Surveillance Flashcards
Right to privacy
Everyone has the right to privacy in their own home, the right to refuse entry to others and the right to expect that they should be able to conduct lawful activities in private
What is a surveillance device?
A device which assists and enhances your normal capabilities to carry out surveillance.
May be one or more of the following:
A visual surveillance device
an interception device
a tracking device
What is a visual surveillance device?
a) means any electronic, mechanical, electromagnetic, optical, or elctro-optical instrument, apparatus, equipment or other device that is 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
What is a Private Premises
A private dwellinghouse, a marae, and any other premises that are not within the definition of a non-private premises.
- places where members of the public do not have frequent access to.
What is a Private Activity
a participant in an activity can reasonable expect the activity is private, it it is carried out in a private premises
BUT out to reasonably expect must be an objective test.
Private activities may occur in places that do not fit the definition of a private premises.
Private Communication
Communication made under the circumstqances 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
Does not include a communication of the kind in circumstances that any party to the communication would reasonably expect the communication may be intercepted.
Trespass Surveillance means
Surveillance that involves trespass onto land or to goods
Occurs the moment an enforcement officer steps onto private property without consent
Application to use visual surveillance device/interception device for serious offence only - 7 years imp or more.
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.
Expectation of privacy where common daily activities take place. - area within fence - lawn, garden etc.
Curtilage limitations
Section 46 - SDW required when observing private activity in the curtilage of the private premises
AND it exceeds:
3 hours in any total 24 hr period OR
8 hours in total
What is an Interception Device
any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, equipment, or other device that is used or is capable of being used to intercept or record a private communication
BUT
does not include hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
Voluntary Oral Communication
Communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded.
No requirement for a SDW to intercept and record VOC.
What is a Tracking Device
device that may be used to help ascertain, by electronic or other means, either both or the following:
the location of a thing or person
whether a thing has been opened, tampered with or in some other way dealt with
BUT
does not include a vehicle or other means of transport, such as a boat or helicopter
requires SDW
Situations of emergency or urgency
A SDW does not need to be obtained for the use of surveillance devices in some situations of emergency or urgency
Two key ingredients:
‘Entitled to apply’ - would have been entitled to apply for a SDW - serious criminal activity
‘impracticable in the circumstances’ - not immediately practicable to obtain SDW in the circumstances
NOT EXCEEDING 48 HRS
