Policing Amendment Bill

45A Purposes for which Police may collect information The Police may collect information for 1 or more of the following purposes: to support the safety of a Police employee while they are performing their duties as a Police employee: to support the integrity of policing: an intelligence purpose connected with a function, or an activity, of the Police: any other lawful purpose connected with a function, or an activity, of the Police. 45B Recording by Police employee: public places (1) A Police employee may, for 1 or more of the purposes set out in section 45A, record, by any means,— visual images of any person or thing that is in, or that can be observed from, a public place; and any sound that is emitted from, or that can be heard in, a public place. (2) This section does not authorise a Police employee to undertake any 1 or more of the activities set out in section 46(1) of the Search and Surveillance Act 2012. 45C Recording by Police employee: private property (1) A Police employee who is lawfully on private property may, for 1 or more of the purposes set out in section 45A, record, by any means, anything that they— can see or hear there; and do not need to use a surveillance device to see or hear. (1A) This section does not limit or affect the ability of a Police employee who is at a Police station or any other place being used for Police purposes to make a recording, including a recording of a visual image or sound that they need to use a surveillance device to see or hear. (2) In this section, surveillance device has the meaning given in section 3(1) of the Search and Surveillance Act 2012. 45D Restrictions on Police employee collecting information for intelligence purpose Despite anything in sections 45A to 45C, a Police employee— must not collect information for an intelligence purpose unless they consider that the information will or may support the Police in performing a function, or carrying out an activity, of the Police; and may make a continuous sound or video recording solely for an intelligence purpose only if— paragraph (a) does not prevent them from making the recording for that purpose; and making the recording solely for that purpose is reasonable in the circumstances; and the duration of the recording is not longer than is reasonable in the circumstances. 45E Relationship between sections 45A to 45D and other law (1) The collection of personal information authorised by sections 45A to 45D is subject to information privacy principles 1 to 4 set out in section 22 of the Privacy Act 2020. (2) Nothing in sections 45A to 45D limits or affects— the Police’s intelligence-gathering function at common law; or the ability of the Police or any other agency to collect information under— other legislation; or a power given by the common law. (3) In this section, personal information has the meaning given in section 7(1) of the Privacy Act 2020.

100A Review of operation of sections 45A to 45E (1) The Minister must, as soon as practicable after the third anniversary of the commencement of sections 45A to 45E, commission an independent review of the operation of those sections. (2) The review must consider whether— any amendments to sections 45A to 45E are necessary or desirable; and any other amendments to this Act relating to sections 45A to 45E are necessary or desirable. (3) The reviewer must,— in conducting the review, consult the following about the review: the Police: the Independent Police Conduct Authority: the Privacy Commissioner; and complete the review as soon as practicable after being commissioned to conduct it; and as soon as practicable after completing the review, prepare a report on the review; and as soon as practicable after completing the report, provide it to the Minister. (4) The Minister must, as soon as practicable after receiving the report, present a copy of it to the House of Representatives.

