Surveillance

Question 1

What is surveillance?

Answer 1

A planned and directed activity, either covert or open for the purpose of:
- observing and recording of that observation of people, vehicles, places and things
- ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with
- intercepting a private communication

Question 2

What is a surveillance device?

Answer 2

A device which assist and enhances your normal capabilities to carry out the surveillance

Question 3

A surveillance device may be any one or more of what kinds of device

Answer 3

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

Question 4

What is a visual surveillance device?

Answer 4

Visual surveillance device
- means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used to observe, or to observe and record, a private activity, but
- does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

Question 5

Define private premises

Answer 5

a private dwelling house, a marae and any other premises that are not within the definition of a non-private premises

Question 6

Define non-private premises

Answer 6

premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.

Question 7

Define private communication

Answer 7

• a communication (whether in oral or written form or in the form of a telecommunication or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires to be confined to the parties to the communication but
• does not include a communication of that kind occurring circumstances in which any party to the communication ought reasonably expect that the communication may be intercepted by some other person without having the express or implied consent any party to do so.

Question 8

Define Trespass Surveillance

Answer 8

Surveillance that involves trespass onto land or trespass to goods

Question 9

Define curtilage

Answer 9

Curtilagae means the land immediately surrounding a hourse or dwelling including any closely associated buildings and structures but excluding any open fields beyond

Question 10

What is the timeframe relating to using a visual surveillance device in the curtilage of private premises?

Answer 10

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

Question 11

What is an interception device?

Answer 11

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

Question 12

What is a tracking device?

Answer 12

a device that, may be used to help ascertain, by electronic or other means, either or both of the following:
- the location of a thing or a person
- whether a thing has been opened, tampered with or in someother way dealt with but
does not include a vehicle or other means of transport such as a boat or helicopter

Question 13

What are the two main ingredients of an emergency or urgent use of a surveillance device

Answer 13

• entitled to apply
• impracticable in the circumstances

Question 14

What circumstancs appky for an emergency SDW?

Answer 14

• 14 years or more
• RGTB EM obtainable by SDW
• Arms Act offence
• Drug offence