Search and Surveillance Act 2012

Question 1

S and S Act 2012
Define a Tracking Device ?

Answer 1

Device used to help ascertain, by electronic or other means:
- location of a thing or person
- whether thing opened, tampered with, or some way dealt with,
BUT
- Doesn’t include vehicle, boat, helicopter etc

Question 2

S and S Act 2012
Define an Interception Device ?

Answer 2

• Electrical equipment used to intercept a private communication, BUT
• Doesn’t include hearing aid or similar used to correct subnormal hearing

Question 3

S and S Act 2012
Define Visual Surveillance Device?

Answer 3

Any electrical or optical equipment use to observe a private activity, BUT
- Doesn’t include spectacles, contact lenses or similar, used to corrects subnormal vision

Question 4

S and S Act 2012
The Purpose of this Act was to do what ?

Answer 4

Facilitate monitoring of compliance with the law and investigation/prosecution of offences in manner consistent with human rights values by:
- Modernising law of search, seizure and surveillance, taking account of advances in technologies
- Provide rules recognising NZ BOR
- Ensure Investigated tools are effective and adequate for law-enforcement

Question 5

S and S Act 2012
There are two alternative search powers that might be appropriately exercised immediately upon arrest or detention, what are these ?

Answer 5

• A rubdown search (S. 85-87)
• A Warrantless search

Question 6

S and S Act 2012
When may you search a person under Section 11 (Police Custody) ?

Answer 6

May search a person who has been taken into lawful custody and is;
- At a Police Station, OR

• in other premises, or placed in vehicle being used for Police purposes, AND is to be “locked up”

This power may be exercised BEFORE person locked up.

Question 7

S and S Act 2012
When can you search a person AFTER they have been “locked up” ? ( S. 11(3) )

Answer 7

Can ONLY be searched if:
- were not searched before being locked up; OR
Since search, they have been in close proximity to:
- Person who was not locked up in Police Custody (other than Police etc.); OR
- Another eligible person who was not searched after being locked up; OR
- RG to believe has possession of anything that may be used to harm themselves

Question 8

S and S Act 2012
What are the grounds for applying for search warrant ?

Answer 8

If RG;
- to “suspect” offence punishable by imprisonment, (has, is, will be committed) AND
- to “believe “ search will find evidential material of the offence … in a place, vehicle or other thing

Question 9

S and S Act 2012
When are Oral Applications allowed for a Search Warrant ?

Answer 9

If Issuing Officer satisfied that;
- written Application would result in delay and compromise search: AND
- question whether warrant be issued, can be determined on basis of oral communication: AND
- all information, that is required for written application, is supplied to Issuing Officer

Question 10

S and S Act 2012
Back capturing oral applications
The outcome of a search warrant made on an oral application must be recorded in online S and S system … when ?

Answer 10

As soon as practicable … and in any event, within 24 hours in the online search and surveillance system

Question 11

S and S Act 2012
When may an Issuing Officer allow Applications for a Search Warrant, without a personal appearance or Oral communication?

Answer 11

If Issuing Officer satisfied that;
- Question whether warrant should be issued can properly be determined on basis of a written communication: AND
- Information required for application has been supplied to Issuing Officer; AND
- No need to ask questions or seek further information from applicant

Question 12

S and S Act 2012
Revealing of CHIS or Informant identity … Issuing Officers must not require you to disclose identities UNLESS … what ?

Answer 12

Information is necessary for them to assess:
- the credibility of informant, AND/OR
- there is proper basis for issuing warrant

Question 13

S and S Act 2012
You may only use the Powers under S. 117, (to enter and search place, vehicle, thing and secure item(s), if you “believe” CADD … and are waiting on decision for SW to be granted/refused) … until the first of the following occurs … ?

Answer 13

• expiry of six hours
• warrant granted
• warrant refused

Question 14

S and S Act 2012
S and S Act regulates only surveillance activities with devices.
Surveillance not involving use of Device is not governed by Act (observing, spectacles, contact lenses and hearing aids).
This means that surveillance … ?

Answer 14

• Without Device cannot be authorised by warrant
• Unlawful if involves trespass
• Lawful and without restriction for any purpose, if does not involve trespass and is reasonable (includes general intelligence gathering)

Question 15

S and S Act 2012
The Act regulates use of three types of devices … what are they ?

Answer 15

• Interception Device
• Tracking Device
• Visual Surveillance Device