Police audited all breath testing that took place from July 1, 2024, using an algorithm that determined if a second test took place within 90 seconds of the first. Photo / NZME
By Sam Sherwood of RNZ
A series of documents reveal how police discovered about 130 staff “falsely or erroneously” recording more than 30,000 breath tests and the fallout that resulted.
RNZ can now reveal that the investigations began after a new mapping feature identified a police officer recorded 11 breath tests over a five-minute period over a distance of 3.5km.
There was no recorded traffic stop, checkpoint operation or call for service logged by or assigned to that officer during that period.
Police then audited all breath testing that took place from July 1, 2024, using an algorithm that determined if a second test took place within 90 seconds of the first, while the distance between the two indicated a speed of more than 20km/h.
It found more than 30,000 tests, with more than 80% of the staff under investigation belonging to dedicated road policing roles. Some of the irregular breath tests were recorded against staff who were rostered off duty, indicating the devices were used by colleagues without changing the logins.
RNZ earlier revealed about 120 staff were under investigation throughout the country after 30,000 alcohol breath tests were “falsely or erroneously recorded”.
The results were only discovered after police built a new algorithm to analyse the data, as the devices themselves could not distinguish between legitimate and illegitimate tests.
On Friday, following an Official Information Act request from RNZ, police released 150 pages of information in relation to the breath screening tests investigation.
On August 18, the director of road policing, Superintendent Steve Greally, emailed Assistant Commissioner Mike Johnson following a discussion they had about the discovery.
Greally said that since creating the algorithm police had identified “several large-scale data anomalies that have the potential to cause NZ Police the same degree of criticism”.
Greally said that while it was potentially a “very small proportion of tests”, it was “a matter of absolute integrity”.
“Therefore, it is my strong view that these more persistent offenders (as determined by the decision maker) are held to account decisively.”
The following day Johnson forwarded the email to Police Commissioner Richard Chambers and Acting Deputy Commissioner Jill Rogers.
On August 27 senior police held an “urgent” meeting to discuss the “significant data issue”.
A second meeting was held two days later.
A Breath Test Analysis document, classified as “restricted” said the National Road Policing Centre had created a new performance dashboard utilising a new data source.
While using the new mapping feature “an unusual pattern became evident”.
The analysis isolated tests by the staff’s QID – a six-digit ID assigned to each staff member that was registered to the device.
This identified 11 tests that had been recorded over a period of five minutes over 3km all by the same staffer. There was also no recorded traffic stop, checkpoint operation or call for service logged by or assigned to that officer during that period.
This led to the wider audit of tests dating back to July 1, 2024.
A summary said police could be “confident” that over 99.4% of the tests performed were valid.
“Examination of the patterns depicted by these 26,599 in-motion breath tests suggest it is almost certain that most of these tests are not legitimate, and that some staff have ‘simulated’ additional breath tests to increase their statistics.”
Where the in-motion tests were fewer than 10, it was “possible” these could be explained by user error, training or legitimate activity.
An executive summary said the activity “calls into question the integrity of the data and police actions with our partners, leading to potential long-term implications for performance reporting and funding for police”.
All the country’s police districts were identified in the data. The Waitematā, Wellington, and Canterbury districts together made up two-thirds of the total irregular tests identified.
On September 11, a staffer for Police Minister Mark Mitchell said he requested a briefing on the matter and for the briefing to be shared with the Minister of Transport.
“The minister also requests that engagement with partners is deferred until after ministers are briefed.”
The briefing, released on Friday, said a sanction model had been developed.
The model said misconduct may include logging in to another QID to obscure identity or avoid accountability or directing or pressuring another officer to perform pretend tests or misuse the device.
Serious misconduct included trust and confidence in police negatively impacted by the employee’s activity and data manipulation used for financial gain or other advantage.
“Police remains committed to maintaining the highest standards of integrity and recognises the seriousness of this issue, particularly in relation to the integrity of our partnership with NZTA.
“In addition to addressing individual conduct, police will also focus on the culture and practices that may have contributed to this behaviour.”
The briefing said police would engage with sector partners following the briefing.
On September 25, more than a month after the tests were identified, NZTA’s group general manager, Richard Forgan, wrote to Johnson and said they were notified of the matter on September 22.
