An intelligence expert is suggesting the country's spies may have been breaking the law.
It comes after recommendations in a review of intelligence laws that recommend GCSB and SIS staff be immune from criminal liability for actions undertaken in obtaining and operating under warrants.
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Counter intelligence expert Dr Paul Buchanan said it's remarkable there's been no legal cover to the undercover agents of the SIS.
"And because there has been no legal cover then what they do to begin with, and assuming a false identity, is illegal".
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Dr Buchanan said the language around the immunity clauses needs to be tightened.
He said it's not good enough to say "act in good faith" or, "within the intentions of the Act".
Dr Buchanan said they'll have to specify more closely what is, and what is not, acceptable behaviour for undercover agents.
Labour leader Andrew Little said some scope has to be allowed for the fact intelligence agencies deal with people that act on the edge, if not the other side, of the law.
"In the end it comes down to making sure that there isn't some sort of carte blanche license to wholesale break the law and do whatever they like," he said.
"There's no security agency that could possibly be tolerated or justified that works in that sort of way."
Last year the High Court ruled evidence for the bulk of charges laid by Nelson police against members of the Red Devils gang was improperly obtained because a fake warrant was used to arrest an undercover officer.
Dr Buchanan said he has a strong feeling this was the precipitating event for immunity protections now being recommended for intelligence officers employed by the SIS and GCSB.
He said it must have been a red flag to the SIS in particular because it's very likely they do similar things in pursuit of their duties
SIS and GCSB Minister Chris Finlayson is still considering the review's recommendations and was unavailable to be interviewed on the matter.
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