OIA0864
Scott
[FYI request #20876 email]
Dear Scott
Thank you for your Official Information Act 1982 (OIA) request of 17 October 2022 in which you
sought:
copies of al  aides-mémoire, memoranda, briefings, and reports held by the minister in his role
as Minister for Police on the topics of the joint IPCA/OPC investigation into Police
photographing members of the public; Police’s internal review of matters raised by the
investigation; and Police’s responses to the investigation and the review.
In February 2021, my predecessor received one briefing that provided a national overview of Police’s
approach to the photographing of children and young people. A copy of this has been attached. Some
information has been withheld under 9(2)(a) of the OIA, to protect the privacy of natural persons.
It is important to note that this document was written before the announcement of the joint inquiry.
Police has accepted the findings of the joint inquiry and acknowledged the joint inquiry’s broader
findings into practices and policies regarding taking photographs of members of the public.
I have received one briefing document in relation to this matter. I am withholding this document
pursuant to section 9(2)(f)(iv) of the OIA, to maintain the constitutional conventions for the time being
which protect— the confidentiality of advice tendered by Ministers of the Crown and officials.
However, I note Police has accepted the findings of the joint inquiry and has acknowledged the
broader findings into practices and policies regarding taking photographs of members of the public.
Police has embarked on a training program that aims to increase awareness of the need to
appropriately manage images once they have served their investigative or prevention purpose. I am
confident this ongoing commitment to balancing investigation requirements with the public’s right to
privacy wil  remain a central concern for Police.
I trust that this information wil  be of use to you. You have the right to ask the Ombudsman to review
my decision if you are not satisfied with my response to your request.
Yours sincerely
Chris Hipkins
Minister of Police

INFORMATION REQUEST
Photographing of young people
Deadline: 2 February 2021
Date of Response: 2 February 2021
Purpose
1.  This information sheet provides you with details pertaining to an incident in the
Wairarapa, which has been subject to media reports regarding racial profiling
and the taking of photographs of young people. This also includes an overview
of the ongoing Police and IPCA investigation into this matter.
2.  It also provides you with the  national overview of Police’s approach to the
photographing of children and young people. This includes  the further work
Police is undertaking to ensure that our practices are fit-for-purpose and maintain
public trust and confidence.
Police has the ability to take photographs in limited circumstances
3.  Police has the ability to take photographs of children (aged 10-13)  or young
persons (aged 14-17) in two circumstances:
•
where there is a legal authority – if a young person is arrested under
section 214 of the Oranga Tamariki Act 1989, Police can collect identifying
particulars  (including  photographs),  under section 32 of the Policing Act
2008.
•
with the young person and their parent/s’ consent – Police may also
take a photograph if the young person and their parent and/or guardian
provide consent.
4.  Police  also  has the authority to take a young person’s fingerprints in these
circumstances.
The incident in the Wairarapa
5.  In August 2020, Police in the Wairarapa took three photographs of young people
of interest. These photographs were taken in the context of an investigation into
a recent series of thefts of motor vehicles and other unlawful takings.
6.  A subsequent review of the files of the young people concerned identified that
these photographs were not taken with either the correct legal authority or
necessary informed consent. Both hard copy and digital copies of these
photographs were subsequently destroyed.
7.  A communication was sent to all Wairarapa staff clarifying the circumstances in
which Police may lawfully take photographs of children and young people.
8.  Police is currently undertaking a Category A investigation into the behaviour and
actions of the officers involved in the Wairarapa incident, which wil  be overseen
Information Request IPR/21/07

Page 1 of 4

by the Independent Police Conduct Authority (IPCA). The investigation will
address a number of outstanding questions, including how many young people
were photographed, their ethnicities, the reason for photographing these
individuals, and whether the officers involved complied with current Police policy.
9.  While Police estimates that the investigation could be completed in a few weeks
(e.g. by approximately 1 March 2020), this timing could be subject to change as
more information may come to light during the enquiry that requires further
investigation.
10.  After the investigation,  the findings  wil  be reviewed by the IPCA and
subsequently made available to the public. For Police to meet its obligations to
the IPCA and other parties (such as staff who are being investigated and/or any
complainants), Police is unable to comment further on the investigation while it
is underway.
Police is currently developing an extensive approach to mitigating bias in police
practices
11.  The media has reported concerns that the young people were targeted and
photographed because of their ethnicity. Police has insufficient information to
comment on this, but wil  consider the accusation as part of the investigation.
Police is working hard to reduce the impact of bias on policing practice and any
findings or implications from the investigation or the policy review wil  inform the
broader work programme to reduce bias.

