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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Surveillance device warrant reports

61: Actions on receipt of surveillance device warrant report

You could also call this:

"What happens when a Judge gets a report about secret surveillance"

When a Judge gets a report about a surveillance device warrant, they can do some things. They can give directions about what to do with the information that was gathered. If they think the surveillance was not done correctly, they can report this to the person in charge of the agency that did the surveillance. They can also order that the person who was being surveilled be told about it.

The Judge will only order that the person be told if they are sure that it is the right thing to do. They must think that the surveillance should not have happened, or that something went seriously wrong. They also need to think about whether telling the person would be more important than potentially hurting an investigation, or putting someone in danger.

You might be told that you were surveilled if the Judge thinks it is in the public interest. This means they think it is more important for you to know than for the investigation or other things to be kept secret. The Judge will consider things like whether it would hurt an investigation, or put someone's safety at risk, before making a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136717.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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"Telling a Judge about using a surveillance device in an emergency"

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62: Actions on receipt of report on use of surveillance device in situation of urgency or emergency, or

"What happens when a Judge gets a report about using a spy device in an emergency"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Surveillance device warrant reports

61Actions on receipt of surveillance device warrant report

  1. A Judge receiving a surveillance device warrant report under section 59 may do any 1 or more of the following:

  2. give directions as to the destruction or retention of the material obtained as a result of the surveillance:
    1. if he or she considers that the surveillance activities carried out were in breach of any of the conditions of the warrant's issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency:
      1. order that the subject of the surveillance be notified.

        1. The Judge must not make an order under subsection (1)(c) unless he or she is satisfied—

        2. that the circumstances set out in subsection (3) exist; and
          1. that—
            1. the warrant should not have been issued; or
              1. there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.

              2. The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:

              3. any investigation by the law enforcement agency:
                1. the safety of informants or undercover officers:
                  1. the supply of information to the law enforcement agency:
                    1. any international relationships of the law enforcement agency.