Targeted Visual Surveillance in New Zealand: An Analysis and Critique of the Search and Surveillance Bill

Abstract

State surveillance is inadequately regulated in New Zealand. Laws governing the use of surveillance devices are found throughout several legislative schemes and are often inconsistent and insufficient to regulate this complex field of law. In addition, the courts have provided little guidance regarding the impact of state surveillance activities on s 21 of the New Zealand Bill of Rights Act 1990.

This article endeavours to achieve three purposes. The first is to present a broad overview of the new surveillance regime provided under the Search and Surveillance Bill and to explain how it will impact upon criminal procedure and human rights values. The second is to critique the shortfalls in the surveillance regime's current drafting and to identify the problems that may result. Finally, in light of those problems, this article offers suggestions throughout where reform of the Bill may be appropriate.

Keywords: surveillance, visual, NZBORA, police, warrants