Surveillance Device

Question 1

S45- Restrictions on trespass surveillance and in interception device

Answer 1

You are not authorized to undertake trespass surveillance and use of an interception device unless:
-to obtain evidential material relating to an offence over 7yrs imprisonment or and offence against the Arms Act.

Question 2

S46 - Surveillance Device Warrant

Answer 2

You must obtain an SDW for:
a) interception device.
b) tracking device.
c) visual surveillance.
d) trespass surveillance.
e) observation of private activity in a private premise cartilage exceeding 3hrs in a 24hr period or 8hrs total.

Question 3

S47 - Does not require a SDW

Answer 3

a) being lawfully in a private premise and recording what you see or hear.
b) covert audio recording of a conversation where one person consents to the recording.
c) interception warrant issued under S4A NZ security intelligence service Act 169 and S17 government communications security bureau Act 2003.
d) surveillance device authorized under a different Act.

Question 4

S48 - Emergency Surveillance Device without warrant

Answer 4

May use a SDW for no more than 48hrs if you are entitled to apply for one or obtaining a SDW within the proposed surveillance time is impractical.

a) RGTS offence 14+
- RGTB the SD would obtain EM.
b) RGTS S14 exists
- RGTB the SD is necessary to prevent offending for being committed or continuing or to avert an emergency.
c) RGTS S18 exists
- RGTB a SD is necessary to seize arms.
d) RGTS an offence in relation to arms or against the Arms Act has been, is being or about to be committed.
e) RGTS and has been, is being or about to be committed against MODA 1975.
- RGTB the SD will would obtain EM.
d) RGTB that a person is in possession of: a controlled drug, precursor substance or a package in which a customs officer has replaced all or a portion of the precursor or drug.
- EM relating to the import or export of drugs or precursors.
- RGTB a SD is necessary to seize the things.

Question 5

Visual Surveillence

Answer 5

• Means any piece of equipment that is used to observe and record private activity.
• does not include glasses or contact lenses used to correct vision.

Question 6

Interception Device

Answer 6

• Means any piece of equipment that is used to or is capable of intercepting or recording private communication.
• Does not include hearing aids used to correct hearing.

Question 7

Tracking Device

Answer 7

• Means a device used to ascertain the location of a thing or person, whether the thing has been opened, tampered with or dealt with.
• does not include a vehicle, helicopter or boat.