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

New Zealand Law Students' Journal, pp. 239-266, 2010

28 Pages Posted: 30 Mar 2015

See all articles by Samuel Beswick

Samuel Beswick

Peter A. Allard School of Law, University of British Columbia; Harvard Law School

Date Written: November 1, 2010

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

Suggested Citation

Beswick, Samuel, Targeted Visual Surveillance in New Zealand: An Analysis and Critique of the Search and Surveillance Bill (November 1, 2010). New Zealand Law Students' Journal, pp. 239-266, 2010, Available at SSRN: https://ssrn.com/abstract=2576795

Samuel Beswick (Contact Author)

Peter A. Allard School of Law, University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

HOME PAGE: http://allard.ubc.ca/about-us/our-people/samuel-beswick

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

HOME PAGE: http://scholar.harvard.edu/beswick

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