
IR-01-25-12039
22 April 2025
S.I.
[FYI request #30596 email]
Dear S.I
Thank you for your Official Information Act 1982 (OIA) request of 1 April 2025, in which
you requested information about surveil ance data.
My response to each part of your request can be found below.
I have a number of questions in relation to the gathering, retention & accessibility of
raw surveil ance data gathered through the interception of private communications,
covert cameras and audio devices, surveil ance and other means in the course of
an investigation.
1: When a surveil ance device warrant is obtained, or covert cameras or other
surveil ance is undertaken by police at a location belonging to a third party or
someone not a suspect or charged at the end of an investigation, is the third
party entitled to any photos, videos, recordings of themselves that have been
captured during the investigation, as per the Privacy Act 2020?
Information col ected as part of a covert police investigation involving a surveil ance
device warrant is retained by Police for investigation purposes. The information obtained
may be used in a subsequent prosecution or investigation and may be included in any
new warrant application(s) made to a Judge. Any decisions as to whether a third party
captured during the investigation is entitled to a copy of such information wil be
determined in accordance with the provisions of the Privacy Act 2020.
For your awareness, there are also destruction requirements in sections 63 and 64 of the
Search and Surveil ance Act 2012 that apply to some information obtained pursuant to
surveil ance device warrants.
2a: Is there a report generated with the execution of a surveil ance device warrant
detailing the dates of entry, placement of device and any other relevant
information?
Section 59 of the Search and Surveillance Act 2012 requires a person, who carries out the
activities authorised by a surveil ance device warrant, to provide a surveil ance device
warrant report within one month after the expiry of the period for which the warrant is in
force to the Judge who issued the warrant or, if that Judge is unable to act, to a Judge of
the same court as the Judge who issued the warrant.
The surveil ance device warrant report must contain the fol owing information:
(a)
whether carrying out the activities authorised by the surveil ance device
warrant resulted in obtaining evidential material:
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. 04 498 7400. www.police.govt.nz

(b)
whether or not the evidential material obtained as a result of carrying out
the activities authorised by the warrant was evidential material specified in
the warrant in accordance with section 55(3)(e):
(c)
the circumstances in which the surveil ance device was used:
(d)
whether any criminal proceedings have been brought or are under
consideration as a result of evidential material obtained under the warrant:
(e)
any other information stated in the warrant as being required for inclusion
in the surveil ance device warrant report.
2b:
Is this report/information available to a third party where the warrant is
executed on their own property?
The decisions as to disclosure of information contained in such a report wil be
considered on a case-by-case basis in accordance with the provisions of the Criminal
Disclosure Act 2008 in relation to prosecutions, or the Official Information Act 1982 and
Privacy Act 2020 in other cases. Other legislation such as the Senior Courts (Access to
Court Documents) Rules 2017 may also be relevant.
3: At what point is the surveil ance data assessed and what happens to the data
deemed irrelevant or of no importance to the investigation?
Al information col ected is assessed by police staff at the moment of interception and
subsequently by the investigation team. Data that is deemed irrelevant is kept and then
destroyed as per legislative requirements.
4:
How long is the raw surveil ance data held by police after the expiry of a
warrant or the termination of an investigation?
The retention of raw surveillance data, excerpts, and information obtained is managed in
accordance with the provisions of sections 63 and 64 of the Search and Surveillance Act
2012.
5: If there is information/images/video or audio recordings of a third party or
someone not a suspect or charged at the end of an investigation, is that data
held on the third party's NIA record or destroyed/deleted?
That information is not held on a third party's NIA records.
Yours sincerely,
Paul Berry
National Criminal Investigations Group
Police National Headquarters
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