IR-01-23-7149
5 April 2023
Hannah Baxter
[email address]
Dear Hannah
Thank you for your Official Information Act 1982 request of 8 March 2023, in which you
asked:
Can an off-duty officer, who is also the complainant in an al eged offence, access
NIA to confirm the vehicle registration number and identity of the person they
allege they saw committing said alleged offence?
It is my understanding that according to the CoC this is serious misconduct and is
unlawful y accessing NIA.
Without knowing the specifics of what may have occurred, it is difficult to provide you with
a precise response. I can advise you that off-duty constables frequently come across
offending and situations where it may be necessary to intervene. The powers and
responsibilities of constables apply 24 hours a day, and nothing prevents an off-duty
constable from taking lawful, appropriate, and justified action in situations where they
believe intervention or assistance is necessary in the circumstances.
That said, it is preferable, if a constable does need to intervene when off-duty, that they
seek the assistance of on-duty staff as soon as possible, thus minimising the potential of
any conflict of interest.
Police encourages its employees to be alert to potential conflicts of interest and to avoid
conflicts if possible. In some situations, it may be necessary to act immediately, for
example to protect life or property. In those situations, Police employees must discharge
their duties first, and declare any conflict of interest as soon as possible afterwards. In
most situations, a potential conflict of interest can be easily managed. In some situations,
such as working in smal er or isolated communities, this may be more challenging.
I can confirm that the Police Code of Conduct records “using any Police databases for
any unauthorised or personal purpose” as an example of misconduct.
With that said, in the absence of any specifics of what may have occurred, it is difficult to
judge if an off-duty officer accessing NIA to confirm the vehicle registration number and
identity of the suspect was an appropriate use of NIA or not. If this did occur, an
examination of the circumstances would be required to determine if such a use of NIA
was justified or not.
If there is a situation that you would like to advise Police about, you may do so by calling
105, or by visiting the complaints portal of the NZ Police website at
https://www.police.govt.nz/contact-us/give-feedback-about-police. Alternatively, you can
contact the Independent Police Conduct Authority (IPCA) at
https://www.ipca.govt.nz/
Yours sincerely
Superintendent Jason Guthrie
Director: Integrity and Conduct
Police National Headquarters
