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Comments of the Privacy Commissioner for the Select Committee Hearing on the Search and Surveillance Bill

Introductory comment

Search and surveillance is a complex area with an immense impact on citizens' rights in relation to the State. Up to now, it has suffered from a lack of consistency and coherence, but the work of the Law Commission and the resulting Search and Surveillance Bill have significantly improved this situation.

Of course, any discussion of search and surveillance gives rise to major privacy issues. By its nature the Bill covers activities that are intrinsically invasive. The Committee is faced with the hard job of balancing genuine law enforcement needs with the public interest in privacy.

In addition, the electronic age we are living in provides far more scope for search and surveillance activities than ever before. It is important that this major piece of legislation is enacted with appropriate safeguards in place to protect all New Zealanders.

Generally, the Bill successfully manages the competing concerns. However, I have recommended several changes to the Bill, to address what appear to be oversights in the drafting. I recognise that search and surveillance is a vital part of law enforcement and enforcement officers should have the tools they need to carry out this role effectively. However, New Zealanders have the right to expect that the intrusions into their private lives created by the Bill will be justifiable and also operated with appropriate safeguards in place.

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