter of A search warrant issued by Judge IM Malosi of the Manukau District Court on 30 September 2014 Between N A HAGER Applicant And HER MAJESTY’S ATTORNEY-GENERAL First Respondent And THE NEW ZEALAND POLICE Second Respondent And THE MANUKAU DISTRICT COURT Third Respondent Key Evidence Bundle Volume 1: Applicant’s affidavits Solicitor Counsel Thomas Bennion Julian Miles QC Felix Geiringer Bennion Law Richmond Chambers Terrace Chambers L1, 181 Cuba Street L5, General Buildings No. 1 The Terrace PO Box 25 433 33 Shortland Street PO Box 10 201 Wellington 6146 PO Box 1008 Wellington 6143 Tel: +64 4 473 5755 Auckland 1140 Tel: +64 4 909 7297 Fax: +64 4 381 3276 Tel: + 64 9 600 5504 Fax: +64 4 909 7298 [email protected] [email protected] [email protected] Index to the Key Evidence Bundle Volume 1: Applicant’s affidavits Tab Deponent Date Page 1 Nicolas Alfred Hager 07.10.14 1 2 Bryce David Edwards 31.03.15 43 3 David James Fisher 27.03.15 62 4 Seymour Myron Hersh 26.03.15 80 5 Gavin Peter Ellis 31.03.15 90 6 Adam Julian Boileau 31.03.15 106 7 Nicolas Alfred Hager (Second) 16.06.15 136 8 David James Fisher (Second) 18.06.15 148 9 Wayne Leslie Stringer 22.06.15 157 10 Adam Julian Boileau (Second) 16.06.15 166 Volume 2: Respondents’ affidavits Tab Deponent Date Page 11 Simon Andrew Beal 04.05.15 191 12 David Christopher Lynch 01.05.15 206 13 Ian Stephen Donovan 30.04.15 220 14 Rex Arthur Cottingham 05.05.15 231 i Tab Deponent Date Page 15 Joseph Eng-Hoe Teo 01.05.15 239 16 Brent Peter Whale 01.05.15 251 17 Simon Andrew Beal (Second) 22.05.15 256 18 Joseph Eng-Hoe Teo (Second) 02.06.15 258 19 David Christopher Lynch (Second) 25.06.15 260 Volume 3: Unbundled exhibits Tab Exhibit Reference Description Date Page 11 NAH-1 T1/p14/§51 Guardian and Walkley 24.09.14, 264 Magazine articles on Dirty and Politics. XX.10.14 12 DJF-1 T3/p64/§11 NZ Herald articles on 01.12.12, 268 warrantless information 08.12.12, requests. and 25.03.15 13 AJB-1 T8/p154/§29 WhaleOil post by Pete 02.11.14 273 claiming to know Source’s identity 14 AJB-2 T6/p128/§99 One News article in which 30.10.14 277 John Key says he knows source’s identity 15 NAH-3 T7/p144/§30 Radio NZ article on Police 01.12.14 278 rejection of Greens complaint ii Tab Exhibit Reference Description Date Page 16 NAH-4 T7/p146/§36 NZ Herald article on 06.06.15 280 accusation Cameron Slater attempted to procure a breach of s 249 17 DJF-2 T8/p154/§29 Article on burglar not 20.06.13 284 charge after tipping of Police 18 AJB-3 T10/p183/§82 Tails software “About” 13.03.15 285 page 19 A T16/p252/§9 Brant Whale’s CV Undated 290 Volume 4: Key Police Disclosure Tab Exhibit Reference Description Date Page 20 Affidavits of LMC-1 Extracts from the PD Original Linda Marie Various to 15 bundles numbering Cheesman iii THE HIGH COURT OF NEW ZEALAND CIV 2014-485-11344 WELLINGTON REGISTRY Under The Judicature Amendment Act 1972, Part 30 of the High Court Rules, the Bill of Rights Act 1990, and the Search and Surveillance Act 2012 In the matter of An application for judicial review And in the matter of A search warrant issued by Judge IM Malosi of the Manukau District Court on 30 September 2014 Between NA HAGER Applicant And HER MAJESTY'S ATTORNEY-GENERAL First Respondent And THE NEW ZEALAND POLICE Second Respondent And THE MANUKAU DISTRICT COURT Third Respondent Affidavit of Nicolas Alfred Hager Affirmed:2 April 2015 Solicitor Counsel Thomas Bennion Julian Miles QC Felix Geiringer Bennion Law Richmond Chambers Terrace Chambers Ll, 181 Cuba Street LS, General Buildings No. 1 The Terrace PO Box25433 33 Shortland Street PO Box 10 201 Wellington 6146 PO Box 1008 Wellington 6143 Tel: +64 4 473 5755 Auckland 1140 Tel: +64 4 909 7297 Fax: +64 4 381 3276 Tel: + 64 9 600 5504 Fax: +64 4 909 7298 [email protected] [email protected] [email protected] 001 I, Nicolas Alfred Hager, investigative journalist of Wellington, solemnly and sincerely affirm: Introduction 1. I am the applicant in these proceedings. I make this affidavit to set out the factual basis of my claim for review. My work Overview 2. Since the early 1990s, I have worked as an investigative journalist and author. I have written six books and various investigative feature articles for New Zealand and overseas publication. I work independently, publishing in newspapers on a freelance basis. 