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Home / New Zealand

Police Minister Chris Hipkins suggests law change needed after IPCA/Privacy Commissioner inquiry

Adam Pearse
By Adam Pearse
Deputy Political Editor·NZ Herald·
12 Oct, 2022 01:57 AM4 mins to read

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latest incident appeared to be a "training exercise" where an adult parent guided the young offenders through the crime showing them how to smash their way in and what to grab. Video / Supplied

Police Minister Chris Hipkins is suggesting legislative change could be necessary to combat "unhelpful" restrictions on police work that spawned from a recent IPCA/Privacy Commissioner inquiry into illegal police practices.

Hipkins is still waiting for policy advice on the matter but is confident the joint inquiry's findings must be challenged, given the restrictions on police work they have led to - particularly concerning apprehending youth offenders.

"Some of the intelligence gathering that has happened as of normal in the past won't be possible anymore if we leave the IPCA and Privacy Commissioner finding unchallenged, so one way or the other change is likely to be required in that area," Hipkins said, speaking to media at the NZ Police Association annual conference in Wellington today.

"I wouldn't take off the table the potential for Parliament to take further action to support the police to do their job."

Police Minister Chris Hipkins is suggesting legislative change is required to boost police powers. Photo / Mark Mitchell
Police Minister Chris Hipkins is suggesting legislative change is required to boost police powers. Photo / Mark Mitchell
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The Independent Police Conduct Authority (IPCA) and the Office of the Privacy Commissioner launched their investigation after reporting by RNZ in 2020 found police in Wairarapa were unlawfully photographing young Māori.

Read the full report here

The report found police had developed a "widespread" and "systemic" unlawful practice of taking duplicate sets of "voluntary" fingerprints and photographs from youths in custody for suspected offending and keeping them for longer than legally allowed.

At some point following reporting of the incidents in Wairarapa, it was understood police were no longer able to use voluntary fingerprints they had on file to inform their response to previously offending youths.

While youth crime nationally was trending down, there had been an uptick in areas including Auckland and Waikato, with prevalence of ram raids and smash-and-grab burglaries and robberies increasing.

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Police Association president Chris Cahill told the Herald in September feedback from officers indicated there were "hundreds" of youth who weren't being held accountable because formerly taken fingerprints were not available.

Speaking today, Cahill repeated the claim that "hundreds of crimes" were going unsolved as a result.

Police Association president Chris Cahill. Photo / Mark Mitchell
Police Association president Chris Cahill. Photo / Mark Mitchell

Hipkins, while he wasn't aware of the current impact, acknowledged its potential limitations.

"That could have a really concerning effect because it would lead to a greater sense of impunity amongst some of those young people."

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In his speech to association members, Hipkins said photography and voluntary fingerprinting were essential police tools.

"I think ruling [voluntary fingerprinting] out would be short-sighted and I think that photography as an intelligence gathering tool is an essential part of police work in the modern environment and clearly the report is unhelpful in both of those respects."

In September, Police Commissioner Andrew Coster accepted the police could improve, as highlighted by the joint inquiry, but was concerned about the report's implications on police work.

He said legal advice would be sought before further action was decided.

Youth crime, including ram raids and smash and grab robberies and burglaries, have increased in areas including Auckland and Waikato. Photo / Supplied
Youth crime, including ram raids and smash and grab robberies and burglaries, have increased in areas including Auckland and Waikato. Photo / Supplied

Opposition parties had criticised Hipkins and the Government on the lack of support given to businesses hit by such crime.

The Act Party in particular had been vocal about the poor rollout of the $6 million Small Retailer Crime Prevention Fund, which was aimed to supply bespoke protection for 500 businesses to prevent ram raids.

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After saying work would ramp up in September, Hipkins confirmed just 40 businesses had been through the assessment phase to determine what security measures they required - the same number reported two weeks ago.

Several hundred businesses had been through a "paper-based" assessment, Hipkins said.

"Of course I'm not happy [with the progress], I'd like things to continue to move faster but I am satisfied that police are picking up the pace."

Hipkins, who was attending his first association annual conference as minister, was questioned on his position regarding whether police should be armed at all times.

Police Minister Chris Hipkins appeared interested in non-lethal options as an alternative to general arming. Photo / Mark Mitchell
Police Minister Chris Hipkins appeared interested in non-lethal options as an alternative to general arming. Photo / Mark Mitchell

While he was traditionally hesitant to give his view as it was a matter for police to decide, Hipkins acknowledged there was a "time and a place" for guns.

He appeared interested in the possibility of new technology acting as a compromise that might keep police safe when confronted by firearms.

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"If [officers] had an option which was available to them that was non-lethal but a lot more effective than what they've got available to them at the moment, I think that would be many of the frontline's preference as well."

The topic was set to be debated at the conference, Cahill said, with members voting on whether to support making sponge bullets available to every sergeant, which would act as a "less than lethal" option.

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