Surveillance Flashcards
What rights underpin surveillance regulations?
Right to privacy in their own home
Right to refuse entry to others
Right to expect that they should be able to conduct lawful activities in private
Surveillance activity is restricted where..
…Places an an individual ought to reasonably expect privacy
Those places include land (private) and in any private premises in that land and goods (ie chattels/vehicles)
What is a private premise?
A private dwelling house, a marae and any other premises that are not within the definition of non-private premises
What is a non private premise?
A premise or part of a premise to which members of the public frequently permitted to have access. And includes parts of hospitals bus stations railway stations airports and shops etc
What is private activity?
Where the participant ought to reasonably expect privacy
(May not align with definition of private premise)
What is Police surveillance?
Planned and directed activity
Either open or covert
For the purpose of
- Observing and recording their observation of p/v/places/t
- ascertaining/tracking the location of a thing or person or whether a thing has been interfered or tampered with
- Intercepting a private communication
The search and surveillance act 2012 establishes clear boundaries for the lawful use of a surveillance device where
Trespass is not involved
Trespass is involved
Warrantless powers exist
What is a surveillance device?
What are the three types
A device which assists and enhances your normal capabilities to carry out surveillance
A visual surveillance device
An interception device
A tracking device
What is a visual surveillance device
Means any electronic, mechanical, electromagnetic, optical or electro optical instrument, apparatus equipment or other device that is used to observe or to observe and record a private activity
** does not** include spectacles contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision
Section 46 restrictions on visual surveillance
Activities for which surveillance device warrant required
(c) observation of private activity and private premises and any recording of their observation by means of a visual surveillance device
** exceptions**
Situations of emergency or emergency
Activities that do not require a warrant
What is private communication?
Communication (oral written or otherwise) made and a circumstances that may reasonably be taken to indicate that any party to the communication desires to be confined to the parties of the communication
What is trespass surveillance?
Surveillance that involves response onto land or trespass to goods
Accessing private property without consent
Section 46 and trespass surveillance
Activities for which surveillance device warrant required
(d) use of surveillance device that involves trespass onto private property
What is curtilage?
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated open fields beyond
The boundary within which a homeowner can have a reasonable expectation of privacy where common daily activities take place.
- Visual surveillance within cartilage may not require a warrant however is restricted by time limitations
Section 46 and curtilage limitations
Activities for which the balance device warrant required
(e) observation of private activity in the curtilage of private premises and recording of that observation, by visual surveillance and duration of their observation, for the purpose of a single investigation, or connected series of investigations exceeds
3 hours in any total 24 hour period
8 hours in total
