Definitions Flashcards
Firearm
Section 2(1) Arms Act 1983
(a) means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) includes-
(i) anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
(ii) anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
(iii) anything (being a firearm within the meaning of paragraph (a) or subparagraph (ii)) which is for the time being dismantled; and
(iv) any-specially dangerous airgun.
Airgun
Section 2(1) Arms Act 1983
Airgun includes-
(a) any air rifle; and
(b) any air pistol; and
(c) any weapon from which, by the use of gas or compressed air (and not by the force of explosive), any shot, bullet, missile, or other projectile can be discharged.
Pistol
Means a firearm (other than prohibited firearm or restricted weapon) that is designed or adapted to held and fired with one hand, and includes any firearm (other than a prohibited firearm or restricted weapon) that is less than 762mm in length.
Restricted weapon
Means any weapon, whether a firearm or not, declared by the Governor-General, by Order in Council made under section 4, to be a restricted weapon.
Explosive
(a) Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
(b) Without limiting paragraph (a) of this definition, includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
(c) Without limiting paragraph (a) or paragraph (b) of this definition, includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) of this definition applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and
(d) Does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996.
Curtilage
Is a legal term used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond.’ It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
Evidential material
Evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any item, tangible or intangible, of relevance to the investigation of the offence.
Private premises
Search and Surveillance Act 2012
Sec.3(1)
Private premises means a private dwelling-house, a marae, and any other premises that are not within the meaning of a non-private premises.
Non-private premises
Search and Surveillance Act 2012
Sec.3(1)
Non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.
Private activity
Search and Surveillance Act 2012
Sec.3(1)
Private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
Surveillance Device
Search and Surveillance Act 2012
Sec.3(1)
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
Surveillance device means a device that is any 1 or more of the following kinds of devices:
(a) an interception device
(b) a tracking device
(c) a visual surveillance device
Interception device
Search and Surveillance Act 2012
Sec.3(1)
Interception device-
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including telecommunication); but
(b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
Tracking device
Search and Surveillance Act 2012
Sec.3(1)
Tracking device-
(a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
(i) the location of a thing or a person
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter.
Visual surveillance device
Search and Surveillance Act 2012
Sec.3(1)
Visual surveillance device-
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but
(b) but does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