3. I have specialised in investigating complex and/or actively hidden subjects that typically take months or years of research. The subjects have included intelligence agencies, military, Police, environment, health, the public relations industry, and unethical or undemocratic parts of politics. There are common themes in this work relating to democracy, integrity in government, transparency, freedom of information and respect for human rights. Most of my work has been in these areas. My books Secret Power 4. My first book was called Secret Power, New Zealand's role in the international intelligence network, published by Craig Patton Publishing in 1996. The book was the product of several years of research into the previously little known Government Communications Security Bureau (the "GCSB"). The GCSB is a New Zealand foreign intelligence agency. The book described the agency's history, internal structures, operations, training, and facilities. 5. The book described long-term GCSB operations against most South Pacific nations, Japan, Russia, and many other countries. Its most important 1 002 finding concerned GCSB participation in a US-UK-Canada-Australia-New Zealand global surveillance system called Echelon, the antecedent of the mass surveillance systems revealed in recent years by the US whistle blower Edward Snowden. This was the first detailed description of the Echelon system to be published. It included my research documenting a world-wide network of allied intelligence bases that made up the Echelon system. 6. The following year, in 1997, I wrote an article on the workings of the Echelon system in a United States intelligence periodical called Covert Action Quarterly ("Exposing the Global Surveillance System", Covert Action Quarterly, 1 February 1997) . This article was highlighted in a European Parliament report about surveillance and privacy issues in February 1998 (Directorate General for Research, "An appraisal of technologies of political control", 22 February 1998). During the following three years there was debate in several European parliaments about Echelon and there were hundreds of news stories and documentaries on the subject. 7. In 2000-01 there was a year-long special inquiry into Echelon by the European Parliament, the Temporary Committee on the Echelon Interception System (final report 11 July 2001, adopted by European parliament 5 September 2011). I was invited to present to the committee in 2001 and advised on its recommendations. I have been interviewed many times by international media and spoken at overseas conferences on this subject since. Secret Power has been translated into various other languages. 8. Former Prime Minister David Lange wrote a foreword to the book in which he said that "an astonishing number of people have told him things that I, as Prime Minister in charge of the intelligence services, was never told." He wrote "it is an outrage that I and other ministers were told so little, and this raises the question of to whom those concerned saw themselves ultimately responsible". 2 003 9. The international reaction to this book encouraged me to specialise full time in investigative journalism. 10. My research into the GCSB and international surveillance systems was based primarily on information provided by confidential sources. It would have been impossible to gather the information without those confidential sources. I approached a series of past and present intelligence officers and invited them to assist me to inform the public about these intelligence activities. I assured them that I would never reveal their identities nor risk identifying them by what I wrote. 11. Many of the sources had never talked to their families or friends about their jobs and so a high degree of trust and care was required to work with them. None of the sources have ever been found out. To the best of my knowledge, none were suspected or questioned. 12. In each case, the confidential sources knew that I was seeking this information for the purpose of publishing news stories - either in the form of a book or a newspaper article - in order to convey that information to the public as part of a coherent story. I am always open with my sources as to why I am seeking the information. I do not engage in surreptitious practices designed to trick people into sharing confidential information. Secrets and Lies 13. My second book was about the public relations industry. It was called Secrets and Lies, The anatomy of an anti-environmental PR campaign. The book was co-authored with Bob Burton and published by Craig Potton publishing in 1999.