SEARCH AND SURVEILLANCE ACT 2012

Question 1

Under S & S Act 2012, what is the definition of “Evidential material”?

Answer 1

Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 2

Under S & S Act 2012, what is the definition of “Reasonable grounds to believe”?

Answer 2

Having a sound basis for believing that a situation or circumstance actually exists.

Question 3

Under S & S Act 2012, what is the definition of “Reasonable grounds to suspect”?

Answer 3

Having a sound basis for suspecting that a situation or circumstance is likely to exist.

Question 4

Under S & S Act 2012, what is the definition of “Tracking device”?

Answer 4

• 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 a person
  . whether a thing has been opened, tampered with, or in some other way dealt with
• These do not include a vehicle or other means of transport, such as a boat or helicopter

Question 5

Under S & S Act 2012, what is the definition of “Interception device”?

Answer 5

• 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
• This definition covers all manner of listening Devices, from sophisticated devices used to intercept communications through to simple audio recorders.

Question 6

What devices are not included under “Interception devices”?

Answer 6

• Interception devices does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

Question 7

Under S & S Act 2012, what is the definition of “Visual surveillance device”?

Answer 7

• 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
• This is a wide definition. It includes photographic and video cameras and binoculars, and it encompasses anything else that enhances normal vision.

Question 8

What devices are not included under “Visual surveillance device”?

Answer 8

These do not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

Question 9

What is the PURPOSE of Section 5 of the S & S Act 2012?

Answer 9

• To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values.

Question 10

What is the HOW of Section 5 of the S & S Act 2012?

Clue: there are 3 provided (a) - (c)

Answer 10

(a) Modernizing the law of search, seizure and surveillance to take into account advances in technologies and to regulate the use of those technologies
(b) Providing rules that recognize the importance of the rights and entitlements affirmed in other enactments including the New Zealand Bill of Rights 1990, the Privacy Act 1993 and the Evidence Act 2006
(c) Ensuring Investigative tools are effective and adequate for law enforcement needs.