OIA 119742 New Zealand Council for Civil Liberties final.pdf

Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 | F 04 918 8820
[email address] | www.justice.govt.nz
24 April 2025
New Zealand Council for Civil Liberties
[FYI request #30212 email]
Ref: OIA 119742
Tēnā koe New Zealand Council for Civil Liberties
Official Information Act request: Independent Police Conduct Authority (IPCA) review
Thank you for your email of 25 February 2025 to the Ministry of Justice (the Ministry),
requesting information under the Official Information Act 1982 (the Act), about the review
published by the IPCA titled ‘The Policing of public protests in New Zealand’ (the Review).
Specifically, you requested:
1. All communications to and from the IPCA relating to this report, excluding
anything relating to any specific complaint. Given that the IPCA has indicated it
collaborated with the Ministry on the preparation of the main body of the report,
we expect this would include emails, briefings, meeting notes, formal and
informal advice, and responses to the positions of the IPCA and its other
collaboration partners and stakeholders.
2. All internal analysis, assessment, consideration, formal and informal advice, and
recommendations or responses developed or communicated within the Ministry
about the issues raised in the IPCA report and the recommendations made by
IPCA.
3. All information recording Ministry decisions on how to proceed regarding the
recommendations made by the IPCA in its report.
4. All communications from the Ministry about the report, or how to proceed
following the publication of the report, to (a) the Minister of Justice, (b) either
Associate Minister of Justice, (c) the Attorney General, (d) the Police, (e) Crown
Law and (f) the NZ Security Intelligence Service.
On 27 February 2025 a similar request addressed to the Minister of Justice, Hon Paul
Goldsmith, was transferred in full to the Ministry for response. Specifically, you requested:
5. All communications to and from the IPCA relating to this report, excluding
anything relating to any specific complaint.
6. All analysis, assessment, consideration, formal and informal advice,
recommendations, and responses developed by or communicated to you about
the issues raised in the IPCA report and the recommendations made by IPCA.
7. All requests and communications by you to the Ministry of Justice to work (a) with
the IPCA on the research and production of the IPCA report and (b) on matters
arising from the IPCA report.

8.  All information recording your decisions on how to proceed regarding the
recommendations made by the IPCA in its report.
9.  All communications from you about the report, or how to proceed following the
publication of the report, to (a) the Prime Minister, (b) either Associate Minister of
Justice, (c) the Attorney General, (d) the Minister of Internal Affairs, (e) the
Police, (f) Crown Law and (g) the NZ Security Intelligence Service.

On 6 March 2025, the Ministry asked you to consider narrowing the scope of part 2 of your
request. Specifically:

The Ministry is wanting to enquire with you on narrowing the scope of part 2 of your
request to substantive advice, recommendations and responses relating solely to the
IPCA report, ‘The Policing of Public Protests in New Zealand’.

The Ministry did not receive a response to this email inquiry by the requested deadline. On
12 March 2025, you were informed of this and advised that the Ministry will proceed with our
interpretation of this part of your request, which was to include substantive advice,
recommendations and responses. On the same day, you responded and requested for all
recorded analysis or assessment of the IPCA report be included. Specifically:

However in addition to the 'substantive advice, recommendations and responses'
listed by the Ministry, the Council also wants this part of our request to include all
recorded analysis or assessment of the IPCA report that has not been incorporated
into 'substantive advice, recommendations and responses', whether this is in the
form of meeting notes, A3s, or other formats. Please also provide the names of any
teams, working groups, or similar that are doing work on the issues raised by the
IPCA report on policing protest.

On 19 March 2025, the Ministry extended the time frame to respond to your request under
section 15A(1)(b) of the Act, as consultations necessary to make a decision on the request
were such that a proper response to the request could not reasonably be made within the
original time limit. You were further advised that you could expect a response on or by 24
April 2025.

In response to part 1 of your request, please refer to Table 1 below which details the
documents in scope of this part of your request and my decision on their release. To avoid
duplication, where an email appears as part of a chain, only the email with the complete
chain is provided, except where there is an attachment. I note that while the Ministry was
consulted on the draft report mentioned in Table 1, we did not provide formal input or advice
to the IPCA as part of the development of the report. This means we do not hold some of the
material that you have asked for as part of your request.

