Electronic Operations

Question 1

Define, Private Communication

Answer 1

Means a communication made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties of the comms, but
Does not include a comms that one party reasonably expects it may be intercepted.

Question 2

Define, Interception device.

Answer 2

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; BUT
Does not include a hearing aid or similar to correct hearing.

Question 3

Define, Visual Surveillance Device

Answer 3

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

Question 4

Visual trespass surveillance

Answer 4

Trespass surveillance involving the use of a visual surveillance device.

Question 5

Define, Surveillance

Answer 5

Surveillance includes:
Observing, and any recording of that observation, of people, vehicles, places and things, OR,
Ascertaining (tracking) the location of a thing or person, and/or ascertaining if a thing has been tampered with, OR,
Intercept a private communication through the use of a surveillance device.

Question 6

Trespass surveillance and serious offences.

Answer 6

Where trespass surveillance is involved the legislation restricts the use of a visual surveillance device to obtaining evidential material for serious offences only.
Serious offences in relation to trespass surveillance is an offence punishable by 7 years imprisonment or more, plus certain Arms Act 1983 offences.

Question 7

Legislation - Activities for which surveillance device warrant required.

Answer 7

Section 46 Search and Surveillance Act 2012
(1) An enforcement officer who wishes to undertake any one or more of the following activites must obtain a SDW:
(a) use an interception device to intercept a private communication
(b) use of a tracking device, except where it’s installed solely for ascertaining if the thing has been opened and installation does not involve trespass
(c) observation of private activity in private premises, recording of that, with surveillance device
(d) use of a surveillance device that involves trespass to land or goods
(e) observation of private activity in the curtilage of private premises, recording of that if any part is recorded by surveillance device, and the duration of that observation for the purpose of a single investigation, or connected series of Investigations, exceeds 3hrs in a 24hr period, or 8hrs in total.

Question 8

Legislation - Some activities that DO NOT require a SDW - Surveillance Device Warrant

Answer 8

Section 47 SS Act 2012
(1) No warrant is required for 1 or more of the following activities:
(a) the enforcement officer
i) being lawfully in private premises, AND
ii) recording what he or she observes or hears there (without a surveillance device)
b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them
d) activities carried out by the enforcement officers use of surveillance device, if that use is authorized under any enactment other than this Act.

Question 9

Restrictions on use of interception device

Answer 9

The SS Act 2012 restricts the use of an interception device, to intercept private communication, whether in private or non private premises, to obtain evidential material for serious offences only.
Offences are:
offences punishable by 7 years imprisonment or more, plus certain Arms Act 1983 offences.

Question 10

What is the exception to the requirement to obtaining a SDW for the use of an interception device?

Answer 10

When consent is obtained by at least one of the parties to covertly record a voluntary oral communication made between that person and others involved in the communication.

Question 11

Define, Voluntary oral communication

Answer 11

Is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded. No requirement to obtain a SDW to intercept and record a voluntary oral communication.

Question 12

Situations of Emergency for use of Surveillance device without warrant.

Answer 12

Section 48 SS Act 2012
- Punishable by a term of 14yrs or more of imprisonment
- An Arms Act 1983 offence
- A drug offence
- Likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
- Presenting risk to life and safety and surveillance is necessary as an emergency response.

Question 13

How many hours can a surveillance device be used without a warrant in circumstances of an emergency?

Answer 13

48hrs - Section 48 SSAct 2012

Question 14

Conditions for issuing surveillance device warrant

Answer 14

Section 51 SS Act 2012
Conditions are:
a) there are reasonable grounds,
i) to suspect that an offence has, is or will be committed in respect of which this Act, authorises enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence, AND,
ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence, AND
b) the restrictions in section 45 do not prevent the issuing of a SDW in the circumstances.

Question 15

CHIS - what section of what Act protects their identity?

Answer 15

Section 64 of the Evidence Act 2006

Question 16

Legislation - Informers

Answer 16

Section 64 Evidence Act 2006
1) An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informers’ identity.
2) An informer, is an informer for the purpose of this section if -
a) has supplied, gratuitously or for reward, information to an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his identity will not be disclosed, AND,
b) is not called as a witness by the prosecution to give evidence relating to that information.
3) An informer may be a member of Police undercover.

Question 17

What requirements are needed within one month after the expiry of the period for which the SDW is in force?

Answer 17

Section 59 SSAct 2012 sets out requirements on the person who carries out the activities authorized by a SDW, to provide a written report to the issuing Judge.

Question 18

What are some reasons why disclosure of interceptions withheld?

Answer 18

• info likely to prejudice the maintenance of law, including the prevention, investigation, and detection of offences.
• disclosure of info is likely to endanger the safety the safety of any person or people.
• disclosure of the info is likely to prejudice the security or defence of NZ.
• disclosure or personal, private, or privileged info.

Question 19

What key activities should be undertaken within the first 24hrs into an investigation?

Answer 19

• ‘Trapping’ phone data as soon as new numbers come in.
  an effective working relationship with the TSP (Telecommunications Service Provider)
• Draft a P.O application early
• No S.W required for emergency situations
• Liasing with analysts
• Proving phone ownership

Question 20

How long can a SDW be issued for?

Answer 20

Up to 60 days.

Question 21

In electronic operations, must consider….

Answer 21

Logistical support.
Analysis of evidence.
CHIS protection.
Implications of disclosure and legal grounds for withholding.

Question 22

Two forms of tracking devices

Answer 22

Beacon and GPS