In what has been described as a “grave invasion of personal privacy,” New Zealand Customs have introduced a new rule that could force tourists and citizens to hand over their device passwords or face a $NZ5000 ($3220) fine.
The Customs and Excise Act 2018, which came into effect on Monday, gives officials authority to access codes, passwords, encryption keys and even fingerprints or any related information that enables access to an electronic device. The rule applies to foreign visitors and New Zealand citizens alike, when the customs officials have “reasonable cause to suspect” a person or their device warrants a digital search.
Authorities are allowed to copy, review and evaluate data from devices and can also remove or hold them for a time “reasonably”necessary to conduct the search. If people refuse a request, they face a fine of $5000 or having their device confiscated so officials can attempt to access it by other means.
Before the rule came into effect, customs officials could demand to see people’s devices, but could not compel them to hand over passwords. The rule doesn’t extend to allowing customs agents to delve into people’s cloud storage, it only applies to what is already on their devices.
New Zealand Customs say the rule is necessary because people carry so much information on their devices, including the “majority of prohibited material and documents.”
It also said that in 2017, border officials examined 537 devices of the 14 million travelers who were searched and they don’t expect an increase as a result of the rule’s implementation.
New Zealand Council for Civil Liberties (CCL) slammed the rule and in a statement highlighted how a serious criminal could “easily store the data on the internet, travel with a wiped phone, and restore it once they enter the country.” It said the rule would mostly affect innocent travellers who will be compelled to hand over access to their personal devices.
“Nowadays we’ve got everything on our phones; we’ve got all our personal life, all our doctors’ records, our emails, absolutely everything on it, and customs can take that and keep it,” spokesperson Thomas Beagle told TVNZ. “They don’t have to tell you what the cause of that suspicion is, there’s no way to challenge it.””
Le pays a voté une loi qui exclut les étrangers de son marché immobilier résidentiel. À quelques exceptions près.
La Nouvelle-Zélande a voté une nouvelle loi interdisant aux étrangers, à quelques exceptions près, d’acheter des propriétés résidentielles, afin de lutter contre la flambée de l’immobilier dans l’archipel du Pacifique Sud. La loi, votée mercredi soir, est la réalisation d’une promesse de campagne de la Première ministre travailliste Jacinda Ardern, qui s’était engagée avant son élection l’année dernière à rendre l’immobilier plus abordable pour ses concitoyens.
«C’est une étape très importante qui prouve la détermination de ce gouvernement à permettre que davantage de Néo-Zélandais puissent réaliser leur rêve de l’accès à la propriété», a déclaré le ministre du Développement économique David Parker. Il a ajouté que cette réforme visait à «assurer que le marché pour nos maisons soit fixé en Nouvelle-Zélande et pas par les marchés internationaux».
Taux de propriétaires au plus bas depuis 60 ans
Dans un rapport, le gouvernement avait indiqué il y a quelques mois que l’immobilier résidentiel avait augmenté de 30% en cinq ans, une hausse deux fois supérieure à la croissance des salaires, et même quatre fois plus forte à Auckland. En conséquence, le taux de propriétaires est au plus bas depuis 60 ans.
Le gouvernement de centre-gauche de Mme Ardern a toujours imputé cette situation à l’appétit immobilier grandissant d’investisseurs étrangers au pouvoir d’achat supérieur à celui des Néo-Zélandais. Il avait même identifié les investisseurs chinois comme étant les principaux responsables de la flambée des prix à Auckland. La nouvelle législation aura pour conséquence d’interdire aux investisseurs vivant à l’étranger, notamment en Chine, d’acheter des résidences en Nouvelle-Zélande.
En vertu d’un accord de libre-échange unissant leurs pays, les Australiens, qui constituent la deuxième population d’investisseurs étrangers, pourront continuer à acheter en Nouvelle-Zélande, de même que les habitants de Singapour.
(Newsroom) A National Party MP who studied at an elite Chinese spy school before moving to New Zealand has attracted the interest of our Security Intelligence Service.
The list MP Jian Yang did not mention in his work or political CVs a decade he spent in the People’s Liberation Army-Air Force Engineering College or the Luoyang language institute run by China’s equivalent of the United States National Security Agency.
That agency, the Third Department, conducts spying activities for China.
Newsroom has been told that to have taught at the Air Force Engineering College, Yang would have almost certainly been an officer in Chinese military intelligence and a member of the Communist Party, as other students and staff have been.
Yang studied and then taught there before moving to Australia where he attended the Australian National University in Canberra. He migrated to this country to teach international relations in the politics department at the University of Auckland.
