SURVEILLANCE

Question 1

Lawful surveillance when lawfully in Private premise

Answer 1

Unaided
- observation
- hearing
- smell

Record audio or visual so long as the device does not enhance ability to observe or hear

Question 2

What is surveillance

Answer 2

• Observing and recording observations
• intercepting private communications
• ascertaining the location of a thing or person, or whether a thing has been interfered with

Question 3

What are Surveillance devices

Answer 3

Devices which assist or enhance normal capabilities
- Visual
- Interception
- Tracking

Question 4

What is a Visual Surveillance Device

Answer 4

Any electronic, electromagnetic, electro-optical, mechanical or optical apparatus, equipment, instrument or other device that is used to observe or record a private activity

Question 5

What are a persons Rights to privacy

Answer 5

Privacy in their own home

Expectation they should be able to conduct lawful activities in private

To refuse entry to others

Question 6

Section 46 - Activities for which surveillance device warrant required

Answer 6

-Observation and of private activity in private premises, and any recording, by means of a visual surveillance device

• Use of an interception device to intercept private communications
• Use of a tracking device (except when just installed to see if thing has been in some way dealt with and doesn’t involve trespass)
• Use of SD that involves trespass
• Observation in curtilage longer than specified times

Question 7

Exceptions to section 46

Answer 7

Situations of emergency or urgency
Activities that don’t require a warrant

Question 8

Places an individual “ought reasonable to expect” are private

Answer 8

Land in private ownership, any private premises on that land and any goods.

Question 9

Private premise

Answer 9

Private dwelling house, Marae, anything else not falling in the definition of non-private premise

Question 10

Non-private premise

Answer 10

Premise or part of to which members of the public are frequently permitted to have access

Question 11

What is a private communication

Answer 11

A communication, whether oral, written or a form of telecommunication or otherwise

Where the circumstances reasonably indicate that any party to the communication desires it be confined to those parties

Question 12

What is not a private communication

Answer 12

A communication in circumstances in Which any party ought to reasonably expect the communication may be intercepted without consent

Question 13

What is trespass surveillance

Answer 13

Surveillance that involves trespass into land or goods.
Occurs the moment an officer steps onto private property without consent

Question 14

Restrictions on obtains SDW involving trespass

Answer 14

Restricted to obtaining evidential material for serious offenses only - 7+ years

Question 15

Section 46(d)

Answer 15

SDW required for use of a surveillance device that involves trespass

Question 16

Curtilage definition

Answer 16

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

Question 17

What does curtilage do

Answer 17

Defines the boundary within which a homeowner can have a reasonable expectation of privacy and where “common daily activities” take place

Question 18

Curtilage surveillance limitations - s46e

Answer 18

A visual surveillance device may be lawfully used in the curtilage of a private premise without warrant so long as this does not exceed
- 3 hours in any total 24hr period
- 8 hours in total

Question 19

Interception definition

Answer 19

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

Question 20

Interception device definition

Answer 20

Any electronic, electromagnetic, electro-optical, mechanical or optical apparatus, equipment, instrument or other device used or capable of being used to intercept or record a private communication

Question 21

Limitations on use of an interception device

Answer 21

An SDW will only be issued for an interception device for the following reasons
- 7+ year imprisonment offence
- Arms Act 1983 offences
- Psychoactive substances act 2013 offences

Question 22

Voluntary oral communication - s47

Answer 22

A voluntary oral communication is where at least one party gives their consent for the communication to be recorded. There is no requirement to obtain a SDW to intercept or record a voluntary oral communication.

Question 23

What is a tracking device?

Answer 23

A device that may be used to help ascertain, by electronic or other means, either or both of the following:
- location of a thing or person
- whether a thing has been opened, tampered with or in some other way dealt with

Question 24

Tracking device limitations

Answer 24

Must be for an offense punishable by imprisonment

Question 25

SDW for tracking device - exceptions

Answer 25

Where a tracking device is solely installed for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with and does not involve trespass

Question 26

Section 48 Situations of emergency or urgency - ingredients

Answer 26

• You would be entitled to apply for a SDW
• Impracticable in the circumstances to obtain a SDW

Question 27

S48 Situations of emergency or urgency - qualifying offences

Answer 27

• 14+y and would obtain EM
• Arms Act 1983 offence (incapable or dangerous, DV Act 1995)
• A drug offence
• Situation likely to cause injury or serious property loss
• Preventing risk to life and safety

Question 28

Time limit on warrantless use of surveillance device

Answer 28

• Must not exceed 48 hours

Question 29

Approval for warrantless use of interception device

Answer 29

From a DI unless
- situation does not allow for prior planning
- statutory criteria is met
- opportunity arises that would be lost if not taken at the time

Question 30

Section 60- Reporting warrantless use of surveillance device

Answer 30

Notification to a Judge within 1 month after the date of the last day of any period of 48 hours or less over which the device was used

Question 31

SDW time limit

Answer 31

No more than 60 days after the date the warrant is issued