Definitions

Question 1

Private premises

Answer 1

means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises

Question 2

Non-private premises

Answer 2

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

Question 3

Surveillance device

Answer 3

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

Question 4

Tracking device

Answer 4

(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

Question 5

Visual surveillance device

Answer 5

(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)
does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

Question 6

Intercept

Answer 6

in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—
(a)
while it is taking place; or
(b)
while it is in transit

Question 7

Interception device

Answer 7

(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 a 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

Question 8

Evidential material

Answer 8

in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 9

Private activity

Answer 9

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

Question 10

Private communication

Answer 10

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 11

Curtilage

Answer 11

Means 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 daily activities take place.