DOTCOM Who’s spying on me now?

Kim Dotcom wants to know — is he being spied on again? The question came after the discovery of a surveillance camera in the penthouse suite of the Hilton on Auckland’s Princes Wharf.

And it turns out the answer might be “yes”. The camera belongs to NZ Customs and is being used by the NZ Defence Force — although both agencies say any surveillance of Dotcom’s home was accidental.

The latest instalment in Dotcom’s complicated relationship with New Zealand government agencies came one evening last month as the former Megaupload owner was looking across from his penthouse apartment towards the neighbouring Hilton.

He noticed a light through a curtain on what was normally a deserted floor.

“I social engineered hotel staff by calling during the night shift and told them a story that someone left the terrace door of the penthouse open and that the curtain is flying in the wind.

“A housekeeper went up and pulled the curtain to the side exposing the camera.”

Dotcom photographed the camera and zoomed in on the image, and believed he saw a lens focused on his apartment.

Dotcom was illegally spied on by New Zealand’s electronic spy agency, arrested on copyright charges by the police antiterrorist strike force and mocked by Security Intelligence Service agents.

Dotcom and his fellow accused continue to resist an extradition request that would see them facing charges in the US.

Dotcom’s lawyers wrote to the Hilton for an explanation.

Management replied that the camera had been placed there by NZ Customs Service.

Dotcom said: “They claim that NZ Customs told them that they are monitoring the harbour during the Navy celebrations [the 75th anniversary on November 16]. But the camera lens was facing the opposite way — at my apartment.”

Customs group manager of intelligence, investigations and enforcement Jamie Bamford confirmed it owned the camera.

He said it had been installed by Customs then monitored and operated by NZDF personnel.

Customs had retained the footage and had been reviewing it since Dotcom’s lawyers raised questions.

“Yes, there is some footage of the neighbouring building. We’re confident at the moment that we haven’t captured any people in the neighbouring building.”

Dotcom has railed against Customs for the detention and search of guests who declared on arrival in New Zealand they were intending to stay with him.

But Bamford said: “We had no knowledge of where Kim Dotcom was. Kim Dotcom is of no interest to Customs.”

He said the camera had been borrowed by NZDF between November 11 and November 22, when foreign naval vessels were moored in Waitemata Harbour.

“It is primarily looking out at sea, naval boats and seagulls.”

The Privacy Commissioner has issued strict directions around the use of CCTV cameras, including warning anyone installing them to take care “selecting and positioning”.

A spokesman for the defence forces said the camera had been installed to improve security for the celebrations. It was “not aimed at apartments”.

“All navies, including the RNZN, are obliged to consider security for their people, ships and aircraft, wherever they are in the world. The camera was covering areas where naval vessels were berthed and was not aimed at apartments.”