Legislation to Strengthen Cybercrime Protection for Kiwis Passes First Reading in Parliament

Justice Minister Paul Goldsmith says the Bill will enhance international cooperation and provide law enforcement with tools to combat growing cyber threats.

New legislation aimed at protecting New Zealanders from cybercrime has passed its first reading in Parliament today, marking a significant step forward in the country's fight against online threats. Justice Minister Paul Goldsmith highlighted the urgent need for the bill, pointing to recent statistics showing that 11% of New Zealanders were victims of fraud and cybercrime in 2023, resulting in financial harm and emotional distress for thousands.

The Bill sets the foundation for New Zealand to join the Budapest Convention, formally known as the Council of Europe Convention on Cybercrime. The Budapest Convention is the only binding international treaty on cybercrime, and it serves as a global framework for nations to harmonize their laws and cooperate more effectively on criminal investigations across borders.

Goldsmith emphasized that by joining the convention, New Zealand is sending a strong signal to its international partners that it is committed to addressing the growing threat of cybercrime. "This move demonstrates that we take cybercrime seriously and are prepared to do our part in the global effort to eliminate it," Goldsmith said.

Key Provisions in the Bill:

The Bill includes several key provisions that will ensure New Zealand’s domestic laws align with the requirements of the Budapest Convention:

New Preservation Directions in the Search and Surveillance Act: This will empower law enforcement agencies to issue "preservation directions" that require companies to retain records that may serve as evidence of criminal activities. This is crucial for cases where data could be deleted or altered before investigators have a chance to review it.

Enhancements to the Mutual Assistance in Criminal Matters Act: Amendments to this Act will streamline New Zealand's ability to seek help from foreign governments in criminal investigations and will make it easier for New Zealand to provide assistance in return. Given the international nature of cybercrime, such cooperation is vital for tracking offenders who often operate across multiple jurisdictions.

Amendments to the Crimes Act: Minor adjustments will be made to the Crimes Act to ensure that offences related to cybercrime and the use of computers are fully aligned with the Budapest Convention. These changes will update and expand definitions to reflect modern cybercrime tactics.

Why the Budapest Convention Matters:

The Budapest Convention is a pioneering agreement, bringing together over 60 countries in a united front against cybercrime. It offers a framework for countries to improve their domestic legislation on cybercrime and enables closer collaboration with other nations. This is especially important for cybercrimes like hacking, ransomware, and identity theft, which often involve perpetrators and victims in different countries.

Joining the Convention will also improve New Zealand’s ability to share and request information, helping law enforcement tackle online threats more effectively. Goldsmith noted that this will be instrumental in ensuring that criminals who operate across borders cannot evade justice by exploiting legal gaps between nations.

"Cybercrime does not respect borders, and neither should our efforts to combat it," he added. "This Bill will equip our law enforcement agencies with the tools and international support they need to investigate and prosecute cybercrime effectively."

Growing Threat of Cybercrime:

The introduction of this legislation comes at a time when cybercrime is on the rise globally. In New Zealand, the financial toll from cybercrime and online fraud is growing, with victims often suffering significant financial losses, not to mention the emotional stress that accompanies these crimes. As more people and businesses shift their operations online, the opportunities for cybercriminals to exploit weaknesses have also increased.

The Bill’s passing of the first reading is a positive sign, but it will now go through further stages of scrutiny, including submissions from the public and additional parliamentary readings before becoming law. The hope is that, once enacted, the legislation will provide stronger safeguards against the increasingly sophisticated cyber threats that New Zealanders face.