Surveillance

Question 1

Right to privacy

Answer 1

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

Question 2

What is surveillance?

Answer 2

Covert or overt:
• observation, and any recording of that observation, of people, vehicles, places and things

• Tracking the location of a thing or person, or whether a thing has been interfered or tampered with
• intercepting a private communication

Question 3

What does SASA12 regulate in regards to surveillance activity?

Answer 3

Only surveillance by use of a device,
and establishes boundaries for use of a device when:
-trespass is involved
-trespass not involved
-warrantless powers exist

Question 4

For surveillance activity risks must be:

Answer 4

• identified
• assessed
• considered in planning

Question 5

What is a surveillance device?

Answer 5

A device which assists and enhances your normal capabilities to carry out surveillance.

it can be:
• a visual surveillance device
• an interception device
• a tracking device

Question 6

What is a visual surveillance device?

Answer 6

a) 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

Question 7

What does sec 46(c) relate to?

Answer 7

SDW is required for:

(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.

Question 8

What is a private premises

Answer 8

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.

Question 9

What is private activity?

Answer 9

If activity is carried out in a private premises, a participant can reasonable expect the activity to be private.

‘Reasonably expect’ is an objective test.

Private activities may occur in places that do not fit the definition of a private premises.

Question 10

What is private communication?

Answer 10

Communication made in circumstances that reasonably indicate one of the parties desires it to be confined to the parties to the communication.

BUT

Does not include a communication in circumstances that one of the parties reasonably expect the communication may be intercepted.

Question 11

What is trespass surveillance and when is a SDW required?

Answer 11

Surveillance that involves trespass onto land or to goods

Occurs the moment an enforcement officer steps onto private property without consent

Sec 46 (d) - SDW required for use of any surveillance device that involves trespass.

Question 12

What is the restriction on applying for SDW?

Answer 12

Restricted to obtaining evidence for serious offences only (7 yrs or more imprisonment)

Question 13

What is curtilage?

Answer 13

Land immediately around a house, 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.

Question 14

When is a SDW required under sec 46(e)?

Answer 14

observing private activity in the curtilage of the private premises, and recording of that observation, if it is done with visual surveillance device

AND it exceeds:

3 hours in any total 24 hr period OR
8 hours in total

Question 15

What is an interception device?

Answer 15

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.

Question 16

When can a SDW be issued for use of interception device?

Answer 16

• offences punishable by 7 yr or more
• identified Arms Act 1983 offences
• Identified Psychoactive substances act 2013 offences

Question 17

What is voluntary oral communication and what section relates to it?

Answer 17

Communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded.

Sec 47 - No requirement for a SDW to intercept and record VOC

Question 18

What is a tracking device?

Answer 18

(a) means a device that may be used to help ascertain
(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.

NB: requires SDW - can be for any offence punishable by imprisonment.

Question 19

What two ingredients must be satisfied before using sec 48?

Answer 19

‘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

Question 20

Sec 48 can only be permitted when the offence has been, is being or will be committed and is:

Answer 20

• punishable by 14 years imprisonment or more and
• you believe that use of the surveillance device would obtain evidential material in relation to the offence: or
• an Arms Act 1983 offence or
• a drug offence; or

there is a situation which is:
• likely to cause injury or serious property loss / damage and surveillance is necessary to prevent offending from being committed or continuing, or

• presenting risk to life and safety and surveillance is necessary as an emergency response (section 14)

Question 21

How long can Sec 48 be used for, who should permission be obtained from, and what is required after?

Answer 21

48 hours only.

Permission should be from D.I unless time does not allow and criteria is met,

Notification must be made a judge within 1 month.

Question 22

HOw long can a SDW be issued for?

Answer 22

No longer than 60 days.

A new SDW application needs to be made to extend it.

Question 23

What is a non-private premises?

Answer 23

Places where members of public are permitted access, including:

-Hospital
-bus station
-rail station
-airport
-shop
(not all parts are private - eg consult rooms / staff rooms / offices)

Question 24

Difference between curtilage in urban and farm house?

Answer 24

Urban - curtilage is defined by fence border

Farm - house and curtilage is a small part of property; defined by hedge, garden or mowed grass border around the house, where common daily activity takes place

Question 25

When is a SDW required? Sec 46(1)

Answer 25

a) Use of interception device
b) Use of tracking device; except when TD is used to determine if a thing has been opened/tampered with and installation does not involve trespass.
c) Observing and recording private activity in private premises.
d) Use of device that involves trespass to land or goods.

e) Observation of private activity in curtilage of private premises by SD and it exceeds:
- 3 hours in a 24 hour period
- 8 hours total