request is refused pursuant to s.18(e) OIA because the information requested does not
exist.
3.
All information recording Police decisions on how to proceed regarding the
recommendations made by the IPCA in its report.
Please find attached email correspondence relating to the IPCA report (pages 9-17).
Some information has been withheld pursuant to s.9(2)(a) OIA to protect privacy and
18(c)(i) OIA relating to correspondence with the IPCA.
4.
All communications from the Police about the report, or how to proceed following the
publication of the report, to (a) the Minister of Police, (b) the Associate Minister of
Police, (c) Ministry of Justice, (d) the Minister of Justice, (e) the Department of
Internal Affairs, and (f) the NZ Security Intelligence Service.
Please find attached email correspondence between Police, Ministry of Justice, and the
Department of Internal Affairs (pages 18-26). Some information has been withheld
pursuant to sections 18(c)(i), 9(2)(a), 9(2)(g)(i), and 9(2)(f)(iv) of the OIA, where
withholding of the information is necessary to maintain the constitutional conventions for
the time being which protect the confidentiality of advice tendered by Ministers of the
Crown and officials.
Police considers the interests requiring protection by withholding the information are not
outweighed by any public interest in release of the information.
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
Detective Superintendent Kylie Schaare
Director: Integrity and Conduct
New Zealand Police
is also completing their usual investigations to respond to the individual
complaints.
6.
This Review therefore builds on, but is broader in scope than, the IPCA's 2023
Parliamentary Protest Review, which reported on the IPCA's investigation into
the 2022 occupation at Parliament.
Police has been working closely with the IPCA throughout the Review
7.
Police's Policy Group worked closely with the IPCA on the Review last year,
including attending internal and external interviews and engaging in
collaborative discussions around the findings and recommendations.
8.
The IPCA has had ongoing consultation within Police through meetings with a
number of workgroups in Districts, including frontline staff, and in Police
National Headquarters. The IPCA has interviewed a range of interested parties,
including the Ministry of Justice (Justice), the Department of Internal Affairs
(DIA), local councils, and human rights experts from New Zealand and
overseas. They have also drawn insights from other policing jurisdictions and
have spoken to police officers from Australia, Ireland, and the United Kingdom.
9.
On 25 November 2024, the IPCA provided Police a copy of the draft Review for
feedback ahead of its planned publication on the week of 10 February 2025. In
early December, the IPCA and Police staff from Public Order Policing, the
Police Support Unit, Ops and Support, Professional Conduct, Policy, and Legal
met to discuss the draft Review. Assistant Commissioner Venables was also in
attendance.
10.
Outlined below is a summary of the Review's draft findings and
recommendations. We do not anticipate there will be any significant
amendments to the Review ahead of finalisation but will advise you if there are.
We understand that you will receive independent briefings from the IPCA on
the outcomes of the individual complaints as per the usual IPCA statutory
process.
Draft Review findings and recommendations
1. The Government should introduce new, standalone legislation, as New
Zealand lacks overarching legislative guidance on the policing of protests
11.
The key finding of the Review is that New Zealand's regulatory framework for
the management and policing of protests is not fit-for-purpose.
12.
The Review finds that while NZBORA contains the right to protest, New Zealand
lacks overarching legislative guidance on what those rights should look like in
practice and what constitutes a reasonable limitation on those rights when
balanced against others, such as public safety.
13.
Unlike other comparable jurisdictions such as Australia, the United Kingdom
and Canada, which have specific protest or public order legislation, New
Zealand is reliant on case law, academic discourse and international human
rights frameworks.
2
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4. Non-legislative improvements to Police policies, processes and training
32.
The Review states that legislative change alone is not sufficient to address the
issues identified. Police also needs to have the right policies and procedures in
place, and officers must have the right training and skills, to give effect to them.
The Review recommends the same is required for councils and council staff.
33.
The Review acknowledges and applauds the significant work Police has
completed to date to respond to the recommendations made by the IPCA in
their 2022 Parliamentary Protest Review. This work includes the establishment
of both the National Public Order Capability (NPOC) and the public order
policing function in the Operations and Capability Group.
34.
Police is already undertaking work to improve training. This work is separate,
but complementary to, work being carried out by the Wellington District's Legal
Adviser, to develop stronger training for staff involved in policing of protests,
which arose following Operation Convoy.
35.
However, the Review identifies three gaps that need to be addressed:
•
enhanced guidance on the balancing of rights
•
inconsistencies in the nature and extent of risk assessments
•
an insufficient understanding of, and training about, crowd dynamics.
36.
