Search & Surveillance Act 2012

Question 1

s3 Search and Surveillance Act 2012

Intercept

Answer 1

Intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either —

(a) while it is taking place; or
(b) while it is in transit

Question 2

s3 Search and Surveillance Act 2012

Interception device

Answer 2

interception device—(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 intercept or record a private communication (including a telecommunication); but

(b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 3

s3 Search and Surveillance Act 2012

Tracking Device

Answer 3

• *tracking device**—(a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
  (i) the location of a thing or a person:
  (ii) whether a thing has been opened, tampered with, or in some other way dealt with; but

(b) does not include a vehicle or other means of transport, such as a boat or helicopter

Question 4

s3 Search and Surveillance Act 2012

Surveillance Device

Answer 4

surveillance device 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 5

s3 Search and Surveillance Act 2012

Private Premises

Answer 5

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

Question 6

s3 Search and Surveillance Act 2012

Tresspass surveillance

Answer 6

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

Question 7

s3 Search and Surveillance Act 2012

Visual Sureveillance Device

Answer 7

visual surveillance device—(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other devicethat 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

Question 8

s3 Search and Surveillance Act 2012

Evidential material

Answer 8

evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible orintangible, of relevance to the investigation of the offence

Question 9

15 Search and Surveillance Act 2012 -

Entry without warrant to find and avoid loss of evidential material relating to certain offences

Answer 9

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.

Question 10

16 Search and Surveillance Act 2012

Searching people in public place without warrant for evidential material relating to certain offences

Answer 10

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 in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

Question 11

17 Warrantless entry and search of vehicle for evidential material relating to certain offences

Answer 11

17 Warrantless entry and search of vehicle for evidential material relating to certain offencesA constable may, without a warrant, enter and search a vehicle that is in 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 in or on the vehicle.

Question 12

45(1) Search and Surveillance Act 2012

Restrictions on some trespass surveillance

Answer 12

45 Restrictions on some trespass surveillance and use of interception device

(1) Nothing in this subpart authorises any enforcement officer 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) against s25, 26, or 70 of the Psychoactive Substances Act 2013.

Question 13

46 Search and Surveillance Act 2012

Activities for which surveillance device warrant required

Answer 13

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 with, 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.

Question 14

117(1) Search and Surveillance Act 2012

Special powers where application for search warrant pending

Answer 14

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 sought, 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 the securing of items in it (including, without limitation, a member of a hapu or an iwi if the place to be entered is of cultural or spiritual significance to that hapu 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.

Question 15

123(1) Search and Surveillance Act 2012

Seizure of items in plain view

Answer 15

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.

Question 16

S45(2) Search and Surveillance Act 2012

Restrictions on use of interception device

Answer 16

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 section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or
(c) against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

Question 17

S47 Search and Surveillance Act 2012

Some activities that do not require warrant under this subpart

Answer 17

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.

Question 18

117(2) Search and Surveillance Act 2012

Special powers where application for search warrant pending

Answer 18

(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.

Question 19

117(3) Search and Surveillance Act 2012

Special powers where application for search warrant pending

Answer 19

(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.

Question 20

117(4) Search and Surveillance Act 2012

Special powers where application for search warrant pending

Answer 20

(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.

Question 21

123(2) Search and Surveillance Act 2012

Seizure of items in plain view

Answer 21

(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.