Part 5 - Pg 44

Question 1

Where a claim arises, or is likely to arise, it should be directed by the officer in charge of the incident to the District Commander or National Manager for consideration along with a report containing the following information?

Answer 1

• the circumstances in which the search warrant or statutory power was executed;
• the grounds for its execution;
• the damage caused and the associated circumstances;
• the outcome of the search warrant or statutory power being executed;
• details regarding the owner of the property and the occupier or user of the property, at the relevant time;
• the nature and basis of the claim, as stated by the owner of the property;
• any steps taken by Police or the owner to prevent further loss or damage.

Question 2

What is a surveillance device?

Answer 2

A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.

A surveillance device may be any one or more of the following kinds of device.

• a visual surveillance device
• an interception device
• a tracking device

Question 3

What is a visual surveillance device?

Answer 3

Visual surveillance device –

(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is 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 4

When is a SDW required?

Answer 4

Section 46 Activities for which surveillance device warrant required
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
Some exceptions apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.
These are:
• situations of emergency or urgency (although use of a surveillance device in these situations must still be reported in the on-line system); and
• activities that do not require a warrant

Question 5

Private premises are?

Answer 5

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

Question 6

Non-private premises are?

Answer 6

Non-private premises 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.
Note: Not all parts of hospitals, bus stations etc are non-private premises. Areas that would be considered as private are:
• hospitals – theatres, consulting rooms
• railway station – office area , staff meal room

Question 7

Private activity means?

Answer 7

A participant in an activity can reasonably expect the activity is private, if it is carried out in private premises.

But – ‘ought reasonably to expect’ must be an objective test i.e. what any
person would expect.

Question 8

What is private communication?

Answer 8

(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.

Note that any person can reasonably expect their communication to be private when it occurs in circumstances where they have the right to expect it will not be intercepted or recorded.

Where reasonable expectations of privacy are interfered with or intruded upon by the use of an interception device, a surveillance device warrant is required.