The Review makes a series of recommendations to address these gaps
including to:
•
expand NPOC training to all frontline staff in command roles who may
be called to respond to protests
•
incorporate training on the management of protests and counter-protests
into command and control training in Districts
•
provide standardised policing or protest training to front-line staff, rather
than limit it to specialists in public order policing as is reflected in current
practice
•
develop national guidelines (based on risk assessment) on when Police
ought to deploy.
37.
s. 18(c)(i)
. Any further changes to Police policies, processes
and training will have resource implications for Police, and further work is
6
needed to determine how Police progresses these recommendations once
finalised.
Ministerial support will be needed to progress and prioritise the legislative
recommendations
Justice would lead the legislative work
38.
Justice would lead the development of a new Act. s. 9(2)(g)(i)
39.
s.9(2)(g)(i)
Progressing work requires consideration of priorities
40.
As noted above, internal stakeholders have expressed support for the
introduction of standalone legislation. We recommend that the briefing to the
Minister note that Police supports the legislative recommendations of the
Review. s.9(2)(g) OIA
41.
We therefore propose that the briefing also recommends the Minister meets
with the Minister of Justice to discuss the legislative recommendations, noting
that progress this Parliamentary term will require the Minister of Justice's
prioritisation.
42.
Given the work would provide the settings for policing activity related to protests
and assemblies, Police would expect to work closely with Justice in the
development and introduction of a new Act.
43.
On request, we can provide an item on this to your Executive Leadership Team
for visibility of this matter.
Next steps
44.
The IPCA has advised that they will likely publicly release the finalised Review
in the week of 10 February 2025. They have advised that they will provide both
the Minister of Police and the Minister of Justice with embargoed copies of the
Review prior to its public release.
45.
At the same time, we will brief the Minister of Police on the recommendations
and, as above, advise him that Police supports progressing legislation, as well
as recommending he meet with the Minister of Justice. To support this meeting,
we can make officials available and provide talking points if required.
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KEARNEY, Caitlin
Subject:
FW: Protest thematic review
From: LABAN, Donna <s.9(2)(a) OIA
>
Sent: Wednesday, February 12, 2025 8:54 AM
To: KEARNEY, Caitlin s.9(2)(a) OIA
z>; CROSS, Jennifer (Jenny) s.9(2)(a) OIA
>
Subject: Re: Protest thematic review
Hi Caitlin
Dave Greig and I thanks.
Anytime this afternoon
D
Get Outlook for iOS
From: KEARNEY, Caitlin s.9(2)(a) OIA
Sent: Wednesday, February 12, 2025 8:29:24 AM
To: LABAN, Donna s.9(2)(a) OIA
; CROSS, Jennifer (Jenny) s.9(2)(a) OIA
Subject: RE: Protest thematic review
Kia ora Donna,
Attached is the briefing to the Minister that the Commissioner has just approved, we will be sending this across later
today – para 4 reflects the wording you were comfortable with.
I’ve also reattached for your reference a copy of the earlier briefing to the Commissioner that Jenny has referenced
below.
Regarding media, we’ve been liaising with Shelly regarding the Thematic Review aspect, as opposed to the s31
aspect which we haven’t been privy to. She emailed me last night emailed to say she is hoping to get a steer from
the Commissioner today with a view to share a draft media release with us by tomorrow.
Happy to meet this afternoon. What time suits you? Let me know who else you’d like to attend and I’ll set a meeting
up.
Ngā mihi
Caitlin Kearney Policy Advisor II Policing Legislative Reform
Policy & Partnerships
E s.9(2)(a) OIA
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From: LABAN, Donna s.9(2)(a) OIA
Sent: Wednesday, February 12, 2025 7:52 AM
To: CROSS, Jennifer (Jenny) s.9(2)(a) OIA
KEARNEY, Caitlin s.9(2)(a) OIA
Subject: RE: Protest thematic review
Hi Jenny
No that’s ok – I am sending to Dave Greig, Joel Lamb, AC’s Venables and Hoyle, DC’s Auckland and Waitemata, Dave
Lankshear and Paul Wiszniewki also Hayley Bowman and Freya O’Meara – is there any others that should have it?
Normally there is a Commissioners briefing that goes out with these but I have not been across this as much as you?
Who is going to lead the media response and response to recommendations as we need to be in the loop for the
recs as we have a rec database which needs to be advise dof this please?
Do you want to catch up to discuss?
