Private investigators may be allowed to covertly film or photograph people suspected of committing a serious crime under a proposed law change.
Under current laws private investigators have fewer rights than private citizens to film or record others. Unlike private citizens, investigators must overtly ask permission.
Associate Justice Minister Clayton
Cosgrove today said the Government was considering amending the law to allow private eyes to covertly film others.
However it would be limited to cases where a serious crime was suspected and they would have to seek a warrant.
"You would have to argue that if you were investigating someone for a criminal offence, it would be rather stupid to approach the person and say 'excuse me, I know you're committing fraud, but can I just get some photos of you doing it?'," Mr Cosgrove said.
"This is not giving people open slather to poke a camera through your bedroom window.
"This is for licensed private investigators who in the course of their duties might be investigating someone for a serious criminal offence punishable by imprisonment."
Investigations into fraud and theft were the kind of cases mostly likely to be helped by the changes.
Mr Cosgrove said he did not know when the amendments to the Private Investigators and Security Guards Act would be introduced. They were on the Justice Ministry work programme, but were not a high priority.
The suggested changes came from a 2001 review of the existing 1974 Act.
That law had put tighter restrictions on surveillance by private investigators prior to "no-fault divorces" being introduced in 1980.
Before then private investigators were allowed to photograph and film others as it was necessary to prove wrongdoing to secure a divorce.
Private investigators believe the changes the Government is proposing would not alter the fundamental nature of a case.
But they would allow investigators to present higher quality evidence, rather than relying on witness testimony.
- NZPA
