Government introduces legislation to reaffirm Police tools to prevent, disrupt, and address crime

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Source: New Zealand Government

The Government has introduced a Bill to amend the Policing Act 2008, reaffirming Police’s ability to record images and sounds in public places, and some private places, as well as expanding temporary area closure powers.

Following the decision of the Supreme Court in the Tamiefuna case, Police’s ability to record images and sounds in public places, and collect personal information for lawful purposes, including intelligence was constrained.

“This created uncertainty and made the collection of evidence, and therefore the prosecution of criminals, much harder” says Police Minister Mark Mitchell.

“The government has introduced a bill to reaffirm the prior common law position, making it clear that Police can collect and use images in public places, and some private places, for lawful policing purposes. This includes intelligence gathering, crime prevention, and other policing functions.

“These changes will enable that and strengthen Police’s ability to detect and prevent crime, and hold offenders accountable for their offending. Ultimately it will help Police keep Kiwis safe.”  

The Government is also expanding Police’s existing temporary road closure powers to cover a broader range of areas, such as parks, reserves, beaches, and carparks.

The changes will give Police new tools to manage non-compliance with temporary closures, including the ability to direct people to leave a closed area, stop vehicles, obtain identifying particulars for the purpose of issuing infringements, and arrest without warrant those who fail to comply.

The new powers will also leverage existing powers that are being progressed through the Antisocial Road Use Legislation Amendment Bill, led by Minister Chris Bishop.

“These new powers will provide clarity and consistency for frontline Police, ensuring they have the necessary tools to support the Governments Law and Order agenda,” Mr Mitchell says. “They will be useful tools to help Police respond to incidents like street racing and dirt bike riding in public parks.”

MIL OSI

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