IR-01-22-29346
27 October 2022
Mason Helm
[FYI request #20598 email]
Dear Mason
Request for Information
Thank you for your Official Information Act 1982 (OIA) request dated 22 September 2022,
in which you asked for information regarding Police’s use of Automatic Number Plate
Recognition (ANPR) and its regulations.
My response to each of these questions can be found below.
In relation to page 10 of the ANPR Police manual, available here:
https://www.police.govt.nz/sites/default/files/publications/automatic-number-plate-
recognition-210922.pdf.
1. When were the regulations surrounding “approved use of Third Party ANPR for
active detection capabilities” put in place?
If by “regulations”, you mean the
guidance issued to Police staff in the form of the Police
Manual, as can be seen from the footer, the Police Manual section headed “Approved
use of third party ANPR for active detection capability” was put into place on 21
September 2022.
Guidance on the use of the active detection capability of third party ANPR systems have
developed over time. Practical guidance on the use of the tracking platforms was
developed as each of the capabilities have been introduced to Police. The recently
revised and published version of the ANPR Police Manual section brings these
documents and capabilities held in different parts of Police’s information holdings, into
one place as well as further developing and clarifying the use of active detection.
If by “regulations”, you mean the
legislation/rules that surround the use of active detection
capabilities,
as indicated within the ANPR section of the Police Manual, other
rules
(external to Police) that apply to the use of ANPR include:
•
The Privacy Act 2020 (and before that, the Privacy Act 1993) which contains
Information Privacy Principles that have exceptions permitting certain activities in
situations such as where necessary to:
a. prevent or lessen a serious threat to the life or health of a person or to
the public health or public safety; and
b. avoid prejudice to the maintenance of the law.
•
The Search and Surveil ance Act 2012, for example if ANPR is to be used as a
“tracking device” (see sections 3, 46, and 48). Information on the law before the
Search and Surveil ance Act is publicly available on the Law Commission’s
website (see information below about a particular report).
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. 04 498 7400. www.police.govt.nz
2. When did the Police first acknowledge the need for a tracking warrant and when
did the first communications, reports, or any information identify such?
As the Manual explains, the Search and Surveil ance Act 2012 provisions with regard to
use of tracking devices are relevant. Police are required to comply with the law, there is
no need to acknowledge it as such.
Prior to the Search and Surveil ance Act, the Law Commission report R97
Search and
Surveil ance Powers, 29 June 2007 (which can be viewed on the New Zealand Law
Commission’s website) contains a useful summary of previously applicable law – see for
example pages 25, and paragraphs 11.22 to 11.24. As there has been no
acknowledgement, there are no communications, reports, or information relating to it and
your request is refused under section 18(e) of the OIA.
You have the right to ask the Ombudsman to review my decision if you are not satisfied
with the response to your request. Information about how to make a complaint is available
at: www.ombudsman.parliament.nz.
Yours sincerely
Carla Gilmore
Manager Emergent Technology