D
Donna Laban
Inspector Operations Manager: Police Professional Conduct: Integrity and Conduct People, Leadership and Culture, Police National Headquarters
s.9(2)(a) OIA
To promote and enable a values‐based culture for our people
Mon
Tues
Wed
Thurs
Fri
✓
✓
✓
X
✓
= In the office 6am – 4pm = Working from
home X = Rostered day off
From: CROSS, Jennifer (Jenny) s.9(2)(a) OIA
Sent: Wednesday, February 12, 2025 7:49 AM
To: LABAN, Donna s.9(2)(a) OIA
KEARNEY, Caitlin s.9(2)(a) OIA
Subject: RE: Protest thematic review
Kia ora Donna
The Commissioner has just approved the briefing to go to the Minister regarding this, and we also
separately briefed him early in the NY about the report. Caitlin, if you haven’t already, can you please send
to Donna.
Caitlin is currently working with Dave Greig’s team to identify how we might respond to the Police‐specific
recs.
We have a copy of the embargoed report, so happy to manage distributed to the relevant stakeholders.
Let us know
Ngā mihi
Jenny
Jenny Cross Policy Manager – Policing Legislative Reform Policy Group
s.9(2)(a) OIA
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KEARNEY, Caitlin
Subject:
FW: [EXTERNAL] FW: Clarification of recommendations
From: BOWMAN, Hayley s.9(2)(a) OIA
Sent: Thursday, February 13, 2025 2:53 PM
To: LABAN, Donna s.9(2)(a) OIA
; GREIG, David (Dave) s.9(2)(a) OIA
; LAMB, Joel
s.9(2)(a) OIA
; BOYLE‐TIATIA, Bernadette (Bernie) s.9(2)(a) OIA
>; CROSS,
Jennifer (Jenny) s.9(2)(a) OIA
; KEARNEY, Caitlin s.9(2)(a) OIA
Subject: Re: [EXTERNAL] FW: Clarification of recommendations
I’ll forward it to him. And let him know the context. I’ll let you know if there are any issues. I had given him the gist
so I’ll remind him.
Hayley
Get Outlook for iOS
From: LABAN, Donna s.9(2)(a) OIA
Sent: Thursday, February 13, 2025 2:34:18 PM
To: BOWMAN, Hayley s.9(2)(a) OIA
GREIG, David (Dave) s.9(2)(a) OIA
LAMB, Joel s.9(2)(a) OIA
BOYLE‐TIATIA, Bernadette (Bernie) s.9(2)(a) OIA
CROSS, Jennifer (Jenny)s.9(2)(a) OIA
>; KEARNEY, Caitlin
s.9(2)(a) OIA
Subject: Re: [EXTERNAL] FW: Clarification of recommendations
Thanks Hayley
I will factor that in to our response .
Is this something that needs to go through bill?
D
Get Outlook for iOS
From: BOWMAN, Hayleys.9(2)(a) OIA
Sent: Thursday, February 13, 2025 2:10:05 PM
To: LABAN, Donna s.9(2)(a) OIA
; GREIG, David (Dave) s.9(2)(a) OIA
LAMB, Joel
s.9(2)(a) OIA
; BOYLE‐TIATIA, Bernadette (Bernie) s.9(2)(a) OIA
CROSS,
Jennifer (Jenny) s.9(2)(a) OIA
KEARNEY, Caitlins.9(2)(a) OIA
Subject: Re: [EXTERNAL] FW: Clarification of recommendations
It would have to be legal training really. Either in person or legal developing/contributing to some sort of online
training for all staff (like the gang insignia and privacy course).
Get Outlook for iOS
From: LABAN, Donna s.9(2)(a) OIA
Sent: Thursday, February 13, 2025 2:06:19 PM
To: GREIG, David (Dave) s.9(2)(a) OIA
LAMB, Joel s.9(2)(a) OIA
BOYLE‐TIATIA,
1
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From:
LABAN, Donna
To:
KEARNEY, Caitlin
Cc:
GREIG, David (Dave); LANKSHEAR, David; EDWARDS, Tara; CROSS, Jennifer (Jenny); Recommendations
Subject:
RE: Legislative Recommendations - IPCA Review of Policing of Public Protests in NZ.
Date:
Wednesday, 12 February 2025 8:23:14 pm
Attachments:
image001.png
Many thanks Caitlin
Tara – is this all you require for that part of the recommendation (IPCA Review
of Policing of Public Protests)?
I will complete the rec form and send you a copy.
D
Donna Laban
Inspector
Operations Manager: Police Professional Conduct: Integrity and Conduct
People, Leadership and Culture, Police National Headquarters
s.9(2)(a) OIA
To promote and enable a values-based culture for our people
Mon
Tues
Wed
Thurs
Fri
✓
✓
✓
X
✓
= In the office 6am – 4pm = Working from
home X = Rostered day off
From: KEARNEY, Caitlin s.9(2)(a) OIA
>
Sent: Wednesday, February 12, 2025 3:07 PM
To: LABAN, Donna s.9(2)(a) OIA
z>
Cc: GREIG, David (s.9(2)(a) OIA
LANKSHEAR, David
s.9(2)(a) OIA
EDWARDS, Tara s.9(2)(a) OIA
; CROSS,
Jennifer (Jenny) s.9(2)(a) OIA
Subject: Legislative Recommendations - IPCA Review of Policing of Public Protests in NZ.
