Search and Surveillance Act 2021 and NZ Bill of Rights Act 1990

Question 1

What is the purpose of the S & S Act?

Answer 1

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 2

When are oral applications allowed?

Answer 2

Written would result in delay that compromise search AND
The question of whether it should be issued can be determined on basis or oral communication or personal appearance AND
all required info is supplied to IO

Question 3

Define trespass

Answer 3

Unauthorised entry onto private land or the handling of private property.

Flying over property does not constitute trespass.

Question 4

If no surveillance device is used and no trespass is involved, what is required?

Answer 4

No warrant

Question 5

If no SD is used and trespass is involved, what is required?

Answer 5

Search warrant

Question 6

What was the finding in R v Mallinson?

Answer 6

The expression ‘without delay’ is not synonymous with ‘instantly’ or ‘immediately’. Was the delay reasonable in all circumstances having regard to the purpose of the right.

Question 7

R v Ormsby

Answer 7

There is no absolute prohibition on Police questioning a suspect who has received legal advice and has told Police that the burden of that advice is that the suspect should remain silent but despite this the suspect continues to answer question.

Question 8

R v Perry

Answer 8

There is no absolute prohibition on further questioning by the Police after the right to silence has been asserted.
Rights earlier asserted may be waived, provided the waiver is an informed and voluntary one.
In determining whether there has been an informed and voluntary waiver of the rights earlier asserted an evaluative approach is applied.

Question 9

R v Piper

Answer 9

Police are justified in not offering privacy where is would not be safe to leave accused alone of because there was a risk that the appellant would try to dispose of evidence and warn others.

Question 10

R v Hendy

Answer 10

No legal requirement for police to offer a suspect opportunity to phone multiple lawyers if they are not satisfied with legal advice obtained.

Question 11

Police v Kohler

Answer 11

A valid waiver requires a conscious choice that is both informed and voluntary and it cannot be implied from silence or failure to request rights