Monday, 1 October 2012

New surveillance powers for police in NZ


New Zealand – police state

The Search and Surveillance Bill was passed in parliament back in March and has now come into effect.

The announcement on Radio New Zealand dispensed with all pretence about “terrorism” and simply said that it was bringing the law into line with new technology and was “simplifying” the law.

The SIS (which spies on NZ citizens) and the GCSB (which spies on foreign interests, including our own 'allies') are covered by their own legislation but this now extends the right to snoop to the police to the police and a range of other organisations making the abomination of the 2007 Urewera terror raids legal.

Now, no-one, including the writer will be safe any more – these powers have been compared with the power to go through people's underwear, so wide-ranging they are.

- Seemorerocks


 New police search and surveillance law in force

1 October, 2012

New police search and surveillance laws have come into effect overnight.

The Search and Surveillance Act, which was passed through Parliament in March, extends production and examination orders to the police and legalises some forms of surveillance.

It will let more government agencies carry out surveillance operations, allows judges to determine whether journalists can protect their sources, and changes the right to silence.

In March Justice Minister Judith Collins said it brought "order, certainty, clarity and consistency to messy, unclear and outdated search and surveillance laws".

The Act draws together, under one statute, the powers that existed under 69 separate laws.

The Bill was opposed by all opposition parties and the Maori Party.

The Act does not affect the Secret Intelligence Service or the Government Communications Security Bureau which are governed by their own laws.


New search and surveillance laws in force

1 October, 2012

Police say they are training their staff intensively to help administer laws on search and surveillance which are now in force.

The Search and Surveillance Act which took effect on Monday gives police and other officers powers to search, or keep people under surveillance, without a warrant in situations of emergency or urgency.

Its powers replace those previously spread across 69 pieces of legislation, including the Prostitution Reform, Biosecurity and Dog Control Acts.

The legislation allows more government agencies to carry out surveillance operations, changes the right to silence and allows judges to decide whether journalists can protect their sources.

Police Assistant Commissioner Malcolm Burgess told Morning Report the law change is not a massive increase in the powers of the police, and those powers which have been granted are commonsense ones such as those which deal with an emergency.

Many government agencies, such as the Pork Board and the Inland Revenue Department, already have search and surveillance powers that can be used to check for either compliance or suspected offences.

The new laws clarify exactly how those warrants can be obtained, and how a search can be carried out.

Nicholai Anderson, senior associate at law firm Chen Palmer, says the new laws are wide-ranging, involving dozens of Government agencies.

He says if those agencies have reasonable grounds for believing someone has committed, or will commit, an offence they can make an application for surveillance or search.

The Government says the legislation will be reviewed within the next four years to ensure it is operating effectively, and decide whether it needs any improvements.


To see the text of the Search and Surveillance Act 2012 GO HERE

For a site that is now redundant but gives background information see  Stop the Search and Surveillance Bill

For information on similar moves in Australia see Oz law proposes to store users' internet data

Police commissioner welcomes new search and surveillance rules


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