Surveillance

Question 1

Purpose of surveillance

Answer 1

• observing, and any recording of that observation of people, vehicles, places and things
• ascertaining the location of a thing or person or whether a thing has been interfered or tampered with
• intercepting a private communication

Question 2

What is a surveillance device

Answer 2

A device which assists or enhances your normal capabilities to carry out the surveillance.
- Visual surveillance device
- Interception device.
- Tracking device.

Question 3

Visual surveillance device

Answer 3

• means any electronic, mechanical, electromagnetic, optical or electrooptical 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.

Question 4

Section 46 - Activities for which surveillance device warrant required

Answer 4

• Observation of private activity in private premise and any recording of that observation by means of a visual surveillance device.
• Use of a surveillance device that involves trespass into private property.
• Observation of private activity in the curtilage of private premises and any recording of that observation exceeds 3 hours in any 24 hour period or 8 hours in total.
• 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 trespass to goods.
• Use of an interception device to intercept private communications.

Question 5

Private premise

Answer 5

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

Question 6

Non-private premise

Answer 6

Premise 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.

Question 7

Private activity

Answer 7

Ought reasonably to expect - objective test

Question 8

Private communication

Answer 8

• Means a communication (oral or written) 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
• 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.

Question 9

Trespass surveillance

Answer 9

Surveillance that involves trespass onto land or goods.

Question 10

Restrictions on use of surveillance devices

Answer 10

Offence punishable by 7 years imprisonment or more.

Question 11

Curtilage

Answer 11

Means 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 homeowner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.

Question 12

Interception

Answer 12

Hear, listen to, record, monitor, acquire or receive the communication either:
- when it is taking place or
- while it is in transit

Question 13

Interception device

Answer 13

• Means any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or records a private communication
• Does not include hearing air or similar device used to correct subnormal hearing of the user to no better than normal hearing.

Question 14

Restrictions on use of interception devices

Answer 14

• Offence punishable by 7 years of imprisonment or more
• Identified Arms Act 1983 offences
• Identified Psychoactive Substances Act 2013 offences

Question 15

Section 47

Answer 15

Voluntary oral communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded. There is no requirement to obtain a SDW to intercept and record a voluntary oral communication.

Question 16

Tracking device

Answer 16

Means a device that may be used to help ascertain by electronic or other means either or both of the following:
- the location of a thing or a person
- whether a thing has been opened, tampered with or in some other way dealt with
Does not include a vehicle or other means or transport such as a boat or helicopter.

Question 17

Restrictions on a tracking device

Answer 17

Any offence punishable by imprisonment.

Question 18

Section 48

Answer 18

Police may need to act immediately without warrant to use any 1 or more surveillance devices.
Entitled to apply - you would be entitled to make an application for a surveillance device warrant as the situation if one of serious criminal activity.
Impracticable in the circumstances - you need to use a device urgently as it is not immediately practicable to obtain a SDW.

Question 19

Circumstances for surveillance without a warrant

Answer 19

• punishable by 14 years imprisonment
• you believe that use of the surveillance device would obtain evidential material in relation to the offence
• an Arms Act 1983 offence
• a drug offence
• likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
• presenting risk to life and safety and surveillance is necessary as an emergency response (s14)

Question 20

Restrictions for section 48

Answer 20

Period not exceeding 48 hours.
DI approval unless:
- the immediacy of the situation does not allow for prior planning and approval
- statutory criteria is met
- an opportunity arises to obtain EM that would otherwise be lost if not taken at the time

Question 21

Requirement to report (section 48)

Answer 21

Section 60
Enforcement officer must provide a notification to a Judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.

Question 22

Period for a SDW

Answer 22

Issued for a period of no more than 60 days after the date on which the warrant is issued and is in force for that period.