New Zealand’s engagement in the new United Nations process to negotiate an international cybercrime treaty
Aotearoa New Zealand is currently engaged in the new United Nations process to negotiate an international cybercrime treaty. On this page you will find updated information about how the negotiations are tracking, as well as any upcoming consultations and opportunities for engagement.
You can also contact our negotiating team any time at [email protected].
What is the UN cybercrime treaty and why does it matter to New Zealand?
On 27 December 2019, the United Nations General Assembly adopted Resolution 74/247 establishing an Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes.
Aotearoa New Zealand’s overarching goal for the negotiations is to seek a harmonised, modern and effective global framework for cooperation and coordination between states to tackle the growing threat posed by cybercrime to individuals, business and governments. Addressing cybercrime and cyber-enabled crime is a priority for Aotearoa New Zealand and the broader Pacific region. New Zealand has experienced the effects of several major cyber-attacks over the past few years. Our region’s increasing reliance on digital connectivity, something that has increased during the COVID pandemic, has heightened the need to ensure cyber security. The frequency and severity of attacks continues to grow, and effective cyber security is critical to our economic and security resilience.
Aotearoa New Zealand seeks to maintain and promote a rules-based international order in line with our values. It is important therefore that Aotearoa New Zealand is part of the conversation that shapes this new instrument for international cooperation.
We know that New Zealanders have a strong interest in a safe, secure, free and open internet. We are therefore committed to engaging with non-government stakeholders including the private sector, civil society, academia, and interested New Zealanders throughout the negotiations.
Stay up to date
The first session of the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes took place from 28 February – 11 March 2022 in New York. The Ad Hoc Committee agreed on a range of procedural matters to guide future sessions and exchanged initial views on the scope and objectives of the draft Convention.
The key outcomes from the session were:
- Agreement on the broad elements that would make up the structure of the Convention.
- Agreement on a roadmap for the negotiations (setting out the negotiating timeline).
- The Committee discussed the scope and objectives of the Convention based on a document developed by the Chair. This document will serve as a guide for future negotiating sessions.
The above documents, as well as the report of the first session, can be found on the United Nations Office of Drugs and Crime (UNODC) website here.
The next session of the Ad Hoc Committee will take place in Vienna, 30 May – 10 June. The second session will focus on an initial read through of the general provisions, criminalisation provisions, and provisions on procedural measures and law enforcement.
The UNODC website also includes updates from the secretariat and submissions to upcoming sessions from member states including New Zealand.
Past Consultations
In October 2021, the Department of the Prime Minister and Cabinet, the Ministry of Foreign Affairs and Trade and the Ministry of Justice sought your views on a set of draft principles and objectives to guide New Zealand’s engagement in the early stages of the negotiations. You can read the results here.
In May 2022, we sought your feedback on New Zealand’s written submission to the second session of the treaty negotiations, and our approach to the chapters on general provisions, criminalisation provisions, and provisions on procedural measures and law enforcement. You can read the results here.
Have your say
The seventh session of the Ad Hoc Committee (AHC) to negotiate a United Nations Cybercrime Convention took place from 29 January – 9 February 2024, with a further re-convened session scheduled for 29 July – 9 August 2024. This will be the final opportunity for Member States to agree a Convention under the current mandate of the AHC.
In line with previous feedback we have received, the New Zealand Government has advocated for a Convention that is focused on core cyber-dependant crimes, as well as a limited set of cyber-enabled crimes, where the use of ICTs has significantly increased the impact of the crime. We have also advocated for provisions that would provide protections for human rights and fundamental freedoms, and sought to prevent duplication with existing international legal instruments.
Ahead of the re-convened session, the Chair has produced a further revised version of the draft Convention. It incorporates elements discussed at previous sessions, including those which the Chair believes are most likely to find consensus among Member States. You can find the draft Convention here. In addition to the draft text, the Chair has produced draft interpretative notes and a draft resolution.
If you are interested in providing your comments on the revised draft of the Convention, the interpretative notes and draft resolution, please submit a response to [email protected] by 5.00pm 22 July 2024.