Surveillance bill passed by Parliament

Legislation designed to allow police to use covert video footage has been passed by Parliament, after footage taken during the Urewera investigation was ruled illegal. Photo / Alan Gibson

Parliament has passed the Video Camera Surveillance (Temporary Measures) Bill, which restores the ability of police to use covert video surveillance in their investigations.

"Parliament's support for this important Bill means police are able to resume operations involving covert video surveillance of serious criminal activity," Attorney-General Christopher Finlayson said in a statement.

All police covert video surveillance on private property had been halted following a Supreme Court decision on September 2 that almost all such operations were illegal.

"The Bill preserves the position as it was understood by successive governments and the police, based on jurisprudence prior to the Supreme Court's decision, that covert video surveillance in an otherwise lawful search will not be regarded as illegal (for example, if Police were on private property under search warrant)."

Mr Finlayson said there was cross-party support for the police to have appropriate surveillance powers to investigate serious criminal activity.

The Bill preserves the previously understood position for six months, giving the next Parliament time to enact enduring legislation around search and surveillance.

"I am glad that that Parliament has been able to work constructively in order to enact this legislation only three weeks after parts of the Supreme Court's judgment had suppression orders lifted," Mr Finlayson said.

The Bill does not provide any legal power that did not exist before the Supreme Court decision to use covert video surveillance. The Courts will retain the power to exclude video surveillance evidence that has been obtained unreasonably and in violation of the New Zealand Bill of Rights Act's protections against unreasonable search and seizure.

The Bill's provisions will not apply to evidence in pending trials, where that was collected before the Bill's enactment. However, the Bill does prevent those who have already been convicted from appealing on the basis of the Supreme Court's decision.

The Green Party, Maori Party and Mana Party voted against the Bill.