12.  Police acknowledges that bias is an issue we need to address on an ongoing
basis. Police is working towards significantly reducing bias in policing practices
through  enabling staff to recognise bias, understanding  how it influences
decisions and behaviours, and the importance of providing the necessary tools
to mitigate biased practices.

13.  Police wil  continue to update you on the programme of work underway in respect
to bias.
Police is reviewing the current policy and practice to ensure that staff are
enabled to make good decisions
14.  Police recognises the importance of ensuring that our policing practices are both
legally authorised and align with public expectations of the policing service that
New Zealanders expect and deserve. We recognise that incidents such as the
one  described above, have the potential to undermine public trust and
confidence in Police. Police also recognises that the vulnerability of children and
young persons  means they require special protection during any Police
investigation.
15.  At the same time, Police (National Prevention Centre) is currently undertaking a
review of the existing policy and practice of taking photographs and fingerprints
of children and young people. Although no fingerprints were taken in the case in
the Wairarapa, Police is  including the taking of fingerprints in the review for
Information Request IPR/21/07

Page 2 of 4

completeness. The terms of reference for the review are currently being finalised
but will broadly cover several aspects, including:
15.1. whether current policy  is consistent with relevant legislation and the
principles and standards outlined in the United Nations Convention on the
Rights of Children, New Zealand Bil  of Rights Act 1990, Privacy Act 2020
and the Oranga Tamariki Act 1989.
15.2. whether the current policy provides sufficient guidance to staff around what
constitutes informed consent. Police recognises the importance of
obtaining the consent of a parent and/or guardian of a child or young
person, to ensure that rights are well understood.
15.3. whether the current practices and procedures across Districts are
consistent with Police’s policy for taking photographs and fingerprints from
children and young people.
15.4. the way Police uses technology, in particular the use of mobility devices in
relation to photographs and fingerprints.
15.5. compliance with policy regarding the retention, storage, and destruction of
photographs and fingerprints.
15.6. the standard of guidance and training delivered to frontline staff.
15.7. Identification and alignment of any issues, stemming from the investigation
or review that relate to Police’s broader work on unconscious bias.
16.  The review wil  help identify current practice in other Districts, and whether this
type of incident has occurred elsewhere. All Police District Commanders have
also  been briefed about the incident and the review,  and  are aware of the
importance of ensuring good practice when photographing children and young
people, given their vulnerability.
Police is meeting with the Independent Police Conduct Authority and the Office
of the Privacy Commissioner
17.  Police is meeting with the IPCA and the Of ice of the Privacy Commissioner to
discuss the scope of the review.
18.  Police wil  also consult with the IPCA and the Office of the Privacy Commissioner
on the outcomes of the broader policy review. Both have a role in the
investigation through their statutory responsibilities.
19.  The investigation into the Wairarapa case falls outside the investigative role of
the  Office of the Children’s’ Commissioner. However,  we will consult  the
Children’s  Commissioner in the broader review of the policy and practice
nationally.

Information Request IPR/21/07

Page 3 of 4

Media lines
20.  Should your office  receive media interest in this issue, Police’s  Media &
Communications team has prepared the following media lines:
•
Police has announced that they wil  be undertaking a review of its practice
regarding the recording of photographs of young people as a tool for
investigating crime in the community.
•
Police recognise that they police with the consent of our communities and
it is critical they maintain the public’s trust and confidence.
•
Police continues its work to understand and significantly reduce  bias in
policing.
•
I expect Police to support staff to comply with all relevant legislation and
organisational policies.
Police wil  provide you with further advice following the completion of this
internal review
21.  Police will provide you with an update following the completion of this review. We
anticipate that the internal review will be completed by 1 March 2021.

Reviewed by  Jenny Cross, Manager Criminal Justice Policy,
s9(2)(a)
Policing and Partnerships

Approved by  Assistant Commissioner: Prevention and
s9(2)(a)
Road Policing, Scott Fraser


Information Request IPR/21/07

Page 4 of 4

Document Outline