Recently introduced legislation responds to impact of Tamiefuna v R ruling
Mark Mitchell, police minister, announced that the recently introduced Policing Amendment Bill clarifies that police can collect and use certain information in public places and some private places for lawful policing purposes and functions, including intelligence gathering and crime prevention.
In a news release from the government, Mitchell explained that the proposed legislation seeks to reaffirm the common law position prior to Tamiefuna v R [2025] NZSC 40.
Amending the Policing Act 2008, the bill will:
“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,” Mitchell said. “They will be useful tools to help Police respond to incidents like street racing and dirt bike riding in public parks.”
According to the government’s news release, the changes aim to build on existing powers progressed via the Antisocial Road Use Legislation Amendment Bill, spearheaded by Minister Chris Bishop, by equipping police with additional tools for managing non-compliance through temporary closures.
Specifically, officers can:
“These changes will enable that and strengthen Police's ability to detect and prevent crime, and hold offenders accountable for their offending,” Mitchell said in the government’s news release. “Ultimately it will help Police keep Kiwis safe.”
According to the bill’s general policy statement, the temporary closure powers encompass all traffic, including pedestrians and bystanders. However, the proposed legislation limits the powers to the specified circumstances already existing in the Policing Act 2008 and to situations where the antisocial road use activity is occurring or is reasonably expected to occur.
According to the government’s news release, the Tamiefuna decision hampered the ability of police to record images and sounds in public places and collect intelligence and personal information for lawful purposes.
Per the bill’s general policy statement, the findings of the Independent Police Conduct Authority and the privacy commissioner’s joint inquiry into police conduct when photographing members of the public also served to narrow the law.
Mitchell noted that the constraints arising from the court ruling resulted in uncertainty and made collecting evidence and prosecuting criminals much more difficult.