He was hand-picked by National Party president Peter Goodfellow to become an MP on its list in 2011, wooed directly by the former Prime Minister John Key and has been a key fundraiser for National among the Chinese community in Auckland.
As an MP he variously served on Parliament’s Foreign Affairs, Defence and Trade (from 2014 until last year), Commerce, Transport and Industrial Relations and Health and Science select committees and is prominent in New Zealand’s interactions with the Chinese community and diplomatic and consular missions in Wellington and Auckland. He remains a Parliamentary Private Secretary for ethnic affairs.
Newsroom has worked with the Financial Times in Hong Kong to investigate Yang’s background.
We can reveal Yang confirmed in a recorded interview in Chinese with the Financial Times that he attended both military institutions.
In his comments to the FT researcher, Yang twice urged her to concentrate on the New Zealand election. “You don’t need to write too much about myself,” he said, adding later: “As for me myself, actually I don’t feel it’s necessary to include so many detailed things.”
Interviewed today, by Newsroom, Yang refused to comment, saying repeatedly on camera: “Talk to my boss” and “I have nothing to hide”. He then drove away.
Yang later released a statement saying he refuted “any allegations that question my loyalty to New Zealand”.
The statement said he had been “nothing but upfront and transparent” about his education and employment.
Yang challenged those who were “propagating these defamatory statements” to front up and prove them.
“This is a smear campaign by nameless people who are out to damage me and the National Party 10 days from an election, just because I am Chinese.”
An expert in Chinese intelligence Peter Mattis told Newsroom from the US that someone who attended and then taught at the Air Force Engineering College and attended the language institute would almost certainly have been an officer in China’s PLA and member of the Communist Party.
Newsroom understands New Zealand’s Security Intelligence Service has scrutinised him at times over three years, including interviewing one person about him last year.
The SIS said today it would not comment on operational matters, especially investigations involving individuals.
A hearing of Parliament’s Privileges Committee into intelligence surveillance protocols for MPs occurred in late 2013. If an intelligence agency has cause to monitor an MP, the SIS director or Inspector-General of Intelligence is to brief the Speaker of the House. The Privileges Committee, chaired at the time by Attorney-General Chris Finlayson, polices contempts, which can include anything that could impede or restrict the rights of MPs to conduct their business unimpeded.
A Memorandum of Understanding between the SIS and Parliament’s Speaker from 2010 says: “The only circumstances in which collection may be directed against a sitting MP is where a particular MP is suspected of undertaking activities relevant to security.”
It is not known if the Speaker, David Carter, or Prime Ministers John Key or Bill English, who were the ministers in charge of the SIS, have been briefed on Yang’s background or the SIS interest. Comment is being sought from Bill English.
National Party President Peter Goodfellow claimed in an interview with the Financial Times this morning that Yang’s education in China was widely known in New Zealand.
Goodfellow said he had “no idea” about any SIS investigation into Yang.
“He certainly gave us his full resume with the two universities – an air force academy and the other one,” Goodfellow said. “You’re making a number of assumptions based on his background and I’d be careful unless you have proof of what you’re saying.”
He also said Yang’s background was “covered in a review of candidates” by a government relations consultancy, Saunders Unsworth.
Interest in Yang’s background precedes his moving to New Zealand. It is understood some officials at ANU were suspicious of his close ties to China when he worked there.
China-watchers suggest someone educated at an elite PLA Air Force Engineering College and then at the Luoyang Foreign Languages Institute would have had to be a member of the Chinese Communist Party to be allowed to stay on and teach. It was considered unusual for someone with intelligence connections to be allowed to leave China for Australia to study, or to have done so without the backing of the party or PLA.
Yang’s maiden speech to Parliament did not mention his education at the military establishments, although he noted that in 1978, the year Deng Xiaoping began China’s economic reforms, “I passed the newly-restored higher education examination and became part of the small group of high school graduates who went on to university”.
The missing decade in Yang’s CV is reflected in that speech. After saying he entered university in 1978, the next date he gives is: “In April 1989, a great opportunity was opened up for me when I received a scholarship to Johns Hopkins University in the United States.”
The Tiananmen massacre and global controversy in June that year prevented him from leaving for that study. Chinese sources do not discuss where he worked for the next five years but he did attend the Johns Hopkins centre for American-Chinese study in Nanjing for one year.
In 1994 Yang began postgraduate studies at the ANU, achieving a doctorate and then taking the job in Auckland. He credits professors Barry Gustafson and Raymond Miller with helping him in his political education in New Zealand and colleagues for encouraging the move from political theory to professional politics.
In his maiden speech Yang outlined the failure of socialist economic policies in China before 1978 and its success in introducing capitalism with socialist characteristics, lifting millions from poverty, encouraging entrepreneurialism, personal responsibility, and reward for achievement.