Hi Donna,
Thanks for your time this afternoon.
This email is regarding the legislative recommendations in the IPCA’s Review on the Policing of
Public Protests in NZ – that is all the recommendations from para 328-331.
Our understanding is that Police has responded to these recommendations, by way of the
Briefing to the Minister of Police (reference number BR/25/07) that was sent this afternoon.
Note that the Minister has not yet reviewed/signed off this Briefing, and we will advise you once
we receive the signed Briefing back.
The Briefing has advised the Minister that Police supports the legislative recommendations
(noting further work is required to ensure that any legislation is fit for purpose) and recommends
he meet with the Minister of Justice to discuss, given it is legislation that would be progressed
and led by the Ministry of Justice. The Briefing to the Minister also advises that Police is available
to support those discussions.
Please let myself or Jenny know if you require anything additional from us at this stage. If not, we
will be in touch once we hear back on the Briefing.
Ngā mihi
Caitlin Kearney
Policy Advisor II
Policing Legislative Reform
Policy & Partnerships
s.9(2)(a) OIA
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From: Rachel Townrow
Sent: Tuesday, January 28, 2025 4:39:44 PM
To: KEARNEY, Caitlin s.9(2)(a) OIA
Cc: CROSS, Jennifer (Jenny) s.9(2)(a) OIA
Subject: RE: [EXTERNAL] RE: IPCA Report ‐ Next Steps
Hi again Caitlin
I forgot to mention in my earlier email that our Status Report update is due at 9am on Wednesday.
Apologies for the tight turnaround.
Thanks
Rachel
From: Rachel Townrow s.9(2)(a) OIA
>
Sent: Tuesday, January 28, 2025 11:53 AM
To: KEARNEY, Caitlin s.9(2)(a) OIA
Cc: CROSS, Jennifer (Jenny) s.9(2)(a) OIA
Subject: RE: [EXTERNAL] RE: IPCA Report ‐ Next Steps
Kia ora Caitlin
Thanks for this, it’s really helpful.
Would you be comfortable if we said the below in this week’s Status Report?
We understand that the Independent Police Conduct Authority (IPCA) is due to release its Thematic Review on the
Policing of Public Protests (the Review) this week. Council bylaws, along with councils’ powers as road controlling
authorities, form part of the current regulatory framework governing public protests and we have been engaging
with the IPCA throughout the review. The Review will propose standalone legislation to govern public protests. There will still be a role for councils with
their responsibilities for roads and other public places. Officials from Police will be recommending that the Minister of Police speak with you and the Minister of Justice to
discuss the Review’s legislative recommendations, and the priority of further work on the legislative framework
guiding protest activity and responses. We are able to provide you with advice as and when required.
Please feel free to suggest edits.
Ngā mihi nui
Rachel
From: KEARNEY, Caitlin <s.9(2)(a) OIA
>
Sent: Thursday, January 23, 2025 3:41 PM
To: Rachel Townrow s.9(2)(a) OIA
2
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We understand that the report is likely to be released by the IPCA on the week of 27 Jan and we are planning to
provide a briefing to our Minister at the same time as the report is released.
Have you had the opportunity yet to think about when you may brief yours?
Ngā mihi
Caitlin Kearney Policy Advisor II Policy & Partnerships
s.9(2)(a) OIA
===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged
information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence
to have unlawful possession of Police property. If you are not the intended recipient of this message or have
received this message in error, you must not peruse, use, distribute or copy this message or any of its contents. Also
note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have
received this message in error, please email or telephone the sender immediately
6
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KEARNEY, Caitlin
From:
KEARNEY, Caitlin
Sent:
Monday, 27 January 2025 2:51 pm
To:
Walton, Chelly; Anderson, Helen
Cc:
Robertson, Kathleen; Johnston, Anna; Frick, Jason; CROSS, Jennifer (Jenny)
Subject:
s. 9(2)(f)(iv)
Kia ora Chelly and Helen,
We have received an updated version of the draft IPCA review, which includes expanded commentary on the
picketing offence as well as an updated recommendation. The IPCA has confirmed they are comfortable with us
sharing this updated wording with you ‐ s. 9(2)(f)(iv)
By way of update, we also understand that the IPCA will now be making the Review public on Tuesday 18 Feb. They
are aiming to have embargoed copies to Ministers’ offices on Thursday 13 Feb.
s.18(c)(i)
Updated Recommendation
1
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