It's Not too Late!

The Search and Surveillance Bill may have passed its second reading, but some of us believe that there is still a fighting chance. It only passed by two votes, there could be a chance some people could be swayed and change their minds.

Last year ACT opposed the Criminal Procedures Bill (part 3) on the basis that it removed the Right to Silence. National had to remove that clause to get that Bill through. Maybe if John Banks could recognise that that Right to Silence is effectively removed in the Search and Surveillance Bill, that will be one vote gone.

United Future could also be worked on.

There may be the odd National Party MP who could do a conscious vote.

And we need to ensure Labour continues to oppose the Bill.

We need to generate enough publicity to weaken the MPs and get the majority to vote against this Bill.

Recent articles about the Bill can be read here.

Do something now to stop the Bill.

It's Back!

It's back with a vengence - the debate over the Search and Surveillance Bill is definitely on the books again.

The legislation passed its second reading on Thursday night by 61 votes to 59, with National, ACT and United Future voting in support. Next week the Bill will probably move to its committee stage.

National say they have changed the Bill, but there isn't much difference. This Bill still dramatically increases state power. It still removes the so-called right to silence. It still allows a dramatic 'legal' increase in powers of state search and surveillance.

Some of the most disturbing provisions still include:

• Warrantless Searches - Circumstances in which ‘enforcement officers’ can search with no warrant are being expanded, now only ‘suspicion’ will be required to conduct a warrantless search.
• Plain view searches – Grants ‘enforcement officers’ the right to seize items in plain view. We believe that this will apply to computers and other data storage devices. Once seized these items can be copied in their entirety.
• Remote access searches of computers: agencies will be empowered to search computers (including for things like web-based email)
• Examination orders: These orders require someone to report to the police for questioning. The right against self-incrimination is totally compromised by this law. You may have to go before a judge to have them determine if you are incriminating yourself, thereby incriminating yourself...a catch-22.
• Production orders – allow ‘enforcement officers’ to sit back and order you to produce documents on an on-going basis that you have or will have in future if they suspect that an offence has been committed

This Bill must be stopped.

Judith Collins says they have adequate safeguards to protect us against unresaonable surveillance. These include prior approval from judiciary before warrants are granted. She also says that anyone feeling their rights are infringed after this Bill becomes law, she says that we have the 'ability to seek redress through the courts when the search or surveillance is unreasonable'. She makes a few basic misassumptions there, including the fact that she thinks 'justice' is accessible and affordable for all.

Meaningless words from her. Anyone following the trial of the 'Urewera 4', arrested as a result of police Operation 8, will know that 'prior approval from judiciary' for the issuing of warrants is worthless.

The state already has unreasonable powers of search and surveillance in this country. We all need to be doing as much as possible to stop this Bill now.

We managed to get it put off in 2009, we can't let them sneak it into law now. We must fight back.

Organse demonstrations, harass members of Parliament - do whatever you can do.

Stop the Bill Now!

The Bill Law by April?

Judith Collins, Minister of Justice, has announced that she intends that the Search and Surveillance Bill is law by mid-April this year.

Mid-April is when the 'temporary Video Surveillance law' expires. That is the law rushed through parliament to retrospectively legalise illegal police action. An action described by many lawyers as 'abhorrent' and even 'repulsive' and not needed. It is (or was) already law then, that any evidence gathered (whether legally or illegally) can be presented in court under the Evidence Act, at the discretion of the court, depending on the seriousness of the evidence.

New Zealand is one of the only lands where law can be changed retrospectively on the whims of government.

Once the Search and Surveillance Bill becomes law, we will be even more on the road to becoming one of the most heavily surveilled countries in the world.

There will also be fundamental changes to 'law and order' - the right to silence will be gone, as will the right to not incriminate oneself. And the law has a catch-22 phrase to legalise all future surveillance developments before they have developed.

This Act, hand-in-hand with other law changes going on, mean so-called 'rights' such as the right to a jury trial, the right to be present for your own court case, are being written out of law.

The Search and Surveillance Bill needs to be stopped now.

The Video Bill is now law

The Video Surveillance Bill is law. It was passed on October 6th, 2011.

The Bill makes it explicitly lawful for government agencies to use covert video surveillance under a warrant for private property. In plain language, it legalises police breaking the law and planting secret surveillance cameras inside peoples' homes.

The bill has retrospective effect, ensuring that all video footage can be used as evidence and that previous convictions that relied on video evidence are not open to appeal.

URGENT ACTION ALERT TO STOP VIDEO CAMERA SURVEILLANCE BILL

It is only days now until Parliament votes on the law that would legalise covert video surveillance by Police, Fisheries, SIS and Customs. This bill must be stopped! It is the most serious assault on our fundamental freedom and rights in our lifetime. As it stands, no warrant is even required to conduct video surveillance.

