Electronic Operations Flashcards
Private Communication
(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.
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 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.
Restricted under S & S Act 2012 to obtaining EM for serious offences only (7 years or more, certain Arms Act offences).
SDW required unless consent is obtained by at least one of the parties to covertly record a voluntary oral communication between that person and others involved in that communication.
Visual Surveillance Device
(a) means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used or 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.
Visual Trespass Surveillance
Not defined in the Act but can be taken to mean trespass surveillance involving the use of a visual surveillance device.
Surveillance Device
Any 1 or more of the following…(3)
(a) an interception device
(b) a tracking device
(c) visual surveillance device
Tracking Device
(a) a device that may be used to help ascertain, by electronic or other means, either or both of the following:
- the location of a thing or person
- whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other mode of transport such as a boat or helicopter.
Trespass Surveillance
Surveillance will be unlawful if it involves a trespass (unauthorised entry onto private land or unauthorised handling of goods), unless authorised by SDW.
Where trespass surveillance is involved the legislation restricts the use of a visual surveillance device to obtaining evidential material for serious offences only (7 years imprisonment or more, certain Arms Act offences).
Voluntary Oral Communication
Communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded. No SDW required to intercept and record these.
Disclosure of Interceptions
Withhold on following grounds…(5)
S 16, Criminal Disclosure Act 2008
- Information which is likely to prejudice the maintenance of law, including the prevention, investigation and detection of offences.
- disclosure is likely to endanger the safety of person/people.
- disclosure is likely to prejudice the security or defence of NZ
- disclosure of personal and private information
- disclosure of privileged information.
Relevancy
Criminal Disclosure Act 2008
“relevant, in relation to information or an exhibit, means information or an exhibit that tends to support or rebut or has a material bearing on the case against the defendant.”
Telephone Investigation
Analysis of call data should precede interception.
O/C should be one of the first appointments.
Identify phones via IMEI or SIM
During first 24 hours:
- “Trap” phone data at TSP
- Find a liaison at the TSP
- Draft a PO application
- Consider public interest grounds - no warrant required.
- Appoint analysts
- Link phones and numbers to individuals as much as possible.