Forgan said that given NZTA’s role as investor and providing monitoring and assurance in relation to the Road Policing Investment Programme (RPIP) the integrity and accuracy of the delivery against the measures was “paramount”.
Forgan instructed the Road Policing Investment team in NZTA to look further into the data integrity issue with “urgency” and requested a series of information from police.
Forgan also took issue with the length of time it took NZTA to be notified.
“In addition to the issue regarding the data irregularity, the memorandum of understanding between us clearly states a ‘no surprises’ expectation.
“The fact this issue was first discovered in late August, the Minister of Police was briefed on September 12 and NZTA only informed via the Minister of Transport’s office on September 22 is a clear breach of this expectation. I reinforce NZTA’s expectation that we are to be advised of such matters early.”
Included in police’s response to NZTA’s request for information they said they had identified some instances where irregular breath tests were recorded against QIDs belonging to officers who were rostered off duty at the time.
This suggested some devices were used by others without changing the QID.
Also included in the documents is a communications plan dated September 30.
Included in the plan is the strategy in terms of audiences including internally with a recommendation to send an internal memo to staff with an overview of what happened and articulating expectations to staff.
The plan said “given the high likelihood” of internal comms being sent to media, it was preferred to manage external communications through “proactive media”.
“The recommended approach would be to have a proactive reactive statement.”
Johnson would be the primary spokesperson, however “if the issue becomes elevated and uncontrolled in the media” consideration should be given to the appropriate Deputy Commissioner or the Commissioner to front.
The plan identified several risks including the issue leaking prior to internal or external comms, internal comms leaking prior to external comms, and the minister/Prime Minister “unhappy with behaviour”.
On October 9, Greally emailed the country’s road policing managers following a hui he had been unable to attend.
He said he understood the managers were waiting for the NRPC to inform them as to what communications they needed to send.
Greally said the main message was simple: “The practice of simulating breath tests must stop immediately.”
About 4000 further tests were discovered after the algorithm looked at tests between August 17 and September 30.
On October 31, RNZ revealed that 120 staff were under investigation.
That same day the Road Safety Executives Group met to discuss the breath testing data.
The agenda item said the distribution of irregular tests over the 2024-25 year showed a sharp rise from July to October, followed by a gradual decline through to June, indicating a “concentrated period of higher activity in the first half of the reporting year before tapering off”.
“Approximately 82% of the QIDs referred for further investigations belong to staff who were in dedicated road policing roles when the irregular testing was recorded.
“The remaining 18% were QIDs belonging to staff who were in non-dedicated roles.”
Johnson told RNZ last week police had progressed disciplinary processes for 130 staff members.
“Outcomes of the process vary between a finding of misconduct or serious misconduct depending on the particular circumstances.
“A case is more likely to be serious misconduct where the misconduct was repeated a number of times, or the officer involved was of more senior rank.”
Johnson said no employees have been stood down for this matter alone.
“There has been a small number of employees stood down for additional misconduct issues.”
RNZ asked police if they could be more specific about the number of staff stood down, what sort of additional misconduct was involved and what rationale staff had given for their behaviour.
Police replied: “We will not be supplying these further details as we do not want to risk identifying individuals who are engaged in an active employment process.”
In relation to what was happening to the staff who committed serious misconduct, Johnson said that was an employment matter and would most likely be a “formal warning of varying lengths, starting from six months”.
Johnson said none of the cases were considered to be criminal.
Johnson said a third had already been “addressed and closed”. Those cases were managed as “misconduct/employment conversation” with a mix of outcomes, he said.
The remainder were ongoing.
“In most cases, the officers have accepted the warning and have acknowledged their behaviour as unacceptable.
“For all employees clear expectations from the organisation have been set through organization-wide messaging and updated refresher training specifically on this topic.”
Following RNZ’s coverage, every police officer across the country was ordered to do an online training module for alcohol breath testing.
Johnson said more than 70% of staff had completed their “refresher training”.
The Defence Lawyers Association earlier said the revelations called into question the integrity of their current and past work, including prosecutions they had been involved in.
Te Matakahi Defence Lawyers Association New Zealand co-chairwoman Elizabeth Hall said there needed to be a criminal investigation launched following the “unprecedented” revelations and support a “full, independent audit” of historical data.
- RNZ