4 Interpretation In this Act, unless the context otherwise requires,- authorised officer means a Police employee authorised under section 24 Commissioner means the Commissioner of Police holding office under section 12 confidential Police document means any Police report, notice, circular, or other document in any form that- (a) contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and (b) is produced by any Police employee constable means a Police employee who- (a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act); and (b) includes a constable who holds any level of position within the New Zealand Police court process means a summons, warrant, order, direction, or other process of a Court or judicial officer, or of a Registrar or Deputy Registrar of a Court criminal court process means a court process issued through a Registrar of the High Court, or a Registrar of the District Court in its criminal jurisdiction Deputy Commissioner means a Deputy Commissioner of Police holding office under section 13 general instructions means general instructions issued by the Commissioner under section 28 health practitioner means a person who is or is deemed to be registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003 Judge means a Judge of any court judicial officer means a Judge, Justice of the Peace, or Community Magistrate medical practitioner means a health practitioner who is or is deemed to be registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act Police means the instrument of the Crown continued in existence by section 7(1) Police article means any crest, badge, emblem, design, logogram, or other distinguishing article used, worn, or carried by any Police employee while on duty and described in regulations made under this Act Police dog means a dog that is- (a) undergoing or has successfully completed a course of instruction at the Police Dog Training Centre; and (b) being used for police duties Police dog handler means a Police employee who is undergoing or has successfully completed a course of instruction at the Police Dog Training Centre that qualifies the employee to perform duties as a Police dog handler Police employee means a person employed under section 18 and, except in Part 4, includes a person seconded to the Police Police property- (a) means property used by, or in the possession or under the control of, the Police (whether belonging to the Crown or not); and (b) includes a confidential Police document or copy of that document Police uniform means distinctive clothing or equipment that- (a) is issued by the Commissioner to be worn by Police employees while on duty; and (b) has a colour scheme, pattern, or style that enables the person wearing it to be readily identifiable as a Police employee policing- (a) means the performance by the Police of any of its functions; and (b) includes the exercise by Police employees of powers that they have because they are constables or authorised officers (whether the powers are statutory or given by the common law) State services superannuation scheme means any superannuation scheme to which Police employees may belong or are required to belong, being a superannuation scheme- (a) established under clause 13(a) of Schedule 8 of the Public Service Act 2020 by the Commissioner; or (b) arranged under clause 13(b) or (c) of Schedule 8 of the Public Service Act 2020 by the Commissioner supervisor means, in relation to a Police employee,- (a) a Police employee who holds a supervisory position in relation to that Police employee; and (b) includes a Police employee who is nominated by a supervisor to be acting supervisor of that employee. accessible area means an area of land that is accessible to the public, or a section of the public, by motor vehicle,- whether for free or on payment of a charge; and whether or not any owner or occupier of the area is lawfully entitled to exclude or eject any person from it motor vehicle has the meaning given in section 2(1) of the Land Transport Act 1998 vehicle has the meaning given in section 2(1) of the Land Transport Act 1998

4 Interpretation In this Act, unless the context otherwise requires,- authorised officer means a Police employee authorised under section 24 Commissioner means the Commissioner of Police holding office under section 12 confidential Police document means any Police report, notice, circular, or other document in any form that- (a) contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and (b) is produced by any Police employee constable means a Police employee who- (a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act); and (b) includes a constable who holds any level of position within the New Zealand Police court process means a summons, warrant, order, direction, or other process of a Court or judicial officer, or of a Registrar or Deputy Registrar of a Court criminal court process means a court process issued through a Registrar of the High Court, or a Registrar of the District Court in its criminal jurisdiction Deputy Commissioner means a Deputy Commissioner of Police holding office under section 13 general instructions means general instructions issued by the Commissioner under section 28 health practitioner means a person who is or is deemed to be registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003 Judge means a Judge of any court judicial officer means a Judge, Justice of the Peace, or Community Magistrate medical practitioner means a health practitioner who is or is deemed to be registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act Police means the instrument of the Crown continued in existence by section 7(1) Police article means any crest, badge, emblem, design, logogram, or other distinguishing article used, worn, or carried by any Police employee while on duty and described in regulations made under this Act Police dog means a dog that is- (a) undergoing or has successfully completed a course of instruction at the Police Dog Training Centre; and (b) being used for police duties Police dog handler means a Police employee who is undergoing or has successfully completed a course of instruction at the Police Dog Training Centre that qualifies the employee to perform duties as a Police dog handler Police employee means a person employed under section 18 and, except in Part 4, includes a person seconded to the Police Police property- (a) means property used by, or in the possession or under the control of, the Police (whether belonging to the Crown or not); and (b) includes a confidential Police document or copy of that document Police uniform means distinctive clothing or equipment that- (a) is issued by the Commissioner to be worn by Police employees while on duty; and (b) has a colour scheme, pattern, or style that enables the person wearing it to be readily identifiable as a Police employee policing- (a) means the performance by the Police of any of its functions; and (b) includes the exercise by Police employees of powers that they have because they are constables or authorised officers (whether the powers are statutory or given by the common law) State services superannuation scheme means any superannuation scheme to which Police employees may belong or are required to belong, being a superannuation scheme- (a) established under clause 13(a) of Schedule 8 of the Public Service Act 2020 by the Commissioner; or (b) arranged under clause 13(b) or (c) of Schedule 8 of the Public Service Act 2020 by the Commissioner supervisor means, in relation to a Police employee,- (a) a Police employee who holds a supervisory position in relation to that Police employee; and (b) includes a Police employee who is nominated by a supervisor to be acting supervisor of that employee. electronic address has the meaning given in section 4(1) of the Unsolicited Electronic Messages Act 2007 infringement fee, in relation to an infringement offence, means the infringement fee- for the infringement offence; and specified in section 46A infringement offence means an offence against section 46A regulations means regulations made under this Act

