Search and Surveillance Act 2012

Question 1

Explain the difference between reasonable grounds to believe (RGTB) and reasonable grounds to suspect (RGTS)

Answer 1

RGTB: Means having a sound basis for BELIEVING that a situation or circumstance exists.

RGTS: Means having a sound basis for SUSPECTING that a situation or circumstance exists.

RGTB requires a higher standard of proof than the RGTS

Question 2

What is the general principal of the Search and Surveillance Act 2012?

Answer 2

That all searches must be REASONABLE and LAWFUL.

Question 3

Explain what REASONABLE means in context of the S&S Act 2012?

Answer 3

Under the S&S Act a reasonable search is one that:
1) Complies with section 21 of the NZ BORA
2) Considers factors such as:
>The nature of the search
> How intrusive the search is
> Where and how the search was undertaken

Question 4

Explain what LAWFUL means in context of the S&S Act 2012?

Answer 4

Under the SS Act 2012 a lawful search is a search that is conducted:
> With a search warrant
> Under a warrantless search power or
> With the person’s consent

Question 5

Referring to Section 93 of the S&S Act 2012, before undertaking a consent search of a person, what must you advise that person of?

Answer 5

Of reason for the proposed search
AND
That they may consent or refuse to consent for the search

Question 6

What must you do if a person withdraws their consent, even if you have started the search?

Answer 6

They may withdraw at any time, if this happens stop immediately, unless you can invoke a warrantless search power to continue your search.