Search & Surveillance Act 2012 Definitions Flashcards
s3 Interpretation
3 Interpretation
(1) In this Act, unless the context otherwise requires,— access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system
access information includes codes, passwords, and encryption keys, and any related information that enables access to a computer system or any other data storage device
arms means any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983), or any ammunition
business context, in relation to the acquisition of any information by a person, means the acquisition of the information in the person’s capacity as—
(a) a provider of professional services or professional advice in relation to a person who is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence; or
(b) a director, manager, officer, trustee, or employee of an entity that is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence
category 3 offence has the same meaning as in section 6 of the Criminal Procedure Act 2011
category 4 offence has the same meaning as in section 6 of the Criminal Procedure Act 2011
chief executive—
(a) means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions; and
(b) includes the Commissioner
Commissioner means the Commissioner of Police
computer system—
(a) means—
(i) a computer; or
(ii) 2 or more interconnected computers; or
(iii) any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
(b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data
constable has the same meaning as in section 4 of the Policing Act 2008
controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975
Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004
Customs officer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996
District Court Judge means a Judge appointed under the District Courts Act 1947
enforcement officer means—
(a) a constable; or
(b) any person authorised by an enactment specified in column 2 of the Schedule, or by any other enactment that expressly applies any provision in Part 4, to exercise a power of entry, search, inspection, examination, or seizure
equipment includes fingerprint powder and any chemical or other substance used for law enforcement purposes
evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or
intangible, of relevance to the investigation of the offence
examination order means an examination order made under section 38
informant has the same meaning as in section 6(1) of the Criminal Disclosure Act 2008
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
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
issuing officer means—
(a) a Judge:
(b) a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 108
Judge means a District Court Judge or a Judge of the High Court
law enforcement agency means any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions
local authority means a local authority within the meaning of section 5(1) of the Local Government Act 2002
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
non-business context means a context other than a business context
non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop
nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions
Police article has the same meaning as in section 4 of the Policing Act 2008
Police bail has the same meaning as in Part 2 of the Bail Act 2000
Police employee has the same meaning as in section 4 of the Policing Act 2008
Police uniform has the same meaning as in section 4 of the Policing Act 2008
precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975
private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants
private communication—
(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so
private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises
production order means a production order made under section 74
raw surveillance data—
(a) means actual video recordings or actual audio recordings; and
(b) includes full transcripts, or substantial parts of transcripts, of audio recordings
remote access search means a search of a thing such as an Internet data storage facility that does not have a physical address that a person can enter and search
road block means any form of barrier or obstruction preventing or limiting the passage of vehicles
rub-down search means a search described in sections 85(2), 86, and 87
search power, in relation to any provision in this Act, means—
(a) every search warrant issued under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied; and
(b) every power, conferred under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied, to enter and search, or enter and inspect or examine (without warrant) any place, vehicle, or other thing, or to search a person
strip search means a search where the person conducting the search may require the person being searched to undress, or to remove, raise, lower, or open any item or items of clothing so that the genitals, buttocks, or (in the case of a female) breasts are—
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(a) uncovered; or
(b) covered only by underclothing
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
thing seized does not include anything made or generated by a person exercising a search or surveillance power (for example, photographs, drawings, or audio or video recordings made by or on behalf of that person, or a forensic copy of a computer hard drive)
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
trespass surveillance means surveillance that involves trespass to land or trespass to goods
unique identifier, in relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that—
(a) is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and
(b) uniquely identifies him or her in relation to the law enforcement agency
unlawfully at large, in relation to a person, means that he or she is any 1 or more of the following:
(a) a person for whose arrest a warrant (other than a warrant issued under Part 3 of the Summary Proceedings Act 1957) is in force:
(b) unlawfully at large within the meaning of the Corrections Act 2004 or the Parole Act 2002:
(c) a prison breaker within the meaning of section 119 of the Crimes Act 1961:
(d) an escapee from lawful custody within the meaning of section 120 of the Crimes Act 1961:
(e) a special patient or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has escaped or failed to return on the expiry or cancellation of a period of leave:
(f) a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave:
(g) a young person within the meaning of the Children, Young Persons, and Their Families Act 1989 who is subject to an order made under section 311(1) of that Act and who is absconding from the custody of the chief executive (as defined in that Act)
vehicle means any conveyance that is capable of being moved under a person’s control, whether or not the conveyance is used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle
visual surveillance 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 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
- *visual trespass surveillance** means trespass surveillance involving the use of a visual surveillance device.
(2) For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to
provide access to that other computer—
(a) with or without access information; and
(b) whether or not either or both computers are currently turned on; and
(c) whether or not access is currently occurring.
