I am the process, says GCSB Chief Andrew Hampton

Andrew Hampton, the spy chief who blocked Spark's plans to use Huawei for his 5G network, claims that he has not been under any pressure from his counterparts in Five Eyes nor to the political sphere in the exercise of its functions.

He stated that his role as Chief of the Government Communications Security Branch (GCSB) was narrowly defined by legislation and that he was not in a position to take into account issues such as international relations or the consequences on the economy.

But he added that there were several stages in the process in which the decision could be reconsidered, ultimately by the GCSB Minister, Andrew Little.

The Chinese government criticized this decision. Foreign Ministry spokesman Geng Shuang said that there were "serious concerns".

"We hope that the New Zealand government will create an environment of fair competition for Chinese companies operating in New Zealand and will do more to build confidence and bilateral cooperation," the spokesman said.

Hampton did not want to comment specifically on the Spark-Huawei case, but he did talk about the process in general.

"I can only follow the process prescribed in the legislation and take into account the types of factors described in the legislation," Hampton said. Herald aujourd & # 39; hui.

"My role as the regulator is very specific with respect to the factors as a regulator that I must take into account and they all deal with the question" Is there a risk for network security here? "

"The more general factors regarding the impacts on the economy, the impacts on international relations are for later in the process and they will be the type of elements that the minister will have to take into account if this materializes a day."

He said that even though New Zealand shared the information with its Five Eyes partners – the United States, Britain, Canada and Australia – it had never exerted pressure about the regulatory function, which the agency had exercised hundreds of times.

"Although we are an intelligence agency and obviously share our information with our Five Eyes partners, I am under no pressure from our partners when I am in charge of this regulatory function. also a function that I fulfill independently of the ministers. "

One of the objectives of the 2013 Telecommunications Act (interception and security capability) was to protect New Zealand's most important information networks.

When network operators wish to make significant changes to their network, they should inform the GCSB.

"The first thing to do for my business is to determine whether or not there is a risk to the security of the network.If so, we must warn the network operator and this one has two options: withdraw their notification or work with us to mitigate it. "

If it was not possible to mitigate it, the next step would be for the Mandate Commissioner, Sir Bruce Robertson, to review it and report back to Hampton.

"If the problems are still not resolved, then I have the option to refer the matter to the Minister responsible for the GCSB for it to make a final decision," Hampton said.

"The minister takes into account not only the national security issues that I advise, but also a wider range of issues, which requires him to consult with other ministers."

Commenting on the Chinese response, Foreign Minister Winston Peters told Parliament that China may not have understood the process.

"It's not clear that the Chinese understand that our legislation has put in place a process because of the GCSB's statement to Spark," he told reporters. "Until this process is completed, any interpretation they might have would be wrong."

Any suggestion that the government would have banned Huawei would be false and he would try to correct that impression with China.

Peter Peters' colleague Andrew Little also downplayed the diplomatic impact by saying, "I am convinced that the relationship with China is very broad and very solid."

"We have a very strong relationship," said Little. "This is a problem for New Zealand seeking its national security interests, which is what you expect from a government. that the GCSB did. "