Electronic Operations

Question 1

Two types of tracking devices

Answer 1

1. To ascertain the location of a person or thing
2. To detect whether a thing has been handled (requires SDW when installation involves trespass on land or to goods)

No evidence on there use by Police has bene provided in a court hearing in NZ. Successful use of this tool in the future may rely on this

Question 2

Audio Device

Answer 2

• SDW where interception of a private communication will be done
• Installation can only be done by police TSU members (by law)
• Audio device must be monitored
• Allow sufficient time for the installation

Question 3

Electronic Investigations

Answer 3

Must be a drug dealing off against section 6 of MODA which involves class A, B or C and includes certain offences identified under the Psychoactive Substance Act 2013

Question 4

Evidential Material

Answer 4

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

Question 5

Private communication

Answer 5

Means a communication (whether in oral or written form, or in the form of telecommunication or otherwise) made under circumstances that may reasonable be taken to indicate that any party to the communication, desires it to be confined to the parties to the communication
But
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 6

Interception Device

Answer 6

Means any electronic, mechanical, electro-magnetic, optical, electro-optical instrument, apparatus, equipment or other device that is used or capable of being used to intercept or record a private communication
But
does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Trespass or no trespass = Serious offences only

Question 7

Visual Surveillance Device

Answer 7

Means any electronic, magnetic, electro-magnetic, optical, electro-optical instrument, apparatus, equipment or other device that is used or capable of being used to observe or observe and record a private activity
But
Does not include any spectacles, contact lenses or a similar device used to correct subnormal vision of the usr to no better than normal vision.

If trespass involved = serious offences only

Question 8

Surveillance Device

Answer 8

An interception Device
A tracking Device
A visual Surveillance Device

A device that assists and enhances your normal capabilities to carry out surveillance

Ought reasonably to expect are private

Question 9

Tracking Device

Answer 9

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

Question 10

Trespass Surveillance

Answer 10

Unathorised entry onto private land or unauthorised handling of goods

Question 11

Serious offence

Answer 11

An offence punishable by 7 years imprisonment (or against certain sections o the Arms Act)

Question 12

S47 - Activities that don’t require a SDW

Answer 12

• Being lawfully on private premises
• Recording what he or she observes or hears there
• Covert audio recording of a voluntary oral communication

Question 13

Voluntary Communication

Answer 13

Communication between one or more person where at least one party in the communication gives their consent for the communication to be recorded.
Don’t need a SDW

Stack: Where one party to the communication knows an interception is taking place, this is no longer a private communication

Question 14

McGinty

Answer 14

Techniques had been tried without success which was sufficient. A judge was not required to refuse a warrant because Police had no exhausted every conceivable alternative technique of investigation

Question 15

Admissibility of evidential material relevant to other offending

Answer 15

S.57:
While carrying out surveillance in relation to an offence, and a person obtains EM in relation to an offence that is not respect of the warrant, but could have been issue or a surveillance device could have been lawfully used,
the EM is not inadmissible in criminal proceedings .

Question 16

Criteria for issuing a SDW

Answer 16

RGTS that an offence has been, is being or will be committed in respect of which this Act or any enactment specified in column 2 of the schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence
and
RGTB that the proposed use of the SD will obtain information that is EM in respect of the offence
and
the restrictions in S45 do not prevent the issuing of a SDW in the circumstances.

Question 17

S64 Evidence Act 2006

Answer 17

Grants privilege to informers that protects their identity.
You are not required by law to name you CHIS. Use their registered code number.
McGinty

Question 18

Who can make a SDW application

Answer 18

S.49 Search and Surveillance Act 2012
- Must be made by an enforcement officer (as enforcement officer is defined in S&S Act to include Constables).

Can be carried out by any or all of the persons to whom it is directed. Any assistance who I called upon to assist who is at all takes under the supervision of the person above.

Question 19

SDW application content

Answer 19

S55 Search and Surveillance Act 2012
It must be in the prescribed form 
Must be directed to every enforcement officer 
Specify up to 60 days
SDW report 
Contain a condition as to privilege

Question 20

SDW Reporting Requirements

Answer 20

S59 Search and Surveillance Act 2012

• The person who carried out the activities authorised must provide a written report to the using judge within one month after the expiry of the period it was in force.
• The Judge may include other requirements such as the destruction of material obtained (S61)
• Disposal or raw surveillance and info obtained (S64).

Question 21

Who controls an electronic operation

Answer 21

Controlled by a D/I or D/S/S but must have prior approval from District Commander. And legal services consult.

Question 22

CMC

Answer 22

Central Monitoring Centre

• Service centre for NZ Police to support electronic operations
• Provide investigation teams with application called 4SightUCM (software program containing all lawfully intercepted private communication)

Question 23

When may intercepted communication be withheld in disclosure

Answer 23

• Info which is likely to prejudice the maintaining of law and detecting of offences
• Likely to endanger the safety of any person
• Prejudice the security or defence of NZ
• Personal or private info
• Privileged info

Question 24

Relevancy Definition

Answer 24

Relevant in relation to information or an exhibit, means information or an exhibit that tends to support or rebut o has a material bearing not he case against the defendant.

Question 25

S46 - Activities which require a SDW

Answer 25

a: use of an interception device to intercept private communication
b: use of a tracking device (except where a tracking drive is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with and the installation of the device does not involve trespass to land or goods)
c: observation of private activity in private premises and any recording of that observation by means of VSD
d: use of SD that involves trespass to land or goods
e: observation of private activity in the curtilage of private premises and any recording of that observation, if any part of the observation or recording is by means of a VSD, and the duration of the observation for the purposes of a single investigation or a connected series of investigation exceeds - 3hrs in any 24hr period or 8hrs in total

Question 26

Evidential transcripts

Answer 26

The evidential transcript must be a verbatim copy of the recorded version conversation. However when it is presented to the court, the recording will be played back in such a manner that extraneous or inadmissible evidence is not disclosed.