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Search and Surveillance Act 2012

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

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

You could also call this:

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

When a Judge gets a report about using a surveillance device in an urgent or emergency situation, they can do several things. They can give directions about what to do with the information collected from the surveillance device, such as destroying or keeping it. They can also report to the head of the agency if they think the surveillance device was not used correctly according to the rules in section 48.

The Judge can order that the person being surveilled is told about it, but only if they are sure that it is the right thing to do. They must consider if telling the person would be more important than potentially harming an investigation, putting someone in danger, or affecting relationships with other countries.

The Judge has to think carefully about whether the public interest in telling the person outweighs any potential problems it could cause, such as affecting an investigation by a law enforcement agency, or putting informants or undercover officers in danger, before making a decision about what to do with the report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136718.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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61: Actions on receipt of surveillance device warrant report, or

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

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

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

  1. A Judge receiving a report under section 60 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 use of the surveillance device:
    1. if he or she considers that the use of the surveillance device was not authorised under section 48, report accordingly 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 that—

        2. the circumstances set out in subsection (3) exist; and
          1. use of the surveillance device was a serious breach of the criteria set out in section 48.

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

            2. 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.