Does RIP(S)A apply to monitoring of noise complaints for part 5 of the ASB Act?
A. RIP(S)A only applies to covert “directed” or “intrusive” surveillance. Noise monitoring would normally be always done covertly. RIP(S)A defines directed surveillance as surveillance that is “likely to result in the obtaining of private information about a person”. The monitoring of noise would not normally result in obtaining private information, unless a recording device was used. Therefore, if a device that simply measures the level of noise is used, RIP(S)A does not apply. RIP(S)A defines intrusive surveillance as surveillance that is carried out by a person or device, actually inside the offending property. It is unlikely that noise monitoring would ever be carried out in this way for the purposes of Part 5 of the ASB Act.
