Surveillance Device Warrant

Question 1

When can a Surveillance Device Warrant be authorised (confirm what type of SDW)

Answer 1

Authorised for gathering evidential material for:

• Offences punishable by 7 or more years imprisonment
• Identified Arms Act 1983 offences
• Identified Psychoactive Substances Act 2013 offences

Question 2

Section 46 - Activities for which Visual surveillance device warrant required

Answer 2

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 visual surveillance device, and the duration of the observation for the purposes of a single investigation or connected series of investigations, exceeds -

• 3 hours in any 24 hour period, or
• 8 hours in total

Question 3

Private Premises

Answer 3

Means a private dwelling house or Marae and any other premises that is not within the definition of non-private premises.

Question 4

Private Activity

Answer 4

Private activity acknowledges fundamental human rights. A person in activity can reasonably expect the activity is private, if it is carried out in a private premises.

Question 5

What is a Surveillance Device (definition)

Answer 5

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

A surveillance device may be:

• Visual surveillance device
• Interception device
• Tracking device

Question 6

Visual surveillance device (definition)

Answer 6

Means any device that is used to observe, or to observe and record, a private activity,

but

Does not include devices used to correct below normal vision to no better than normal vision. eg. glasses.

Question 7

Interception device (definition)

Answer 7

Means any device that is used to intercept or record private communication,

but

Does not include devices used to correct below normal hearing to no better than normal hearing. eg. hearing aids.