Surveilling the Stopgap

New Zealand Law Journal, pp. 404-407, 2011

4 Pages Posted: 31 Mar 2015 Last revised: 26 Mar 2019

See all articles by Samuel Beswick

Samuel Beswick

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

William Fotherby


Date Written: December 1, 2011


Readers will be aware of the constitutional tempest provoked by the decision in Hamed v R [2011] NZSC 101. In this article, we look back at the events it set in motion and examine both the constitutional implications of the government’s response to the Supreme Court judgment and the practical impact of the “remedial” legislation passed by Parliament. To end, we offer our own thoughts on what conclusions might safely be drawn from this turbulent month.

Keywords: NZBORA, s21, Hamed, search, surveillance, video, visual, warrant

Suggested Citation

Beswick, Samuel and Fotherby, William, Surveilling the Stopgap (December 1, 2011). New Zealand Law Journal, pp. 404-407, 2011, Available at SSRN:

Samuel Beswick (Contact Author)

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

1822 East Mall
Vancouver, British Columbia V6T 1Z1


Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States


William Fotherby


No Address Available
United States

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