Search & Surveillance Act 2012 Flashcards
15 Entry without warrant to find and avoid loss of evidential material relating to certain offences
15 Entry without warrant to find and avoid loss of evidential material relating to certain offences
A constable may enter and search a place without a warrant if he or she has reasonable grounds—
(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(b) _ to believe_—
(i) that evidential material relating to the offence is in that place; and
(ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
16 Searching people in public place without warrant for evidential material relating to certain offences
16 Searching people in public place without warrant for evidential material relating to certain offences
A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is i_n possession of evidential material_ relating to an offence punishable by imprisonment for a term of 14 years or more.
17 Warrantless entry and search of vehicle for evidential material relating to certain offences
17 Warrantless entry and search of vehicle for evidential material relating to certain offences
A constable may, without a warrant, enter and search a vehicle that is i_n a public place_ if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is i_n or on the vehicle_.
45 Restrictions on some trespass surveillance and use of interception device
45 Restrictions on some trespass surveillance and use of interception device
(1) Nothing in this subpart authorises any enforcement office_r to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against s44, 45, 50, 51, 54, or 55 of the Arms Act 1983 or
(c) agains_t s25, 26, or 70 of the Psychoactive Substances Act 2013.
(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against _s44, 45, 50, 51, 54, or 55 of the Arms Act 198_3 or
(c) against s25, 26, or 70 of the Psychoactive Substances Act 2013.
46 Activities for which surveillance device warrant required
46 Activities for which surveillance device warrant required
(1) Except as provided in s47 & 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt wit_h, and the installation of the device does not involve trespass to land or goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i) _ 3 hours in any 24-hour period; or
(ii) 8 hours in total.
(2) This section is subject to section 45.
117 Special powers where application for search warrant pending
117 Special powers where application for search warrant pending
(1) If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement officer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (2),—
(a) enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sough_t, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances:
(b) direct any person to assist with the entry and securing of the place or vehicle or other thing or t_he securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).
(2) The powers conferred by subsection (1) may be exercised if the enforcement officer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
(3) The powers conferred by subsection (1) may be exercised until the first of the following occurs:
(a) the expiry of 6 hours from when the power is first exercised:
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing:
(c) the application for a search warrant is refused.
(4) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
123 Seizure of items in plain view
123 Seizure of items in plain view
(1) This section applies to an enforcement officer who, as part of his or her duties,—
(a) exercises a search power; or
(b) is lawfully in any place or in or on a vehicle; or
(c) is conducting a lawful search of a person.
(2) An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under—
(a) any search warrant that could have been obtained by him or her under this Act or any other enactment; or
(b) any other search power exercisable by him or her under this Act or any other enactment.
(3) If an enforcement officer seizes any item or items under subsection (2), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.
S47 Some activities that do not require warrant under this subpart
S47 Some activities that do not require warrant under this subpart
(1) No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities:
(a) the enforcement officer—
(i) being lawfully in private premises; and
(ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
(b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
(c) activities carried out under the authority of an interception warrant issued under—
(i) section 4A(1) or (2), 4IB(1) or (2), or 4ID(1) of the New Zealand Security Intelligence Service Act 1969; or
(ii) section 15A(1)(a) of the Government Communications Security Bureau Act 2003:
(d) activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.
(2) Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection.
