Definitions

Question 1

Tangible

Answer 1

Something that can be touched

Question 2

Intangible

Answer 2

Unable to be touched, does not have a physical presence

Question 3

CADD

Answer 3

Concealed, Altered, Damaged, Destroyed

Question 4

AWOCA

Answer 4

Ask- the person to comply with your search.
Why- Intention to search under S & S
Options- Allow search or be arrested
Confirm- confirm they understand
Action- search or arrest

Question 5

Privileged material

Answer 5

• Allows the holder of particular information to refuse to disclose information, recognized as ‘privileged’.
• Journalists, informers, Ministers of religion, legal advisors, medical and clinical.
• Privilege is communication or correspondence between a person and a journalist, informed, lawyer, doctor etc disclosing offending.

Question 6

Curtilage

Answer 6

• Means the land immediately surrounding a house or dwelling including any closely associate buildings.
• it defines the boundary within which a home owner can have a reasonable expectation of privacy and where common daily activities take place.

Question 7

Production Order

Answer 7

• An order made under S74 S & S Act 2012 requiring a person/organization to produce documents to an enforcement agency as EM of a specified offence.

Question 8

Search Warrant

Answer 8

• Made under S6 S & S Act 2012, provides legal authority to enter and place, vehicle or thing to seize EM relating to an offence.

Question 9

Purpose of the Act

Answer 9

• S5 S & S Act 2012
• to facilitate the monitoring of compliance with the law and investigation and the prosecution of offences in a manner that is consistent with human rights.

Question 10

Hearsay Evidence

Answer 10

• Hearsay evidence can be used to outline the grounds the application is made.
• Information to provide reliability/corroboration.
• if an informant has given reliable information in the past.

Question 11

To obtain a PO what grounds/level of belief is required?

Answer 11

-RGTS an offence has been/is being/will be committed.
-RGTB the documents sought will be EM.
-RGTB the documents sought will be in possession/control of the person/organization on whom the order is served or will come into their possession/control while the order is in force.

Question 12

Other than situations covered in S47, when do you not need a SDW to conduct surveillance using a SD?

Answer 12

-S48 emergencies.
-RGTB EM will be obtained.
-Can’t exceed 48hrs of this surveillance without a warrant.

Question 13

What should you do about damage caused by force during entry to a premise?

Answer 13

-Liaise with the occupier to secure the property.
-Engage a contractor to secure the premise if requested by the occupier and they will cover the cost.
-Effect a temporary repair yourself.

Question 14

What do you do if a Court Registrar declines your SW?

Answer 14

-Record the issuing officers reason for refusing to sign.
-Consider the issues raised and redraft the application to address the issues.
-Resubmit the application to the same issuing officer.
-If the issues cannot be address make further enquiries to support the application and if the reasons for declining the warrant seem unjustified submit a report to legal services for direction.

Question 15

Private Activity

Answer 15

Activity that one or more persons reasonable expect to be observers or recorded by no one except the other person.

Question 16

Private Communication

Answer 16

Communication oral or written that were reasonable made to indicate that the communication will be confined to the parties of communication.

Question 17

Lawful and Reasonable

Answer 17

A lawful search = a search warrant, warrantless power or consent.
Reasonable search = complies with NZBR, nature of the search, how instructive the search is and where and when it takes place.

Question 18

Practicable in the circumstances

Answer 18

You must think about whether applying for a SW is practicable in the circumstance.
-You should always get a SW if practicable even if a warrantless power is available.
-RGTB it is not practicable to apply for a SW in the circumstance.
Considerations = resources, time, can the scene be secured, EM risk, location and person present.
Record decision log.

Question 19

Why a search warrant

Answer 19

Judicial oversight, protection for the Police and public, reporting and recording of results.