Search and Surveillance Bill amended to better protect human rights

Justice Minister Simon Power has announced that Cabinet has approved a number of recommendations to amend powers in the Search and Surveillance Bill to better protect human rights. 

"The bill is designed to regulate and standardise the powers of agencies with the current power of search," Mr Power said.

"With a few exceptions, the amendments proposed place further restrictions on the exercise of powers under the bill, and strengthen the protections to the public in the search and surveillance regime.

"The changes substantially address public concerns raised regarding the bill, in particular the ability of non-Police agencies to conduct surveillance."

The changes include:

• Limiting the use of surveillance involving the installation of a visual surveillance device on private property and all audio surveillance to:
• o offences carrying a maximum penalty of 7 years' imprisonment or more, with the exception of some Arms Act offences; and
• o Police (unless non-Police agencies become authorised in future by Order in Council).
• Clarifying that a warrant is required to conduct surveillance involving entry onto private property, except in narrow circumstances where immediate action is required.
• Limiting examination orders to serious offences, such as those committed by organised criminal groups.
• Creating a destruction regime for raw surveillance data that is not of investigative value.
• Limiting the power to detain people at a search scene to enforcement officers who already have the ability to arrest for a specific offence in relation to which they are undertaking the search.

"The Justice and Electoral Select Committee is now considering these matters and I await their report back to Parliament due at the end of October."

The Cabinet paper is available here.