The Search & Surveillance Act 2012 Who does it effect in Local Government & how? Compliance, Enforcement and Regulatory Training (CERT) Systems “Maximising the Safety, Professionalism and Effectiveness of Compliance, Enforcement and Regulatory Personnel”

Powers Obligations Why have a Search & Surveillance Act? Modernising law Adequate investigative tools Recognising BORA, Evidence Act, Privacy Act Lawful, Reasonable & in Good Faith Codifies & updates existing ‘common law’ for search & surveillance

How does it apply to me? The Act applies to all law enforcement agencies – any department of State, Crown entity, Local authority, or other body that employs or engages enforcement officers ‘Enforcement officer’ in the Act means “any person authorised by an enactment specified in column 2 of The Schedule, or by any other enactment that expressly applies any provision in Part 4, to exercise a power of entry, search, inspection, examination or seizure.”

How does it apply to me? Part 1 – General provisions - applies to all Part 2 – Police powers – applies only to Police Part 3 – Enforcement Officers’ powers & orders - applies to all enforcement officers & law enforcement agencies Part 4 – General provisions in relation to search, surveillance & inspection powers – applies to - all enactments listed in The Schedule of the Act – all enforcement officers authorised under those enactments law enforcement agencies employing enforcement officers

LGO acts in The Schedule Dog Control Act s.14(1) to (3), 56(3), 57(6)(b) Food Act s.12(1) & (2), 13(1), & 15A Hazardous Substances and New Organisms Act 1996 – 119(1) Land Transport Act (1) & (2), 119(3), 119(5) Local Government Act s.165, 172, 173(1) Maritime Transport Act s.454, 455(1) – (ie: Harbourmasters) Reserves Act s. 95(1) & 95(6) & 100(1) Resource Management Act - s.334(1) Sale of Liquor Act s.177(1) Waste Minimisation Act s.79(1), 80(3), 82(1) Act commencement 1 October 2012

Complex piece of legislation The Act impacts on LGO legislation in different ways (not consistent across all legislation) –Reporting requirements for RMA vs. Dog Control Act (RMA except from reporting ‘warrantless searches but must report search warrant searches – DCA complete opposite) Understanding the Schedules very important in terms of how the Act impacts your activities

SASA summary Search & Surveillance Act 2012 Part 1 - Interpretations & Purpose Part 3 - Subpart 1 - Surveillance Device warrants Part 3 - Subpart 2 - Production orders Part 4 - In The Schedule to SASA Part 4 - Subpart 4 - Carrying out search powers Part 4 - Sub-part 3 - Search warrants Part 4 - Sub-part 6 - Seized property Part 4 - Sub-part 8 - Reporting of searches Biosecurity Act 1993YYYYNYYN Dog Control Act 1996YYYYYYYY Food Act 1981YYYYNYYN Hazardous Substances & New Organisms Act 1996YYYYNYYN Land Transport Act 1998YYYYYYYY Local Government Act 2002YYYYYYYY Maritime Transport Act 1994YYYYNYYN Reserves Act 1977YYYYYYYY Resource Management Act 1991YYYYNYYN Sale of Liquor Act 1989YYYYNYYN Waste Minimisation Act 2008YYYYYYYY

Part 1 of the Act Part 1 sets out the General Provisions - Interpretation (definitions) Purpose

Visual surveillance devices Do your enforcement officers use ‘visual surveillance devices’? Do they conduct surveillance of private premises? Do they know what a private premise and a non-private premise is under the Act? Do they understand the rules relating to surveillance under Part 3 of the Act?

Part 3 of the Act Part 3 of the Act sets out rules relating to enforcement Officers’ Powers & Orders, including: Sub-part 1 - Surveillance device warrants – rules relating to what triggers requirements for surveillance device warrants Sub-part 2 - Production orders (similar to search warrants but for documents, records etc.)

Part 4 of the Act General provisions in relation to search, surveillance, and inspection powers Sub-part 1 – Application of this part Part 4 applies to  powers conferred in Part 3  enactments listed in The Schedule  any other enactment expressly applying any provisions of this Act References to ‘search’ read as references to inspection, examination powers as appropriate

Part 4 of the Act Is an enactment I am authorised under listed in The Schedule? If yes: What sub-parts of Part 4 apply to powers I exercise? What things must I now do before exercising a power? What exercise of powers needs to be reported by me and my organisation under sub-part 8 of Part 4?

Part 5 of the Act Amendments, repeals & miscellaneous provisions The Schedule Lists enactments that Part 4 applies to

Other matters Act provides immunities from civil and criminal liability for officers (standard across many Acts) However under SASA officers need to be acting in good faith (normal) AND exercises powers in a reasonable manner In the event of civil action against the officer (and probably organisation) onus is on the officer (organisation) to prove their actions meet these standards One of the first tests of ‘reasonable’ will be knowledge of / training in requirements of Act

Act also provides for offences and penalties including for actions of the officer

Summary SASA is in force now Impacts on LGO’s / enforcement officers Requirements are different for different legislation Even if not required under the Act, many requirements should be applied as a matter of ‘good practise’ Very important staff understand (working knowledge) the Act and comply with its requirements