Modern Australian
The Times

NZ police need better training in privacy and human rights law – here is what should happen

  • Written by Claire Breen, Professor of Law, University of Waikato
NZ police need better training in privacy and human rights law – here is what should happen

The New Zealand Police were recently found to have been routinely and illegally photographing young people and adults in public. Many might have expected this to see an end to the practice – but apparently not.

Despite the findings of the joint inquiry by the Independent Police Conduct Authority (IPCA) and Office of the Privacy Commission (OPC), police have not been directed to stop photographing adults. And Police Commissioner Andrew Coster has said the police “don’t necessarily accept entirely the implications of the report we received.”

At the heart of this issue, and more recent questions about the use of traffic surveillance cameras and facial recognition technology, is how the right to privacy is administered. Privacy is a fundamental but not an absolute right. The state – of which the police are a powerful arm – is allowed to collect information on people within its borders.

However there are rules governing the collection of information, with protecting privacy a key requirement. The IPCA-OPC report revealed that the police did not follow relevant privacy rules.

Police resistance

Firstly, police photographed rangatahi (young people) without a lawful purpose. Police did not explain why the photography was necessary or seek proper consent from the rangatahi or their whānau (family). These were not isolated incidents.

Secondly, this demonstrated that the police don’t fully understand New Zealand’s privacy principles.

The joint inquiry recommended significant revising and enhancing of police policy, procedures and training to conform with the provisions of the Privacy Act. But this was rejected by the Police Association on the grounds that it went too far and would hamper effective policing.

That view was in turn rejected by the Deputy Privacy Commissioner. But despite the Privacy Commissioner issuing a compliance notice nine months ago, the police continue to photograph adults in public.

Trust-based policing

Police failure to follow established rules – in privacy law or otherwise – has wider implications. Effective policing relies on a wide measure of public support and confidence. Trust is a key element of this.

In the past, trust in the police has been damaged by mistakes and poor management, including the politicisation of their role. As the 2007 Commission of Inquiry into Police Conduct recorded, there have also been instances of disgraceful conduct by police officers and associates involving the exploitation of vulnerable people.

Various attempts to rebuild trust have been made through provisions within the Policing Act, an Independent Police Complaints Authority, public commitments to Māori and formal apologies for wrongful actions that caused hurt and loss to innocent people.

Read more: Avoiding a surveillance society: how better rules can rein in facial recognition tech

However, levels of trust vary by community, despite police claims (citing independent surveys) that public trust is high. And the findings of the recent joint inquiry are another example of Māori being targeted by and disproportionately represented in police actions.

The report’s findings can be seen as further evidence of institutionalised racism within New Zealand’s justice system, for which the police are gatekeepers. For young people, the consequences of such breaches, and the resulting distrust of police, can last their entire lives and have intergenerational effects.

Updating the law

It is clear police education, training and legislation must change.

Currently, the principles of the Policing Act require police to do their work in a manner that respects human rights, including the right to be free from discrimination.

These principles should be amended to ensure that policing also accords with Te Tiriti o Waitangi, the New Zealand Bill of Rights Act, the Privacy Act and the United Nations Declaration on the Rights of Indigenous Peoples.

Read more: New Zealand needs a new gang strategy – political consensus would be a good start

Given the joint inquiry stems originally from complaints about the photographing of rangatahi, the policing principles should also accord with the United Nations Convention on the Rights of the Child, prioritising the child’s best interests, their right to be free from discrimination, and their right to be heard.

Determining their best interests must then involve kaumātua (elders) and their communities in culturally appropriate ways. We must remember that what is in the best interests of tamariki and rangatahi Māori is multifaceted: they are tangata whenua (people of the land), they are te rito o te harakeke.

