Search & Surveillance Act 2012

Question 1

What is curtilage?

Answer 1

used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.

Question 2

Visual surveillance device

Answer 2

any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is use or is capable of being used to observe, or to observe and record a private activity.

Question 3

Private activity

Answer 3

any one or more of the participants in it ought reasonable to expect is observed or recorded by no one except the participants.

Question 4

Private premises

Answer 4

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

Question 5

Unlawfully at large

Answer 5

Means that person:

• has a WTA
• escaped prison or absent without leave
• escaped lawful custody
• special patient or restricted patient and not returned
• a care recipient or special care recipient and has not returned
• young person in CYPFS custody

Question 6

Evidential material

Answer 6

in relation to a particular offence, evidence of the offence or any other item tangible, or untangible of relevance to the investigation.

Question 7

Section 7

Answer 7

Entry without warrant to arrest person unlawfully at large

Enter & Search

Question 8

Section 8

Answer 8

Entry without warrant to avoid loss of offender or evidential material

If believe imprisonable offence and CADD

Enter & Search (for arrest - not for evidential material)

Question 9

Section 9

Answer 9

Stopping a vehicle to find person unlawfully at large o who have committed certain offences

If believe imprisonable offence

Stop vehicle.

Question 10

Section 10

Answer 10

Powers and duties of Constable after vehicle stopped

Require to supply details, search the vehicle or the person and evidential material

Question 11

Section 14

Answer 11

Warrantless entry to prevent offence or respond to risk to life or safety

Enter a place or vehicle and take any necessary action

Question 12

Section 16

Answer 12

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

Imprisonable 14 years or more

Search a person in a public place

Question 13

Section 17

Answer 13

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

Imprisonable 14 years or more

Enter a vehicle in a public place
Search the vehicle

Question 14

Section 18

Answer 14

Warrantless searches associated with arms

Search person, anything in possession, place or vehicle

If:

• breach of Arms Act 1983
• mental condition
• Domestic Violence Act 1995

Question 15

Section 20

Answer 15

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

Controlled drugs or precursor substance

Enter and search vehicle or place.

Question 16

Section 22

Answer 16

Warrantless power to search for controlled drugs or precursor substances if offence suspected against MODA 1975.

Controlled drugs or precursor substance

Search a person

Question 17

Section 22

Answer 17

Warrantless power to search for controlled drugs or precursor substances if offence suspected against MODA 1975.

Controlled drugs or precursor substance

Search a person

Question 18

Section 45

Answer 18

Restrictions on some trespass surveillance and use of interception device

To obtain information on any imprisonable offence over 7 years or certain sections of Arms Act 1983.

Undertake Trespass surveillance and use a interception device.

Question 19

Section 46

Answer 19

Activities for which surveillance device warrant required.

For private communication, tracking, observation of private activity in curtilage of private premises

Question 20

Section 47

Answer 20

Some activities that do not require warrant under this subpart

• when lawfully in private premises
• recording what s/he observes or hears
• covert recording between two people made with consent of one of them

Question 21

Section 112

Answer 21

Items of uncertain status may be seized

Whilst exercising a search can seize items of uncertain status for examination or analysis

Question 22

Section 117

Answer 22

Special powers where application for search warrant pending

Enter and detain persons and place until warrant obtained.

6 hour expiry

Question 23

Section 123

Answer 23

Seizure of items in plain view

When exercising a search power, lawfully in a place or vehicle or conducting a lawful search of a person

Seize any items which would have been seized under any other power.