35 Temporary closing of roads accessible areas When subsection (2) applies (1) A constable may temporarily close to traffic any road, or part of Subsection (2) applies if a road, leading to or from constable believes on reasonable grounds that 1 or in the vicinity more of a place, if the constable has reasonable cause following apply in relation to believe that— a place (which may, but need not, be an accessible area): (a) public disorder exists or is imminent at or near that place; or the place: (b) danger to a member of the public exists or may reasonably be expected at or near that place; or the place: (c) an offence punishable by 10 or more years’ imprisonment has been committed or discovered at or near that place. (2) In this section,— the place: an antisocial road has use offence is being committed, or may reasonably be expected to be committed, at or near the meaning given place: a person is operating, or may reasonably be expected to operate, a motor vehicle at or near the place in a way that— creates, or is likely to create, noise that, having regard to all the circumstances, is excessive; and unreasonably interferes, or is likely to unreasonably interfere, with use and enjoyment of the place by the public or a section 315(1) of the Local Government Act 1974 except public; and causes, or is likely to cause, damage to, or destruction of, either or both of the following: the place: amenities or features in the place: a group of 2 or more people is causing, or may reasonably be expected to cause, noise that— is created, or is likely to be created, by any means in or on a vehicle that it includes— is at or near the place; and (a) having regard to all the circumstances, is excessive. Power to close accessible area or part of accessible area to traffic (2) The constable may, for a motorway within period that is reasonably necessary in the meaning circumstances, close to traffic— the place (if the place is an accessible area); or part of section 2 the place (if that part of the Transit New Zealand place is an accessible area); or any accessible area, or part of any accessible area,— leading to or from the place; or in the vicinity of the place. (3) When closing an accessible area or part of an accessible area to traffic under subsection (2), the constable may specify a type or types of traffic to which the accessible area, or that part of the accessible area, is closed. Definitions (4) In this section,— antisocial road use offence means either of the following offences against the Land Transport Act 1989; and 1998: (b) an offence against section 36A(1)(a) (operates a private motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road within in contravention of section 22A(1)): an offence against section 36A(1)(c) (without reasonable excuse, operates a motor vehicle on a road in a manner that causes the meaning vehicle to undergo sustained loss of traction in contravention of section 315(1) 22A(3)) traffic means all traffic (including pedestrian traffic). 35A Direction to leave, or not to enter, closed accessible area If an accessible area or part of an accessible area is closed to traffic under section 35(2), a constable may direct a person to leave, or not to enter, the Local Government Act 1974; and accessible area or that part of the accessible area. (c) 35B Stopping vehicles for purpose of giving direction to leave, or not to enter, closed accessible area If an accessible area or part of an accessible area is closed to traffic under section 35(2), a private way within constable may stop a vehicle for the meaning purpose of giving a direction under section 315(1) 35A to any person in or on the vehicle. 35C Moving and detaining person who fails to comply with direction under section 35A (1) A constable who has good cause to suspect that a person has, without reasonable excuse, failed to comply with a direction under section 35A, may do either or both of the Local Government Act 1974 following things: temporarily means move the person to any place outside the accessible area or the part of the accessible area to which the direction relates: detain the person at any place outside the accessible area or the part of the accessible area to which the direction relates for a period the purpose of preventing them from re-entering that accessible area or that part of the accessible area. (2) A constable may use reasonable force, if necessary, to move or detain a person under this section. (3) A constable must not detain a person under this section for longer than is reasonably necessary in the circumstances circumstances. traffic means all or (4) In this section, place includes any specified type of traffic (including pedestrian traffic). Compare: 1974 No 66 s 342A land, building, premises, or vehicle.