Respecting the law

The Oranga Tamariki Act 1989 incorporates internationally recognised rights and principles concerning young people and children in domestic law. It also incorporates and supplements the longstanding tikanga notion of “mana tamaiti”, defined in the law as:

the intrinsic value and inherent dignity derived from a child’s or young person’s whakapapa (genealogy) and their belonging to a whānau, hapū, iwi, or family group, in accordance with tikanga Māori.

Read more: Laws governing police use of DNA are changing: are the proposals fair for all New Zealanders?

Police taking unlawful photographs of rangatahi seems out of step with such a definition, as well as the act’s general principles and its principles concerning youth justice.

The protection of all communities and the prevention of crime are central goals of policing. But the police themselves must follow the rules and be accountable if they are to build the trust, support and confidence of the communities they serve.

Updating the Policing Act to better protect privacy will support necessary changes to police education and training, and meaningfully reflect the needs and aspirations of those at the flax roots of the community.

Authors: Claire Breen, Professor of Law, University of Waikato

Read more https://theconversation.com/nz-police-need-better-training-in-privacy-and-human-rights-law-here-is-what-should-happen-190346

Why Retail CX Breaks During Peak Sales Events and How to Prevent It

Retail customer experience has become one of the most important drivers of revenue growth, especially during high-intensity sales periods. However, ev...

15 South Indian Dishes Everyone Should Try

If your only experience of "Indian food" is butter chicken and garlic naan, South Indian cuisine is going to feel like discovering an entirely new c...

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...

Organisational Experts Share Their Tips for Achieving a Clutter-Free Kitchen

They say the kitchen is the heart of a house which means a clutter-free kitchen not only makes your home in general look nicer, it also makes cookin...

10 Creative Ways AI Image Extenders Are Transforming Digital Content Creation in 2026

Introduction Artificial intelligence continues to reshape the digital landscape, and one of the most exciting innovations in 2026 is the rise of AI i...

What to Do When You're Arrested in Victoria

Most people have thought about this in the abstract. A knock at the door, a hand on the shoulder, a car pulled over on the Hume. In the abstract, th...

Common Financial Disputes During Separation

Separation hits on many levels, not just emotionally. When a partnership ends, untangling the financial side — assets, debts, and everything built t...

Why Posting More Content is Killing Your Brand

More content. More often. More platforms.Most brands have been running this playbook for three years. Most brands have nothing to show for it.Not be...

Garden Clean-Up vs. Regular Maintenance: Which Do You Really Need?

Most people ring a gardener and ask for a "tidy up." What they mean by that, and what the garden actually needs, are often two completely different ...

Solar Panel Maintenance Tips for Melbourne Homes

Three years in and the panels are still on the roof. The inverter is still blinking. The electricity bills are still lower than they used to be, rou...

Cost Effective Kitchen Renovations – From the Ground Up

Even in times of uncertainty, it seems renovations continue to be on the to-do list for many Australian property owners. As a result, demand on materi...

Why Bathroom Product Selection Matters More Than Most Homeowners Realise

Most homeowners think wrong when it comes to a bathroom renovation. They think hard about the layout. Spend hours choosing tiles. Agonise over pain...

How An Asbestos Removalist Ensures Safe And Compliant Property Environments in Melbourne

Maintaining a safe environment within residential and commercial properties requires careful management of hazardous materials, which is why engaging ...

Why Protein Bars Are A Convenient Option For Daily Nutrition And Energy

Maintaining balanced nutrition throughout the day can be challenging, especially for individuals with busy schedules, which is why protein bars hav...

Property Settlements After Separation: Key Considerations

Dividing assets after a separation is one of the more complex and emotionally charged aspects of the process. Understanding how property settlements...

Why Dust Control Matters During Bathroom Demolition

People usually expect bathroom demolition to be noisy.  No one thinks of dust — but it turns up everywhere. Inside cupboards. On couches. Along...

Why Roller Shutters And Outdoor Blinds Are Popular For Modern Properties

Many homeowners and businesses now install roller shutters to improve security, privacy, insulation, and weather protection across residential and ...