Surveillance

Question 1

What is surveillance?

Answer 1

Police surveillance is planned and directed activity. Either open or covert, and for the purpose of:

• Observing, (and any recording of that observation), of people, vehicles, place and things.
• Ascertaining (tracking) 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 surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.

Question 3

Give examples of a surveillance device?

Answer 3

A surveillance device may be any one of the following kinds of device:

• A visual surveillance device.
• An interception device.
• A tracking device.

Question 4

What is a visual surveillance device?

Answer 4

Visual surveillance device-

(a) Means any electronic, mechanical, electromagnetic, optical, or electroptical instrument, apparatus, equipment, or other device that is used to observe and record, a private activity, but
(b) does not include spectacles, contact lenses, or a similar device used to correct sub vision of the user to no better than normal vision.

Question 5

When is a visual surveillance device required?

Answer 5

s46 Activities for which surveillance device required.
(c) Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.

Question 6

What exceptions apply to s46(c)?

Answer 6

Some exceptions apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.

These are:

• Situations of emergency or urgency (although use of a surveillance device in these situations must still be reported in the online system) and
• Activities that do not require a warrant.

Question 7

What is Trespass under S+S?

Answer 7

Surveillance is unlawful if it involves a trespass, which is unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant.

Question 8

Define private premises?

Answer 8

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

Question 9

Define private activity?

Answer 9

Private activity means activity that, in the circumstances, any 1 or more of the participants in it, ought reasonably to expect to be observed or recorded by no one except the participants

Question 10

Define private communication?

Answer 10

Private communication-
(a) Means a communication (whether oral or written form, or in the form of a telecommunication, or otherwise) 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 communications; but

(b) 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 11

Define Trespass surveillance?

Answer 11

Trespass surveillance means -

Surveillance that involves trespass onto land or trespass to goods

Question 12

What is the offence threshold for for an interception device warrant?

Answer 12

The offence must be a ‘serious offence’.

A serious offence is an offence punishable by 7 years imprisonment or more.

Identified Arms Act 1983 offences.

Identified psychoactive Substances Act 2013 offences.

Question 13

Define Curtilage?

Answer 13

Curtilage-
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 home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.

Question 14

Activities that do not require a warrant cover the use of a visual surveillance device within the curtilage of private property but usage is restricted to time limitations?

Answer 14

Section 46- Activities for which surveillance device warrant required.

(e) Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of that observation for the purposes of a single investigation, or a connected series of investigations exceed-
(i) 3 hours in any total 24 hour period, or
(ii) 8 hours in total.

Question 15

Define interception?

Answer 15

Interception in relation to a private communication, includes 
Hear
Acquire
Receive
Record
Listen to
Monitor that communication either-
-When it is taking place.
-While it is in transit.

Question 16

Define interception device.

Answer 16

Interception device-
(a) Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication, but

(b) Does not include a hearing aid, or similar device used to correct subnormal hearing of the user to no better than normal hearing.

s46(a) Use of an interception device to intercept private communications.

Question 17

Define voluntary oral communication?

Answer 17

A voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded s47.

Question 18

Define a tracking device?

Answer 18

Tracking device

(a) Means a device that, may be used to help ascertain, by electronic or other means, either or both of the following:
(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, such as a boat or helicopter.

Question 19

What is the threshold for a tracking device?

Answer 19

A surveillance device warrant may authorise the use of a tracking device to obtain evidential material for the investigation of any offence punishable by imprisonment.

Question 20

What exceptions are there to using a tracking device without warrant?

Answer 20

s46 - Activities for which surveillance device warrant required.
(b) 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 inolve trespass to land or trespass to goods.

Question 21

Define non private premises

Answer 21

Non private premises means premises or part of a premises to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway, airport or shop

Note: not all parts of hospitals, bus stations etc are non private premises.
Areas that would be considered private are:
Hospital: Theatres, consultation rooms
Railway station: office area, staff meal room