Deck Four

Question 1

Using hearsay evidence

Answer 1

Can be used to outline the grounds on which the application is made, if highly reliable. Indicate its reliability by stating: - Sufficient information to prove the reliability of what has been stated - The informants reliability and whether they have given reliable info in past. - Whether the Information has been confirmed by other means

Question 2

Post search process Procedure - SW justified by outcome

Answer 2

Where execution of SW is justified by outcome of execution and the resulting loss or damage is suffered by the subject compensation will seldom be paid. - Example: SW at address for cannabis where plant are found and owner aware of plants, compensation for damage will not be paid.

Question 3

Procedure - SW not justified by outcome

Answer 3

Where the execution of a SW is not justified by the outcome but grounds for the execution were sound, compensation is unlikely. Results on case by case basis. - Example SW executed at address where occupants are believed to be dealing meth. Credible grounds for SW. nothing found, compensation is unlikely for justifiable damage.

Question 4

Damage caused to rentals

Answer 4

• Landlords and those who have boarders living in a property belonging to them will generally carry the risk in respect of illegal activity taking place. - Insurance may cover repairs

Question 5

Unreasonable searches or unjustified damage

Answer 5

• Method of entry an manner in which the search is conduced must be reasonable - Where unjustified damage is caused, compensation may be available

Question 6

Mistakes when SW’s or powers are executed

Answer 6

• When a mistake is made in the execution of a SW, eg wrong address, compensation is likely.

Question 7

Policy – police employees

Answer 7

Police employees must not incur expenditure or any indication or undertaking on behalf of police to rectify damage cased to any property in execution of SW.

Question 8

Policy – where claim arises

Answer 8

It should be directed by O/C of incident to the District Commander or national manager for consideration, with a report containing - Circumstances in which the SW was executed - Grounds for its execution - Damage cased and circumstances - Outcome of SW - Details of owner of property and occupier at time - Nature and basis of claim, as sated by owner - Steps taken by police or owner to prevent further loss or damage O/C should assist owners in putting their claim forward for consideration if they lack ability to do so

Question 9

Securing premises

Answer 9

Premises should never be left unoccupied and insecure after a forced entry as liability may arise. O/C should make every attempt to prevent loss by ensuing property is secured. Securing property- will mean - Liaising with the owner or occupier to secure their own property. - At occupiers request or owners, engage with a contractor to make the premises secure on understanding they will bear the cost. - Attending staff effect temp repair.

Question 10

Surveillance - What is surveillance?

Answer 10

Planned and directed activity. Either open or covert and for purpose of - Observing and recording of that observation, of people, vehicles, places and things - Ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with - Intercepting a private communication

Question 11

Surveillance – regulates

Answer 11

The SnS act 2012 regulates only those surveillance activities undertaken by means of a device: - Where trespass is not involved - Where trespass is involved - Where warrantless powers exists

Question 12

Surveillance – risk assessment

Answer 12

Surveillance is risky. These risks must be: - Ided - Assessed - Considered in planning before surveillance is executed

Question 13

Surveillance – TENR

Answer 13

• Threat - Exposure - Necessity - Response Thorough risk assessment is a component of the surveillance device warrant app process and must be repeated before a SDW is executed

Question 14

What is a surveillance device

Answer 14

A device which assists and enhances your normal capabilities to carry out the surveillance May be on or more of the following kinds of device - A visual SD - An interception device - A tracking device

Question 15

What is a visual SD

Answer 15

Visual surveillance device – (a) Means any electronic, mechanical, electromagnetic, optical or other device that is used to observe, or to observe and record a private activity, but (b) Does not include specticals or similar used to correct normal vision.

Question 16

Visual SD sec 46

Answer 16

Activities for which a SDW required (c) Observation of private activity in private premises and any recording of that observation by means of a VSD

Question 17

Visual SD sec 46 – exceptions

Answer 17

Some exceptions apply to the requirement to obtain a SDW for use of a VSD - Situations of emergency or urgency (although use of a SD in these situations must be still reported online) and: - Activities that do not require a warrant

Question 18

Private lands and goods

Answer 18

SnS act restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private. - Land in pricate ownership - Any private premises on that land and ‘goods’ (chattels – vehicles, tangible belongings)

Question 19

Surveillance - trespass

Answer 19

Surveillance is unlawful if it involves trespass, which is unauthorised entry onto private land or unauthorised handling of goods Unless authorised by a SWD

Question 20

Private premises

Answer 20

Private premises means a private dwelling house, marae, and other premises that are not within the definition of no-private premises

Question 21

Non – private premises

Answer 21

Premises, or part of a premises which members of public frequently are permitted to have access. - Any part of a hospital (not consulting rooms, theatres) - Bus station - Rail station (not office, staff meal room)

Question 22

Private activity

Answer 22

A participant in an activity can reasonably expect the activity is private, if it is carried out in private premises. - But – ‘ought reasonably to expect’ must be an objective test (what any person would expect) - Where private activity occurs is key importance. - Consider – Hotel room, back garden, changing room.

Question 23

Private Communication

Answer 23

(a) Means a communication (whether in oral or written form, or in the form of a telecommunication or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but (b) Does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.

Question 24

Private Communication – note

Answer 24

Note that any person can reasonably expect their communication to be private when it occurs in circumstances where they have the right to expect it will not be intercepted or recorded. Where reasonable expectations of privacy are interfered with or intruded upon by the use of an interception device, a surveillance device warrant is required.