Electronic Operations

Question 1

What is an electronic operation in regards to drugs?

Answer 1

Any offence against section 6 of MODA1975 which involves Class A B or C controlled drugs

And includes certain offences identified under the Psychoactive substances act 2013.

Question 2

Definition of a private communication

Answer 2

Means a communication (whether oral or written or in the form of telecommunication)

And any party to the communication

Desires it to be confined to the parties to the communication

Question 3

Definition of an Interception device

Answer 3

Means any

Electronic
Mechanical
Electro magnetic
Optical 
Electro optical

Apparatus
Equipment
Instrument
Or other device

Used or capable of being used to intercept or record a private communication.

Does not include a hearing aid or similar used to correct subnormal hearing

Question 4

Definition of a visual surveillance device

Answer 4

Means any

Electronic
Mechanical
Electro magnetic
Optical
Electro optical

Apparatus
Equipment
Instrument
Or other device

Used or capable of being used to observe and record a private activity.

Does not include spectacles, contact lenses or other device used to correct subnormal vision.

Question 5

Definition of a tracking device

Answer 5

Means a device that may be used to help ascertain

by electronic or other means

• The location of a thing or person
• whether a thing has been opened, tampered with, or in some other way dealt with

Does not include a vehicle or other means of transport such a boat or helicopter

Question 6

What does section 49 of s&s state?

Answer 6

Section 49 of s&s act states that an application for a SDW must be made by an enforcement officer and must contain certain particulars:

• Description of EM believed to be able to be obtained by use of the surveillance device
• Grounds on which application is made
• Name of applicant
• Name, address or other description of the person, place, vehicle or other thing that is object of the proposed surveillance
• Period for which surveillance is sought
• Provision authorising the making of an application for a SW in respect of suspected offence
• Suspected offence that SDW is sought
• Type of surveillance device to be used

Question 7

What does section 55 of s&s state?

Answer 7

Section 55 outlines the form that surveillance device warrant application should be in and what the contents should contain.

This includes that it must:

• be in the prescribed form
• be directed to every enforcement officer who has authority to carry out the activities authorised by the SDW
• specify a period of up to 60 days for which the warrant may be in force
• contain a condition as to providing a SDW report
• contain a condition as to privilege

Question 8

What are the reporting requirements in relation to a SDW?

Answer 8

Section 59:
Provide a written report to issuing judge

within 1 month

after the expiry of the period for which the warrant is in force.

Section 60:
A report is required to be provided to a judge in relation to the use of a surveillance device in situations of urgency or emergency

Question 9

How long can surveillance data be retained?

Answer 9

Section 63:
Raw surveillance data may be retained until:

• the conclusion of criminal proceedings that the data related to
• conclusion of any appeal proceedings
• the expiry of any period for bringing such an appeal
• until the later of a maximum of 3 years or any further period specified under subsection 2 if

no criminal proceedings have commenced in relation to any offence of which data was collected

but data is required for an ongoing investigation

• applications may be made to court for an order extending the period for which raw surveillance data may be retained.

Question 10

Disposal of surveillance data

Answer 10

Section 64:

Any data must be deleted or erased if not retained in accordance of section 63.

Question 11

Types of enforcement officers

Answer 11

Constables

NZ customs

Department of Internal Affairs

Question 12

What does IMEI stand for?

Answer 12

International
Mobile
Equipment
Indentification

Question 13

What does trapping or pre loading mean?

Answer 13

Text messages are stored by TSPs who have ability to trap or pre load message content

to allow time for the information to be obtained via section 6 production orders.

Question 14

What should the telephone investigator undertake in first 24 hours?

Answer 14

Trap or preload phone data

Find one person at TSP to liaise with

Draft a production order application early

Liaise with an analyst to assist with formatting raw data into spreadsheets

Prove ownership of phones, phone numbers or IMEI to a person

Question 15

What is an evidential transcript?

Answer 15

A written record of intercepted communications.

Must be verbatim.

Question 16

Two times when a SDW is not required

Answer 16

A: Being lawfully in private premises provided that he records what he observes or hears there that he could see or hear without the use of a SD.

B: covert audio recording of a voluntary oral communication between 2 or more persons with consent of at least 1 of them.

Question 17

What are the two main categories of a tracking device?

Answer 17

Tracking devices falls into two main categories:

1: a device that can be used to help ascertain the location of a person or thing

whether or not it is installed in or on
the thing being tracked
or in the possession of a person being tracked.

Example:
Location of person through cellphone when it’s turned on
Or
Use of a thermal imaging device from the air to track movements on the ground. (Eagle)

2: a device used for detecting whether a thing has been handled.

The use of this device requires a warrant (46(1)(b))
when installation involves trespass on land or to goods.

Question 18

What does section 48 allow you to do?

Answer 18

In some situations of emergency or urgency, a SD may be used for up to 48 hours without warrant

if entitled to apply for a warrant but the delay in obtaining it would be impracticable.

Question 19

What are the situations of emergency and urgency that specifically relate to controlled drugs and controlled deliveries?

Answer 19

RGTS an offence HB, IB, IATB committed

in relation to particular controlled drugs specified or described in schedules 1-4

and RGTB the use of the surveillance device would obtain EM.

OR

RGTB a person is in possession of any 1 or more things described in section 81

And

RGTB use of a surveillance device is necessary to facilitate the things seizure.

Question 20

Definition of section 46(1)(e)

Answer 20

Observation of private activity in the curtilage of private premises

And any recording of that observation

If any part of of the observation or recording is by means of a VSD

And the duration exceeds

3 hours in any 24 hours or 8 hours in total