New Zealand Acts New Zealand Actss 35
Omit from the heading to section 23B the words listening device and substitute
the words interception device. Omit from section 23B(1) the words
a listening device and substitute the words an
interception device. Repeal the definitions of
intercept and private communication in section 2(1) and substitute,
respectively:
"intercept" , in relation to a private communication, includes hear, listen
to, record, monitor, acquire, or receive the communication either—
a) while it is taking place; or
b) while it is in transit
a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.Omit from section 10(3)(a) the word telephone and substitute the word telecommunications. Omit from section 10(3)(b) the word telephonic. Repeal the definitions of intercept and private communication in section 10(1) and substitute, respectively:
a) while it is taking place; or
b) while it is in transit
a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.Repeal the definition of listening device in section 10(1). Insert in section 10(1) , in their appropriate alphabetical order:
a) take place between individuals; or
b) be sent to or from an identified individual
a) means any electronic, mechanical, or electromagnetic instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but
b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.Omit from sections 10(1), 14(1), 15(1)(b), 15A(1), 15B(1)(b), 16(1)(d) and (2), 17, 25(1) and (4), and 29 the words a listening device wherever they appear and substitute in each case the words an interception device. Omit from section 28(3) and (4) the words listening device wherever they appear and substitute in each case the words interception device. Repeal section 14(2)(c) and substitute:
c) the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the police investigation of the case or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in the drug dealing offence; and.Repeal section 15A(2)(c) and substitute:
c) the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the police investigation of the case or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and.Repeal section 16(1)(b) and substitute:
b) state,—Insert in section 19(1) after the words a particular place the words or a particular thing or a particular type of facility. Omit from the headings to sections 21 and 22 the words listening device and substitute in each case the words interception device. Insert in section 24(b) after the word place the words (if known). Omit from section 65(3) the words a listening device and substitute the words an interception device. Repeal sections 114 and 115 .i) in the case of a warrant granted under section 15 , the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect's name and address are not known, the premises, place, thing, or type of facility in respect of which private communications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in the drug dealing offence; orii) in the case of a warrant granted under section 15B , the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect's name and address are not known, the premises, place, thing, or type of facility in respect of which private communications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and.