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Bill boosts law enforcement toolsThursday, 2 July 2009, 2:23 pm

Press Release: New Zealand Government

Hon Simon Power

Minister of Justice

2 July 2009 Media Statement

Bill boosts law enforcement tools

A bill that will boost the tools available to law enforcement agencies to fight crime was introduced to the House today by Justice Minister Simon Power.

Search and surveillance powers allow police and other law enforcement agencies to gather evidential material that is often crucial to the successful investigation and prosecution of offences.

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The Search and Surveillance Bill supersedes the Search and Surveillance Powers Bill introduced by the previous government last year.

Mr Power says the National-led Government identified some deficiencies in that bill, and the new version introduces much-needed reforms.

"This bill gives law enforcement agencies a more sophisticated set of tools to investigate drug offences, organised crime, and other offending."

The bill:

• Widens the range of offences for which communications can be intercepted and when vehicle and people tracking can be used.

• Regulates visual surveillance by requiring a warrant where devices are to be used to observe activities in private buildings.

• Introduces a police-only examination order power, where people believed to have information about offending can be made to answer questions.

• Allows search scenes to be secured and people to be detained while searches are carried out, puts obligations on those in charge of computers/networks to help in computer searches, and allows police to stop and search vehicles.

• Balances the needs of agencies for search and surveillance powers with the rights of people being searched.

"This bill ensures that law enforcement needs are adequately met, and that these are consistent with human rights values," Mr Power says.

The Law Commission carried out a five-year review on search and surveillance and concluded that the legal framework was outdated and inconsistent. The commission recommended comprehensive reform.

THE SEARCH AND SURVEILLANCE BILL:

1. Allows searches to make effective use of modern technology.

Examples:

* Electronic applications for search warrants.

* Clarifying the ability of law enforcement agencies to access and copy data on computers and electronic storage devices.

* A residual warrant regime which will agencies to test the reasonableness and legality of new forms of technology before using them to gather evidence.

2. Allows interception of communications and tracking the movement of people/vehicles/things to be used in relation to a wider range of offences.

* A surveillance device warrant may be obtained to investigate suspected offending in circumstances where a search warrant could be obtained in relation to that suspected offending.

* Warrantless surveillance may be carried out in urgent circumstances.

3. Regulates the use of visual surveillance.

* Visual surveillance is currently not subject to legislative regulation.

* The bill brings it within the surveillance device regime, meaning a warrant is necessary where visual surveillance devices are to be used to observe/record private activities in private buildings (except in circumstances of urgency).

4. Introduces a police-only examination order power.

* Persons believed to have information about suspected offending can be made to answer questions in some circumstances.

5. Spells out how search and surveillance activities are to be carried out.

Examples:

* New powers to secure search scenes and detain people while searches are carried out.

* Places obligations of those in charge of computers/computer networks to provide reasonable assistance in computer searches.

* Power to stop a vehicle in order to search it.

6. Balances the needs of law enforcement for effective search and surveillance powers with the rights of those being searched.

Examples:

* Reporting requirements for agencies in relation to surveillance and warrantless searches.

* Codification of the procedures to be followed where the exercise of search and surveillance powers involves material subject to privileges protected by the Evidence Act 2006.

* Provision for those subject to search and surveillance powers to be notified of the exercise of those powers and of any material seized, except where notification would undermine ongoing investigations or endanger the safety of any person.

ENDS

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