IR-01-24-41423
13 January 2025
Lance Lavery
[FYI request #29282 email]
Tēnā koe Lance
Request for information
Thank you for your Official Information Act 1982 (OIA) request of 22 November 2024. You
asked for information regarding police constable identification protocols. We note that you
have requested the same of Ministry of Justice who have acknowledged your request.
Police wil answer these questions as we hold the information.
My response to each part of your request can be found below.
1.
Pursuant to the Official Information Act 1982, I request the following information
regarding police constable identification protocols:1. Are police constables in New
Zealand legally obligated to identify themselves when interacting with members
of the public? If so, please specify the applicable laws, regulations, or official
policies that mandate such identification.
Police officers are legal y required to identify themselves to members of the public when
they are performing a legal duty or task, i.e., the legal duty to identify oneself as a police
officer is dependent on the duty/task being performed at the time.
Identifying al laws, regulations, and official policy that mandate identification would
require substantial col ation or research, therefore the information requested is refused
under section 18(f) of the OIA. However, page 48 of the ‘Uniform, Dress Standards, and
Appearance’ Police Manual chapter has some information relating to identification
requirements for police officers and is publicly available here:
Uniform, dress standards
and appearance - Police Manual chapter | New Zealand Police
2.
In instances where constables are required to identify themselves, what are the
prescribed methods or forms by which identification must be provided? For
example: Verbally stating their name. Providing a QID number. Showing an
official ID card or badge. Other documented means of identification.
There are multiple occasions stated in legislation when in the execution of their duties
police officers are required to identify themselves. Generally speaking, where a legal
requirement exists for a police officer to identify themselves, they must state their name
or any unique identifier, such as their QID. A QID is a mixture of letters and numbers
associated with each individual. For uniformed officers below the rank of Inspector, this is
displayed on their epaulettes.
When police officers are not in uniform then general y speaking, the police officer must
also provide evidence of identity such as an official Police Identification card. It should be
noted that the identification requirements vary depending upon which legislation the
police officer is enforcing or duty they are executing. For an example see:
section 125 of
the Search and Surveil ance Act 2012.
3.
If a constable refuses to provide identification when requested, what lawful
recourse or remedy is available to members of the public? This may include
escalation to a superior officer. Filing a complaint through specific mechanisms.
relevant legal protections or procedures to address such refusals.
If an officer refuses to provide their name to a member of the public, the recourse or
remedy available is dependent on the duty/task being undertaken by the officer at the
time, and the circumstances of the refusal.
Should a member of the public wish to make a complaint about the behaviour of a police
officer - including a failure to provide details of identification - they can make a complaint
or discuss the matter with police at any time by contacting police either by phone, email
or attending a police station. Al complaints taken are triaged by a non - commissioned
officer and directed accordingly. That direction may involve no further action or lead to a
full investigation through internal or external processes
(Independent Police Conduct
Authority [IPCA]) depending on the circumstances of the refusal.
If the requirement to provide details of identification are prescribed by law, then a failure
to comply with those requirements may have legal recourse also prescribed by law.
For example, a police officer is able to search a person for evidential material pursuant to
section 88(2)(c) of the Search and Surveil ance Act 2012. If an officer intends to execute
this type of search along with a number of other legislative requirements relating to
section 125(1)(a) of the Search and Surveil ance Act 2012, an officer is required to
identify themselves by name and unique identifier. A failure to do so could potential y lead
to the exclusion of any evidence found as a result of the search under
section 30 of the
Evidence Act 2006.
4.
Are there any internal guidelines or training materials for police officers outlining
best practices for interacting with the public and responding to requests for
identification? If available, I would appreciate copies or summaries of such
materials.
In the police recruit training programme, recruits to New Zealand police receive
instruction about
"Our Business" and
"Our Values". Our Business is the New Zealand
police operating model. Our Business sets the expectations for how New Zealand police
staff wil conduct business and how police wil interact with our communities.
Refer to Appendix one and Appendix two relating to classroom material utilised in recruit
training and Appendix three, is the relevant section taken from the recruit resource
training book. It should be noted that the material is accurate as at the time of request
however, it is about to undergo review fol owing the accession of the new Commissioner
of Police. In addition, section 20 of
The Policing Act 2008 requires the Commissioner
prescri
be a code of conduct.
5.
How does the New Zealand Police ensure accountability in situations where
identification protocols are not followed?
New Zealand police do not have anything that could appropriately be described as
identification protocols. New Zealand police staff are guided by law, Our Business and
Our values. In line with professional practice, our business, our values, and common
courtesy, it is anticipated that if a police officer is interacting with the public, they will
provide their name, unique identifier if requested, and official identification if not wearing
uniform. There are always occasions when this isn't possible and/or appropriate, or it may
be delayed due to other more pressing duties. If a police officer is found to act contrary to
the law or to Police’s Code of Conduct they may be subject to investigation and possible
disciplinary action depending on the circumstances.
Please note that as part of its commitment to openness and transparency, Police
proactively releases some information and documents that may be of interest to the
public. An anonymised version of this response may be publicly released on the New
Zealand Police website.
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.
Nāku noa, nā
Inspector Bernadette Boyle-Tiatia
Director - Training
New Zealand Police
Appendix
Title
One
Our business PowerPoint
Two
Our business lesson plan
Three
Our business recruit book
