Surveillence

Question 1

Surveillance risk assessment:

Answer 1

• identified
• assessed
• considered in planning before surveillance is executed

TENR

Question 2

Police surveillance is:

Answer 2

• overt of covert
• observing, and any recording of that observation of people, places, vehicles
• tracking location of a thing or person
• intercepting a private communication

Question 3

What is a surveillance device?

Answer 3

• a device which assists and enhances your normal capabilities to carry out the surveillance

Question 4

What is a surveillance device?

Answer 4

• a visual surveillance device
• an interception device
• a tracking device

Question 5

What is a visual surveillance device?

Answer 5

• any electronic, mechanical, electromagnetic or electro optical instrument, apparatus, equipment or other device which is used to observe or to observe and record a private activity BUT
• does not include spectacles, contact lenses, or similar device used to correct subnormal vision of the user to no Better than normal Vision

Question 6

s64 outlines activities for which SV device warrant is required:

Answer 6

• observation of private activity in private premises, and any recording of that observation by means of visual surveillance

Question 7

Exceptions that apply to obtaining SV device warrant include:

Answer 7

• situations of emergency or urgency (must still be reported)
• activities that do not require a warrant

Question 8

Restrictions on SV device:

Answer 8

• activity in places an individual “ought reasonably to expect” are private
• including land (private ownership), and any private premises on that land and goods
• goods usually meets chattels and include vehicles and tangible belongings

Question 9

Surveillance is unlawful if:

Answer 9

It involves trespassing, which is unauthorised entry into private land

Question 10

Private premises mean:

Answer 10

• a private dwelling house, a marae, and any other premises that do not fit within “non private premises” definition

Question 11

Non private premises:

Answer 11

• premises or part of premises which members of the public are frequently permitted to have access too
• includes hospital, bus and train station, airport or shop
• private part of these premises include staff rooms, consult rooms etc

Question 12

Private communication is:

Answer 12

• a communication (oral, written or telecommunication) 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
• 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 expressed or implied consent of any party to do so

Question 13

A surveillance device warrant is required when:

Answer 13

• reasonable expectations of privacy are interfered with or intruded upon by the use of an interception device

Question 14

Any person can reasonably expect their communication to be private:

Answer 14

• when it occurs in circumstances where they have the right to expect it will not be intercepted or recorded

Question 15

Trespass surveillance means:

Answer 15

• surveillance that involves trespass onto land or trespass to goods
• occurs moment officer steps onto private property without consent
• if you do not have consent to enter onto property, then you are trespassing

Question 16

Restrictions on use of surveillance devices include:

Answer 16

• any warrant application to use a visual surveillance device for trespass surveillance will only be authorised for obtaining EM for serious offences
• any warrant application to use an interception device, whether or not a trespass surveillance occurs is restricted to obtaining EM for serious offences only

Serious offence is punishable by 7 years imprisonment or more

Question 17

s46- activities for which surveillance device warrant required (d)

Answer 17

(d) use of surveillance device that involves trespass on private property

Question 18

Curtilage is:

Answer 18

The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated “open fields beyond”

Question 19

Curtilage defines:

Answer 19

The boundary within which a home owner can have a reasonable expectation of privacy and where “common daily activities” take place

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

Question 20

s46(e)- activities for which surveillance device warrant required

Answer 20

(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 visual surveillance device, and the duration of that observation, for the purposes of a single investigation, or a connected series of investigation exceeds-
(i) 3 hours in any total 24 hour period: or
(ii) 8 hours in total

(A visual SD may lawfully be used without warrant to gather EM for serious offence if it’s usage does not exceed the established time limits)

Question 21

Interception in relation to a private communication includes:

Answer 21

• hear, listen to, record, monitor, acquire or receive the communication either:
• when it is taking place or
• while it is in transit

Question 22

An interception device is:

Answer 22

• any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private commutation; but
• does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 23

s46(a)- activities for which surveillance device warrant required

Answer 23

(a) use of an interception device to intercept private commutation

Question 24

Limitations on use of an interception device:

Answer 24

• SV device warrant will only be authorised for use of an interception device for gathering EM for:
• offences punishable by 7 or more years imprisonment
• identified Arms Act 1983 offences
• identified psychoactive substances act 2013 offences

Question 25

Voluntary oral communication:

Answer 25

• is communication between two or more people where at least one party in the communication gives their consent for the communication to be recorded (s47)
• no requirement to obtain SV device warrant

Question 26

Two key ingredients for situation to be recognised as one of emergency or urgency:

Answer 26

• entitled to apply- means you would be entitled to make an application for SD warrant as the situation is one of serious criminal nature
• impractical in the circumstances- means you need to use a device urgently as it is not immediately practical to obtain a SV device warrant

Question 27

Survellience without warrant in situations of urgency or emergency when suspect offence, has been, is being or is about to be committed and is:

Answer 27

• punishable by 14yrs imprisonment or more and
• you believe that use of the SV device would obtain EM in relation to that offence
• an arms act 1983 offence:
• or a person by reason of their physical or mental condition (however caused) is incapable or having proper control of the arms or may kill or cause GBH injury to any person
• or that under the DV act 1995 a protection order or a PSO is in force against the person;
• or there are grounds to make an application against him or her for a PO
• a drug offence or
  There is a situation which is
• likely to cause injury or serious property loss/damage and SV is necessary to prevent offending from being committed or continuing
• presenting risk to life and safety and SV is necessary as an emergency response

Question 28

s48 recognises that:

Answer 28

In certain situations, police may need to act immediately without warrant to use 1 or more SV devices

Question 29

Two key ingredients for situation to be recognised as one of emergency or urgency:

Answer 29

“Entitled to apply”- entitled to make an application for SV device as the situation is one of serious criminal nature
“Impractical in the circumstances”- Need to use a device urgently as it is not immediately practical to obtain a SV device warrant

Question 30

Limitations on use of SV device without warrant in emergency situations:

Answer 30

• the warrantless period for the use of a SV device in a situation or emergency or urgency is a period not exceeding 48hours

Question 31

Approval to use an interception device in an emergency situation should be obtained from

Answer 31

Detective inspector, unless;
- the immediacy of the situation does not allow for prior planning and approval from a detective inspector in consultation with legal services; and
- statutory criteria is met; and
- an opportunity arises to obtain EM that would otherwise be lost if not taken at the time

Question 32

s60- requirement to report use of warrantless SV device in situation of urgency or emergency

Answer 32

• when a warrantless SV power is exercised the enforcement officer must provide a notification to a judge within 1 month after the last day of any period of 48 hours or less over which the SV device was used

Question 33

How long can SV Device warrant be issued for:

Answer 33

• no more then 60 days after the date on which the warrant is issued and is in force for that period
• to extend the period of 60 days or the lesser period for which the warrant is valid a new application for SV device warrant is required