“Reflecting on the way in which China has achieved its positive change and development gives me a firm belief that the policies of the National Party are in the best interests of New Zealand,” he said.
Yang’s involvement in the foreign affairs and trade select committee at Parliament did not require security clearances because elected MPs are not subject to the normal public service requirements. He is said to be a central figure promoting and helping shape the National government’s China strategy and responsible for its engagement with the New Zealand Chinese community.
In 2014, former Prime Minister John Key attended a fundraising dinner organised by Yang for wealthy ethnic Chinese voters, which the New Zealand Herald and Stuff websites reported raised $200,000 for the party’s election campaign.
The emergence of Yang’s study and work at the military intelligence institutions in China has intrigued China-watchers in both Australia and this country. The engineering college is reputedly one of China’s 10 top military academies. The Luoyang ‘Foreign Language Institute’ is part of the Third Department of the Joint Staff Headquarters of the PLA – one of two main military intelligence agencies. The institute, in Henan province in central China, has around 500 teaching staff for 29 languages and has had 50,000 graduates including 100 generals.
The Third Department is responsible for China’s signals intelligence operations and for providing intelligence assessments based on information gathered. According to author Mark Stokes in his 2015 The PLA General Staff Department, Third Department, Second Bureau, linguists assigned to that section are sent to Luoyang for language training “then assigned to a Third Department bureau for mission specific technical training”.
Yang is understood to have met his wife, Jane, an IT specialist, at Luoyang.
The China expert Mattis, author of the book Analysing the Chinese Military and a former staffer of the US National Bureau for Asian Research told Newsroom the Third Department covered all forms of signals intelligence.
“It could be direction finding for signals, it could be encryption, it could be trying to break the codes of other countries, other militaries – and today that involves computer network exploitation.”
Asked if it was conducting spying, he said: “Yes. This is the national signals intelligence authority that pretty much every country has. In the US it is the NSA, in the UK it is GCHQ and in Australia the National Signals Directorate.”
Yang’s time at Johns Hopkins Nanjing was a strong indicator of his intelligence involvement as in the era he attended many of the Chinese students were from military intelligence.
“It is not definitive, but it is certainly a signal indicator that when combined with others will cleanly identify someone as being a part of Ministry of State Security or military intelligence.”
Australia and New Zealand
He said there were two equally plausible scenarios for Yang leaving China for Australia. One was to escape his homeland and put his past behind him to create a new life. The other was to have worked for military intelligence, most likely China’s Second Department, dealing in human intelligence.
Since coming to New Zealand in 1999, Yang had been active in semi-official New Zealand discussions and events with China, Japan and Southeast Asian countries.
In the National Party, Yang is prominent with a large group of Chinese members calling themselves the Blue Dragons and campaigning enthusiastically at events during this campaign, including National’s launch at the Trusts Stadium in Henderson on August 27.
Asked if it was unusual internationally for someone with a military intelligence background in one country to be an MP in another, Mattis said: “It is something I would have hoped that his colleagues in the National Party would have put to him in the vetting process … because certainly on its face, it would be quite disconcerting.”
“There are countries with whom we are friendly, but there are no friendly intelligence services.”
When Hong Kong-based financier Michael Nock wanted a place to escape in the wake of the 2008 global financial crisis, he looked beyond the traditional havens of the rich to a land at the edge of the world, where cows outnumber people two-to-one.
Nock, the founder of hedge fund firm Doric Capital Corp., bought a retreat 5,800 miles away in New Zealand’s picturesque Queenstown. In the seven years since, terror threats in Europe and political uncertainty from Britain to the U.S. have helped make the South Pacific nation — a day by air away from New York or London — a popular bolthole for the mega wealthy.
Isolation has long been considered New Zealand’s Achilles heel. That remoteness is turning into an advantage, however, with hedge-fund pioneer Julian Robertson to Russian steel titan Alexander Abramov and Hollywood director James Cameron establishing multi-million dollar hideaways in the New Zealand countryside.
“The thing that was always working against New Zealand — the tyranny of distance — is the very thing that becomes its strength as the world becomes more uncertain,” Nock, 60, said by phone from Los Angeles during a recent business trip.
The Other “Giverny”
Nock’s 2-hectare (5-acre) estate is named “Giverny” after artist Claude Monet’s iconic home and garden in northern France, and the “funny old farmhouse” is surrounded by ponds and mature plants, he said. Nock is converting a barn into an art studio on the property, which overlooks Queenstown’s Shotover River — a fast-flowing, turquoise stretch of water that tourists speed down on jet boats and whitewater rafts.