35BA Requiring provision of biographical details for purpose of issuing infringement notice for infringement offence (1) The purpose of this section is to enable the Police to obtain biographical details from a specified person for the purpose of issuing an infringement notice to the specified person under section 46C in respect of an infringement offence. (2) For the purpose of this section, a constable may require a specified person to provide the specified person’s biographical details. (3) In this section and sections 35C and 54A, biographical details, in relation to a person, means the person’s— name; and address; and date of birth; and electronic address (if any). (4) In this section, specified person means a person who is not a person from whom a constable may take identifying particulars under section 32 or 33.

46A Infringement offence to fail to comply with direction to leave, or not to enter, closed accessible area A person who, without reasonable excuse, fails to comply with a direction under section 35A commits an infringement offence and is liable to— an infringement fee of $1,000; or a fine imposed by a court not exceeding $3,000. 46B Proceedings for infringement offences (1) A person who is alleged to have committed an infringement offence may— be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or be issued with an infringement notice under section 46C. (2) Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957. (3) See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued. 46C When infringement notice may be issued A constable may issue an infringement notice to a person if the constable believes on reasonable grounds that the person is committing, or has committed, an infringement offence. 46D Revocation of infringement notice before payment made (1) The Commissioner may revoke an infringement notice before— the infringement fee is paid; or an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957. (2) The Commissioner must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice. (3) The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 46B(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter. 46E What infringement notice must contain An infringement notice must be in the form prescribed in the regulations and must contain the following particulars: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence: the amount of the infringement fee: the address of the Police: how the infringement fee may be paid: the time within which the infringement fee must be paid: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957: a statement that the person served with the notice has a right to request a hearing: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing: any other matters prescribed in the regulations. 46F How infringement notice may be served (1) An infringement notice may be served on the person who the constable believes is committing or has committed the infringement offence by— delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or leaving it for the person at the person’s place of business or work with another person; or sending it to the person by prepaid post addressed to the person’s last known— place of residence; or place of business or work; or postal address; or sending it to— an electronic address that the person has given to a constable; or if the person has not given an electronic address to a constable, the person’s last known electronic address. (2) Unless the contrary is shown,— an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the Police. 46G Reminder notices (1) A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice. (2) Despite section 24(1)(e) of the Summary Proceedings Act 1957, a reminder notice may be served on a person for the purposes of section 21(2) of that Act by sending it to the person by prepaid post addressed to the person’s last known postal address, or by serving it in accordance with section 46F(1)(e) of this Act,— in addition to the other modes of service set out in section 24(1) of the Summary Proceedings Act 1957; and without otherwise limiting or affecting the operation of section 24 of the Summary Proceedings Act 1957.

54 Failing to stop when required by constable exercising power under section 35B (1) A person commits an offence if they— fail to stop as soon as practicable when required to do so by a constable exercising the power under section 35B; and know, or ought reasonably to know, that the person exercising the power is a constable. (2) A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000.

54A Failing to provide biographical details to constable exercising power under section 35BA(2) (1) A person commits an offence if they fail, without reasonable excuse, to provide their biographical details when required to do so by a constable exercising the power under section 35BA(2). (2) A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000.