S&S - Key Definitions

Question 1

Define Arms

Answer 1

Any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983), or any ammunition

Question 2

Define Curtilage

Answer 2

is a legal term used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.

Question 3

Define Evidential Material

Answer 3

in relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 4

Define Non-Private Premises

Answer 4

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.

Question 5

Define Private Activity

Answer 5

means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.

Question 6

Define Private Premises

Answer 6

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

Question 7

Define Surveillance Device

Answer 7

means a device that is any 1 or more of the following kinds of devices:

(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device.

Question 8

Define Trespass Surveillance

Answer 8

means surveillance that involves trespass to land or trespass to goods.

Question 9

Define Unlawfully at Large

Answer 9

in relation to a person, means that the person:

 has an arrest warrant in force (excluding fines warrants)

 has escaped from prison or is absent without leave

 has escaped from lawful custody, e.g. police cells or a police car

 is a special patient or a restricted patient and has escaped or has failed to return from leave

 is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave

 is a “young person” who is the subject of a Youth Court “Supervision with residence” order and they are absconding from CYFS custody.

Question 10

Define Visual Surveillance Device

Answer 10

(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 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.