Blue Jackie: Search and Surveillance Bill — In Committee 
Blue Jackie: Search and Surveillance Bill — In Committee 
[Volume:678;Page:956] 
Dr JACKIE BLUE (National) 
: 
 I am very pleased to speak to Part 2 of the Search and Surveillance Bill. I was not part of the previous Justice and Electoral Committee in the last Parliament—I am a new member on this committee—but it is clear from the bill and the Supplementary Order Paper that this is an incredibly substantial bill. I must compliment the previous select committee and also the officials. 
When you look through and see what changes the select committee made and then the changes the Supplementary Order Paper makes you can see that a really painstaking process has gone on to ensure that there is clarity and certainty for New Zealanders so that they can feel safe that the police have the right powers that it is appropriate that there are safeguards and that there are checks and balances. So my congratulations go to the select committee which everyone seems to be acknowledging as having done a wonderful job and to the officials. I am sure on this bill that common sense will prevail as the Minister said and that other parties will support this bill through the different stages. 
Part 2 is about police powers and as I say it is disappointing that we have not got the support of other parties at this stage because it is very serious. I mean if we do not get this bill passed by the middle of April surveillance cameras will go off and police powers will be seriously curtailed. Quite frankly criminals are going to get away with crime and I am sure none of us wants that so I really hope that common sense prevails. 
There are in fact about 12 subparts to Part 2 all describing very different situations where the police can act and how they can act. It is prescriptive. It covers a lot of different situations. It is very thorough. I will go over just some of them but I will not go into detail. Subpart 1 is about internal searches search warrant powers in relation to places vehicles and other things. Subpart 2 is about warrantless powers when you do not have a warrant but you need to go into a place or search someone to effect an arrest and that includes vehicles and so forth. 
Subpart 3 is about when you do not have a warrant but you need to actually search someone who is going to be locked up in police custody. And of course Subpart 4 is about warrantless powers when you have an urgent situation. There are a number of subparts all going right through to Subpart 12. So I am really impressed with the comprehensive nature and the detail that the Supplementary Order Paper has brought out of the select committee. 
The Minister touched on examination orders and these are clearly a very serious power that will be given to police. It is something that the Serious Fraud Office has the ability to use—examination powers. But because it is quite serious it has been carefully laid out that there need to be safeguards so there will not be an abuse of power. Obviously the Serious Fraud Office has this ability to use examination orders but this bill will allow police to apply for them. Other members have talked about it but it will mean that those people can cooperate with the police without in any way compromising their own situation without any adverse consequences. 
In a business context examination powers can be used only in offences punishable by 5 years’ imprisonment or more and in a non-business context examination orders can be used to investigate serious fraud punishable by 7 years’ imprisonment or more. So there are really quite defined situations where examination orders can be used. There are safeguards; there are checks and balances. It has been very thorough and painstaking and again my compliments go to the select committee and the officials. Importantly only a judge can make an examination order and that has to be on the application of a high-ranking police officer. So again there are criteria as to when the examination order can be asked for and only a judge can provide one. 
I just want to talk about the journalists. I am sure that this part of the bill will be welcomed by journalists. We are a democratic society. People who feel they should be speaking out under cover of anonymity should have that ability and journalists often have sources they wish to protect. I know we have the ability to have free media and reporting in our country and long may that continue. I am sure this part of the bill will be welcomed by journalists and media. The bill will improve journalists’ ability to protect the identity of their sources. Thank you.