Surveillance

Question 1

What is surveillance?

Answer 1

Planned and directed activity. Open or covert. For the purposes of:

• observing and recording people places things
• tracking the location of people or thing
• intercepting private communication

Question 2

What is a surveillance device?

Answer 2

Device that assists and enhances normal capabilities to carry out surveillance.

Includes:

• visual surveillance device
• interception device
• tracking device

Question 3

What is a visual surveillance device?

Answer 3

a) any means of electronic, mechanical, electromagnetic, optical, apparatus, equipment or other device used to observe, observe and record, a private activity

Does not include glasses contact lenses

Question 4

s46?

Answer 4

Activities for which a surveillance device warrant required

• observation of private activity in private premises and any recording of that observation by means of a basil surveillance device
• use of a surveillance device that involves trespass
• when you exceed time limitations when surveillance activity within a curtilage
• use an interception device to intercept communications
• use of a tracking device

Question 5

Exceptions to the requirement to obtaining a surveillance device warrant?

Answer 5

Situation of emergency or urgency

Activities that do not require a warrant

Question 6

Private premises definition

Answer 6

Private darling house, Marae, other premises that are not within the definition of non private premises

Question 7

Non private premises definition

Answer 7

Premise or part of a premise that members of the public are frequently permitted to have access

Question 8

Private activity definition

Answer 8

A participant in a private activity can reasonably expect an activity to be private if carried out in a private premises

Question 9

Private communication definition

Answer 9

A communication (oral, written, telecommunication or otherwise) made under circumstances that any party to the communication desires it to be private.

Does not include circumstances in which any party to the communication ought to reasonably expect it may be intercepted

Question 10

Trespass surveillance means?

Answer 10

Surveillance that involves trespass into land or goods

Question 11

Restrictions on use of surveillance devices

Answer 11

Visual surveillance device warrants will only be authorised for serious offences

Any warrant for interception devices will only be authorised for serious offences

A serious offence punishable by 7yrs imprisonment or more

Question 12

Curtilage definition

Answer 12

Land immediately surrounding a house or dwelling including any closely associated structures but excluding any open fields beyond

Where a homeowner can have a reasonable expectation of privacy

Does not require a warrant. Restricted to time limitations

Question 13

Curtilage time limitations:

Answer 13

Requires a warrant if observations and recordings for a single activity exceed:

3 hrs in any total 24 hrs period

Or

8hrs in total

Question 14

Interception device definition

Answer 14

Any electronic mechanical electromagnetic or optical apparatus or instrument that is capable of or used to intercept or record private communication

Does not including hearing aide

Question 15

Three instances where the use of an interception device will be allowed:

Answer 15

Offences punishable by 7yrs imprisonments or more

Identified arms act 1983 offences

Identified psychoactive substances act 2013 offences

Question 16

Voluntary oral communication

Answer 16

s47.

At least one party gives consent for the communication to be recorded

No requirement to obtain surveillance device warrant

Question 17

What is a tracking device?

Answer 17

A device that may be used to help ascertain by electronic or other means:

Location of a thing or person

Whether that thing has been opened tampered with it in some other way dealt with

Does not include a vehicle or means of transport

Question 18

When can you use a tracking device?

Answer 18

To obtain evidential material for an offence punishable by 7yrs imprisonments

And have a surveillance device warrant

Question 19

s48?

Answer 19

Situation of emergency or urgency, surveillance device warrant need not be obtained.

Question 20

Two key ingredients for a situation ti be recognised as urgent or emergency?

Answer 20

1) “entitled to apply” - you would be entitled to apply to apply for a surveillance device warrant
2) ”impracticable in the circumstances “ not immediately practising to obtain a surveillance device warrant

Question 21

For situations of urgency or emergency, what does the suspected offence need to consist of?

Answer 21

Be punishable by 14yrs imprisonment

An arms act offence

A drug offence

Or the situation is likely to cause injury/ damage, preventing risk risk to like or safety

Question 22

Limitations on use of surveillance device without warrant:

Answer 22

Warrantless use of surveillance device is for time period not exceeding 48hojrs

Application for warrant must still be made if surveillance continuing beyond period on which is it practicable to obtain warrant

Question 23

Who can approve the use of an interception device in an emergency situation?

Answer 23

Detective Inspector. Unless:

• immediacy if situation does not allow time for approval
• statutory criteria is met
• an opportunity arises to o rain evidential material that will be lost

Question 24

s60?

Answer 24

Requirement to report on emergency use of surveillance device.

Must provide a notification to a judge within 1 month after the date of the last day of any period of 48hours or less over which the surveillance device was used.

Question 25

Period of use of surveillance device:

Answer 25

Surveillance device warrant issued for period of no more than 60 days.

No warrant renewal procedure.

A new application/warrant must be sought.