IR-01-22-25995
12 October 2022
Tangata Whenua
[FYI request #20374 email]
Tēnā koe Tangata Whenua
Request for information
Thank you for your Official Information Act 1982 (OIA) request dated 29 August 2022.
You wrote:
(1) What are the lawful exemptions for an officer who refuses to identify
himself/herself?
(2) When a member of the public instructs an officer to identify themselves before
answering the officer's questions and the officer identifies a NUMBER instead, is
that FRAUD or NEGLIGENCE?
A member of New Zealand Police is identifiable by their unique identifier, known as QID.
A QID contains a mixture of letters and numbers that is associated with that individual.
For uniformed members, this is displayed on their epaulettes.
The New Zealand Police Manual comprises all instructions and guidance in chapters for
administrative and operational aspects of policing, including nationally consistent
standard operating principles, practices, policies, and procedures (referred to broadly as
‘policy’).
The chapter that is relevant to your request is Uniform, Dress Standards, and
Appearance1. This chapter is published on the Police website and footnoted in this letter.
Page 46 of the chapter is specifically about identification.
Some Acts set out when and how Police need to identify themselves context-specific
situations. I recommend that you contact your local Citizens Advice Bureau or Community
Law Centre (most offer free legal advice sessions) to discuss the particular circumstances
1
https://www.police.govt.nz/about-us/publication/uniform-dress-standards-and-
appearance-police-manual-chapter
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
that you are concerned with and to get advice about the applicable law. Two examples
are:
• Section 113(1) and (2) of the Land Transport Act 1998 provide that an
enforcement officer in uniform or in possession of a warrant or other evidence of
their authority as an enforcement officer may enforce the provisions of the Land
Transport Act and in doing so, may at any time direct a person on a road
(whether or not in charge of a vehicle) to give the person’s ful name, full address,
date of birth, occupation, and telephone number, or such particulars as the
enforcement officer may specify, and give any other particulars required as to the
person’s identity.
• Section 121 of the Search and Surveillance Act 2012 (which contains a power to
stop vehicles with or without a warrant for the purposes of search), provides that
a person who exercises a power under that section must, on the request of a
person affected by the exercise of the power (among other things):
a.
Identify themselves either by name or by unique identifier; and
b.
If not in Police uniform, produce evidence of his or her identity.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Superintendent Dave Greig
Director Capability
