Surveillance - Definitions

Question 1

What is a surveillance device?

Answer 1

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

Question 2

What kind of devices are surveillance devices?

Answer 2

A surveillance device may be any one or more of the following kinds of devices:
A visual surveillance device
An interception device
A tracking device

Question 3

What is a visual surveillance device?

Answer 3

visual surveillance 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 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 4

Define S46(c)

Answer 4

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

Question 5

What are the exceptions to obtaining a visual surveillance device warrant?

Answer 5

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 (although use of a surveillance device in these situations must still be reported in the on-line system); and
Activities that do not require a warrant

Question 6

Private land and goods

Answer 6

Where surveillance with a surveillance device is concerned, The SSA restricts surveillance activity in places an individual ‘ought to reasonably expect’ are private.

Those places include land(in private ownership) and any private premises on that land, and ‘goods’.

Goods generally mean chattels and include vehicles and other tangible belongings.

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 7

Private premises

Answer 7

Means a private dwelling house, a marae, and any other premises that are not within the definition of non-private premises.

Question 8

N-P P

Answer 8

Means P, or part of a P, to which MoP are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop.
Areas that would be considered as private are:
Hospitals - theatres, consulting rooms
Railway station - office area, staff meal room

Question 9

Private activity

Answer 9

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

Ought to reasonable expect is an objective test.

Where private activities occur is of key importance.

Question 10

PC (a)

Answer 10

Means a C (whether in O or W 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 communication; but

Question 11

PC (b)

Answer 11

Does not include a C of that kind occurring in circumstances in which any party to the communication OR2E that the C may be I by some other person without having the express or implied consent of any party to do so

Question 12

Trespass surveillance

Answer 12

Means surveillance that involves trespass to land or trespass to goods

Trespass surveillance occurs the moment an enforcement officer steps onto private property without consent.

Question 13

Restrictions on use of VSD

Answer 13

Any WA to use a VSD for TS will only be authorised for obtaining EM for serious offences only.

Question 14

Restrictions on use of ID

Answer 14

Any WA to use a ID, whether or not a TS occurs, is restricted to obtaining EM for serious offences only.

Question 15

Define a serious offence?

Answer 15

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

Question 16

Define S46(d) - Restrictions

Answer 16

Use of a SD that involves T2L or T2G:

Question 17

Curtilage

Answer 17

Means land immediately surrounding a H or D, including any closely associated B and S, but excluding any associated ‘OFB’.

It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.

Question 18

Define S46(e) - Curtilage limitations

Answer 18

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 the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i)
3 hours in any 24-hour period; or
(ii)
8 hours in total.

Question 19

I

Answer 19

In relation to a PC, includes H, L2, R, M. A, R the communication either—
(a)
while it is taking place; or
(b)
while it is in transit

Question 20

ID

Answer 20

ID—
(a)
means any E, M, EM, O, EO I, A, E, or OD that is used or is capable of being used to I or R a PC (including a telecommunication); but
(b)
does not include a HA or SD used to correct subnormal hearing of the user to no better than normal hearing

Question 21

S46(a) - Intercpetion device

Answer 21

Use of an ID to I a PC:

Question 22

Limitations on use of an interception device

Answer 22

A SDW will only be authorised for use of an ID for gathering EM for:
Offences punishable by 7 years or more imprisonment
Identified AA 83 offences
Identified PSA 13 offences

Question 23

S47(b) - Voluntary oral communication

Answer 23

A VOC is a C between one or more persons where at least one party in the C gives their consent for the C to be recorded.

Question 24

TD(a)

Answer 24

Means a D that may be used to help ascertain, by E or OM, 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

Question 25

TD (b)

Answer 25

Does not include a vehicle or other means of transport, such as a boat or helicopter

Question 26

S46(b) - Tracking

Answer 26

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:

Question 27

Tracking device may be used for…

Answer 27

the investigation of any offence punishable by imprisonment.

Question 28

Tracking device may only be used…

Answer 28

With the assistance of specialist squads.