The group now says Police had no grounds to conduct the surveillance, and are bringing a complaint under the Independent Police Conduct Authority.
Over time, the group's purpose broadened to include advocating for prisoners' right to vote, abolition, running education programmes for prisoners, and advocating for an end to solitary confinement practices in prisons. Come November 2016, the group were holding pickets at Corrections offices around the country to protest a trans prisoner being held in isolation. The practice, they said, was causing the prisoner immense mental distress, and was a violation of her human rights. During one of the pickets, four members of the group entered a Corrections office and chained themselves to a desk. They were arrested, and three were charged with trespass.At the time, Waikato Police Senior Sergeant Ray Malcolmson said Police were taking a "low key" approach to the protest. But a year later, court documents obtained by VICE showed the subsequent investigation into the lives of the three activists appears to be far from low-key. For an unspecified length of time—the activists do not yet know if their phones could still be tapped—Police intercepted and recorded their phone calls and text messages.
When repeatedly asked for comment by VICE, Police wouldn't state what justified the surveillance.
A Police spokesperson told VICE, "for operational reasons Police are not able to respond to requests which seek to confirm or deny if a person or organisation is under investigation."
Geiringer, who has worked on several high-profile Police surveillance cases, said it was difficult for people to access information from Police about if they had been surveilled by Police, or why. "Most people only find out if the evidence is used against them in Court," he said."There are not enough checks and balances. It is too easy for Police to obtain a warrant in circumstances where one is not justified. It is too difficult to discover that that happened. It is too difficult to have anyone uphold, or even hear, a complaint."
In an initial review of the Search and Surveillance Act from late last year, the Law Commission notes the way Police currently work could cause an unnecessary invasion of privacy, as the system involves listening to and recording all phone calls, even those unrelated to an investigation. "Where Police use an interception device on a phone line, all calls are recorded by the Crime Monitoring Centre (CMC), a national 24-hour monitoring service. CMC employees listen to all intercepted calls and summarise them," the report notes. They cite examples where "the usual process adopted by Police involves a greater invasion of privacy than necessary because someone listens to the entirety of every intercepted phone call"."I don't believe a sit-down protest at a government office is acceptable grounds for the wholesale violation of the human right to privacy."
Investigative journalist Nicky Hager has had first-hand experience of Police overstep: he won a case against Police in the High Court in 2016. The judge found that the Police raid on his home was fundamentally unlawful, and that Police had not meet their duty of candour when they asked a District Court judge to issue the search warrant.He said there are questions to be asked about whether the interception of activist communications were a one-off, or part of a broader problem."There are two possibilities with a case like this that comes up, given that we don't get routine information about how many are going on. One, that there were some Police officers involved in this protest, who appear to have grossly overstepped… The other possibility is that the environment has changed, the climate has changed, and there's a sense of entitlement to use more intrusive tools against normal democratic protest. And we don't know which one it is, because there are no statistics on this, there's no transparency."When people suspect they can't talk on the telephone when they're organising a simple piece of democratic activity like a demonstration or something, that has a terrible chilling effect"
"There is very little oversight, very little in the way of checks and balances."