Video Camera Surveillance (Temporary Measures) Act 2011

Coat of Arms of New Zealand

Video Camera Surveillance (Temporary Measures) Act 2011

Public Act2011 No 97
Date of assent17 October 2011
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1  Title
  • This Act is the Video Camera Surveillance (Temporary Measures) Act 2011.

2  Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1
Preliminary provisions

3  Purposes of this Act
  • The purposes of this Act are—

    • (a) to leave unaffected, as far as the parties in the proceedings entitled R v Hamed & Others are concerned, the decision of the Supreme Court in Hamed & Others v R [2011] NZSC 101, 2 September 2011; and

    • (b) to provide a temporary period that will enable Parliament to address in a comprehensive way the matters raised in the decision regarding the lawful and appropriate use of video camera surveillance as part of law enforcement; and

    • (c) to uphold, during the temporary period referred to in paragraph (b), the deployment of video camera surveillance only to the extent that it was considered to be not unlawful in decisions prior to the decision in Hamed; and

    • (d) to ensure that the right to be secure against unreasonable search and seizure set out in section 21 of the New Zealand Bill of Rights Act 1990 is unaffected by the temporary measures put in place by this Act.

4  Interpretation
  • In this Act, unless the context otherwise requires,—

    covert video camera surveillance means the use of a video camera for surveillance, from a fixed or mobile position, that is intended to be hidden from the view of those who are to be observed

    decision means the decision of the Supreme Court in Hamed & Others v R [2011] NZSC 101, 2 September 2011

    search means an act done by a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990—

    • (a) that is, or is in connection with, a search in respect of which a search warrant has been issued; or

    • (b) that is a search where surveillance is conducted from outside the boundaries of the land or place under observation

    specified person means any person charged with offences against the Crimes Act 1961 or the Arms Act 1983 following a police investigation into events in the Urewera ranges in 2006 and 2007 that is known as Operation 8

    use, in relation to video camera surveillance, includes (without limitation) the positioning, installation, maintenance, and removal of the camera.

Part 2
Temporary measures, past court decisions undisturbed, and savings

Temporary measures

5  Temporary continuation of lawfulness of certain uses of video camera surveillance
  • (1) This section applies to the use of covert video camera surveillance as part of, or in connection with, a search, if that use occurs on or after the commencement of this Act but before the close of the day that is 6 months after the date on which this Act comes into force.

    (2) The use of covert video camera surveillance as part of, or in connection with, a search does not of itself render the search unlawful.

    (3) This section is subject to sections 6 and 7.

Past court decisions undisturbed

6  Past court decisions undisturbed
  • (1) Despite section 5(1), the fact that covert video camera surveillance was used as part of, or in connection with, a search to obtain evidence that was admitted in a criminal proceeding is not of itself a reason for allowing an appeal against a conviction that was entered in that proceeding prior to the commencement of this Act.

    (2) This section is subject to section 7.

Savings

7  Savings
  • Nothing in this Act affects the decision as it relates to any specified person.


Legislative history

27 September 2011Introduction (Bill 333–1), first reading and referral to Justice and Electoral Committee
3 October 2011Reported from Justice and Electoral Committee (Bill 333–2)
6 October 2011Second reading, committee of the whole House, third reading
17 October 2011Royal assent

This Act is administered by the Crown Law Office.