We are asking everyone to take two minutes to email members of Parliament who have not decided which way to vote and tell them to vote ‘NO’ on the bill. It is likely to be voted on this Thursday (October 6). At present, the National party does not have the numbers to pass the bill. It only has the support of United Future. It needs 3 more votes – so we want to make sure that neither the Labour Party nor the ACT party support this dangerous bill from becoming law. The Green, Maori and Mana parties do not support the bill at all.

Please email any member of parliament you like. We would certainly encourage in particular emails to:

ACT party
Rodney Hide – rodney.hide@parliament.govt.nz
John Boscawen – john.boscawen@parliament.govt.nz
Roger Douglas – roger.douglas@parliament.govt.nz
Hilary Calvert – hilary.calvert@parliament.govt.nz
Heather Roy – heather.roy@parliament.govt.nz

LABOUR
Phil Goff – phil.goff@parliament.govt.nz
Annette King – annette.king@parliament.govt.nz
David Parker – david.parker@parliament.govt.nz
Charles Chauvel – charles.chauvel@parliament.govt.nz
Grant Robertson – grant.robertson@parliament.govt.nz
David Cunliffe – david.cunliffe@parliament.govt.nz
Ruth Dyson – ruth.dyson@parliament.govt.nz
Clayton Cosgrove – clayton.cosgrove@parliament.govt.nz
Maryan Street – maryan.street@parliament.govt.nz
Trevor Mallard – trevor.mallard@parliament.govt.nz

The most important thing to say is:

‘VOTE NO ON THE VIDEO SURVEILLANCE BILL’.

Other things you can say are:

• It is an assault on the rule of law as it retrospectively legalises illegal police actions

• It is an assault on the right to be free from unreasonable search and seizure

• It is an assault on the right to privacy

• You don’t want any expansion of the power of the state to surveil people

The police and government have been misleading the public by saying that the bill will ‘restore the common law position’ - the police have never had the power to do trespassory video surveillance. The police knowingly broke the law and should be prosecuted.

The ONLY submission received in support of this law was from Police. All other submissions – including the Law Society, Criminal Bar, civil society organisations and hundred of individuals all opposed this bill.

March Against the Police State

'There will be an urgent protest march on Saturday, October 1st at 2pm starting from Cuba Mall stage to oppose the government's plan to retrospectively legalise illegal video surveillance by the police,' said Batch Hales, member of the Campaign to Stop the Search and Surveillance Bill.
'The State is set to legalise unlawful video surveillance by police to cover cases already before the criminal courts. In doing so, they are validating illegal conduct deliberately engaged in by the police. They plan to pass this law under urgency within the next week. This is an outrage. People across the country are deeply concerned about this issue. We must stop this further fundamental assault on our freedoms and roll back the expanded police state.'
'Most people will have heard that John Key wants to legalise police breaking the law and planting secret surveillance cameras inside people´s homes so that it applies retrospectively - eg. to cases that have already been investigated and are now being prosecuted. That is, quite simply, contrary to fundamental constitutional principle and a serious violation of individual human rights. It is the police who should be prosecuted.'
'As importantly is the revelation that the police are breaking the law ALL THE TIME. This use of secret video surveillance is in widespread use by police without any legal authority. The police break the law, and then they hope that the court system will allow it under the Evidence Act. Along with this urgent bill, the Search and Surveillance Bill needs to be thrown out.'
'The expansion of State surveillance is fundamentally about controlling the population. It comes at a time of high unemployment, when the entire benefit system is being gutted and public services privatised. Surveillance by the State is about controlling the growing poor and underclass in our society who have nothing to lose, because they have nothing. They are being squeezed at every point: the State is seeking to repress any resistance to the greed of the rich and powerful who have been busy taking corporate welfare, and stealing resources and land.
'We must resist the police state in all its forms - all the mechanics of control and compliance that require we sacrifice freedom for manufactured lies and fear about `criminals´.' concluded Batch.

STOP THE SEARCH AND SURVEILLANCE BILL

Phone-in/Fax-in/Email them!

Contact the members of parliament and demand that they vote
NO on the Search and Surveillance Bill.

Phone: 04-817-999
Fax: 04-471-2551
Email: firstname.lastname@parliament.govt.nz (insert MP's
name into address)

Some things you can tell Members of Parliament about the
Search and Surveillance Bill:

1. You do not support the expansion of police powers to
include video surveillance on/in private property.

2. You do not support the expansion of police
powers to conduct searches without warrants.

3. You do not support the erosion of the right to silence
with the introduction of production and examination orders.

4. You do not support the extension of police powers
to some 70 other government agencies including the
Pork Industry Board, Work and Income, the IRD and the
Overseas Investment Office.

5. You do not support any extension in the use of
tracking devices.

Tell them to vote NO on the Search and Surveillance
Bill! We want a different kind of world: one where our
freedom is not sacrificed in favour of Big Brother ‘security’.