Twice the size of England, but with less than a tenth of its people, New Zealand ranks high on international surveys of desirable places to live, placing among the top 10 fordemocracy, lack of corruption, peace and satisfaction. With its NZ$250 billion ($180 billion) economy dominated by farming and tourism, the nation last week overtook Singapore as the best country in the world to do business and was rated second to the Southeast Asian nation as the top place to live for expatriates in a survey by HSBC Holdings Plc. in September.
House prices in New Zealand increased 12.7 percent in the year through October, and the average price in largest city Auckland has almost doubled since 2007 to more than NZ$1 million.
Jack Ma, founder of e-retailing behemoth Alibaba Group Holding Ltd. and China’s richest man, told Prime Minister John Key in April that he’d like to buy a home in his country, according to the New Zealand Herald. At least 20 of Ma’s 40-something colleagues have retired there, the newspaper said.
Key, a former currency trader, once described New Zealand as “England without the attitude.” It’s changed leaders just twice in almost 17 years and the last hint of terrorism came a generation ago, when French spies bombed a Greenpeace campaigning ship docked in Auckland harbor in 1985.
It’s that kind of stability that’s attracting a wave of Brexit-inspired migration to the island nation that gained prominence as the otherworldly backdrop to the “Lord of the Rings” and “The Hobbit” films.
New Zealand received 998 registrations from U.K. nationals interested in moving to the country the day after the referendum on European Union membership, versus 109 the day before the vote, according to data from the immigration department. That grew to 10,647 registrations in the 49 days after June 23, more than double the same period a year earlier.
“If the world is going to go to hell in a hand basket, they’re in the best place they could possibly be,” said David Cooper, director of client services at Malcolm Pacific Immigration in Auckland, the country’s biggest migration agency. “People want to get the hell out of where they are and they feel that New Zealand is safe.”
Cooper has seen an uptick in inquiries from U.S. citizens over the past few months, he said, with the increasingly raucous presidential fight between Donald Trump and Hillary Clinton, as well as the recent spate of mass shootings, cited as reasons to flee.
“The world is heading into a major crisis,” said Internet entrepreneur Kim Dotcom in an Oct. 31 Twitter post. “I saw it coming and that’s why we moved to New Zealand. Far away & not on any nuclear target list.” The German-born founder of megaupload.com was granted residency in 2010, but is now fighting attempts to extradite him to the U.S.
Successful Kiwis who have worked in investment banking and other lucrative professions in New York and London are also returning home to raise their families, said Ollie Wall, a realtor with Auckland-based Graham Wall Real Estate Ltd. The firm helped broker New Zealand’s most expensive house sale in 2013, when a seven-bedroom mansion on the city’s Paritai Drive was sold to a China-born businessman for NZ$39 million.
“The world has got smaller,” Wall said in an e-mail. “You can run multinational corporations from paradise now. So why wouldn’t you?”
Fidelity National Financial Inc. Chairman Bill Foley owns a luxury homestead in the Wairarapa region north of Wellington, and Robertson, chair of Tiger Management LLC in New York, owns two of the nation’s most prestigious golf courses and a luxury lodge overlooking Queenstown’s Lake Wakatipu. He says New Zealand is “the most beautiful place on Earth.”
Billionaire Facebook Inc. backer Peter Thiel described New Zealand as a “utopia” in 2011 and is reported to have bought residential property in Auckland and Queenstown. Thiel and a spokesman for the PayPal co-founder didn’t respond to e-mailed requests for comment.
New Zealand has actively courted the wealthy. For an investment of NZ$10 million in local assets or funds over a three-year-period, migrants can qualify forresidency provided they spent 44 days in New Zealand in each of the two latest years. These investors don’t have to speak English or live for a set amount of time in the country after the qualification period. They also don’t have to become tax residents.
Since the program started six years ago, 121 people have gained so-called Investor Plus visas, and more than 800 have secured a residency pass that requires a NZ$1.5 million investment over four years, government data show.
“It provides a bolthole, a place for ‘just in case’,” said Willy Sussman, a partner at Auckland law firm Bell Gully, which has worked with wealthy migrants from all over the world.
The desire for a haven nestled among snow-capped alps close to an international airport helped house prices in Queenstown increase at more than twice the pace of Auckland in the year through October, reaching an average of NZ$974,564.
Mark Harris, managing director of the town’s Sotheby’s Realty office, said he has sold properties for more than NZ$20 million, including ones with private landing strips.
“We hedge fund people all love optionality,” said Nock, the part-time Queenstown resident from Hong Kong. “Will I live in New Zealand permanently? I’m not sure, but I want the optionality of being able to do that.”