In response to part 2 of your request, please refer to Table 2 below which details the
documents in scope of this part of your request and my decision on their release. Table 2
includes material that predates the publication of the IPCA report but refers to the
preparation of that report and discusses related issues. Regarding your request for names of
groups working on the issues raised by the IPCA report, I can advise that the Ministry’s
Human Rights and Criminal Law Policy teams have been involved.

In response to part 3 of your request, the Ministry does not hold the information requested.
Therefore, I must refuse this part of your request under section 18(g)(i) of the Act, as the
information you have requested is not held by the Ministry or any other agency subject to the
Act.

In response to part 4 of your request, please refer to Table 3 below, which details the
documents in scope of this part of your request and my decision on their release.

In response to parts 5, 7, 8 and 9 of your request, the Minister of Justice, Hon Paul
Goldsmith, and his office have confirmed that they hold no information in scope of these
parts of your request. I am therefore refusing these parts of your request under section 18(e)
of the Act, as the information requested does not exist.

In response to part 6 of your request, please refer to Table 4 below which provides details
about a document in scope of this part of your request and my decision on its release.

Further to the information provided in the tables below, some documents have been refused
in full under section 18(c)(i) of the Act, on the grounds that the information is subject to the
secrecy provisions of the Independent Police Conduct Authority Act 1988 (the IPCA Act) and
making the information available would be contrary to the provisions of the IPCA Act. Some
documents have been refused under 18(d) of the Act, as the information is publicly available.

Some information has also been withheld under the following provisions of the Act:

•  section 9(2)(a) to protect the privacy of natural persons;
•  section 9(2)(ba)(i) to protect information that is subject to an obligation of confidence;
•  section 9(2)(f)(iv) to maintain the constitutional conventions for the time being which
protect the confidentiality of advice tendered by Ministers of the Crown and officials;
and
•  section 9(2)(g)(i) to maintain the effective conduct of public affairs through the free
and frank expression of opinions.

In withholding information under section 9, the Ministry has considered the public interest
and does not consider that it outweighs withholding the information at this time.

Please note that this response, with your personal details removed, may be published on the
Ministry website at: Official Information Act responses | New Zealand Ministry of Justice

If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.

Nāku noa, nā

Kathy Brightwell
General Manager, Civil and Constitutional Policy

Table 1: Documents in scope of request – communications regarding the IPCA review: ‘The Policing of public protests in New
Zealand’

Doc no.
Date
Document type
Document title
Decision on release
1

14/03/2024
Email
RE: DIA Contacts
RE: Review of legal framework governing
2

15/03/2024
Email
protests
Some information withheld under s9(2)(a) of
RE: Review of legal framework governing
the Act
3

15/03/2024
Email
protests
4

25/03/2024
Email
Tomorrow’s meeting
4.1
Undated
Plan
Tasking document
Refused under s18(c)(i) of the Act
5
26/03/2024
Meeting notes
Policing protests
Refused under s18(c)(i) of the Act
Re: [IN-CONFIDENCE] IPCA protest law review
6
03/04/2024
Email
Some information withheld under s9(2)(a) of
and DIA bylaw work
the Act
7
29/05/2024
Email
FW: Student seminar
7.1
Undated
Presentation
Protests – The Legal Framework
Refused under s18(c)(i) of the Act
8
29/05/2024
Email
RE: Update on protest review
Some information withheld under s9(2)(a) of
9
12/11/2024
Email
Consultation draft
the Act
9.1
Undated
Draft review
IPCA THEMATIC REVIEW …
Refused under s18(c)(i) of the Act
Some information withheld under s9(2)(a) of
10
12/11/2024
Email
Consultation draft
the Act
10.1
Undated
Draft review
IPCA THEMATIC REVIEW …
Same attachment as at 9.1
Some information withheld under s9(2)(a) of
11
25/11/2024
Email
Protest report - consultation draft
the Act
IPCA THEMATIC REVIEW The Policing of public  Withheld in full under sections 9(2)(ba) and
11.1
Undated
Draft review
protests in New Zealand [consultation draft]
9(2)(g)(i) of the Act
EMBARGOED 18 February 2025 - IPCA Public
Some information withheld under s9(2)(a) of
12
12/02/2025
Email
Report - Review of the policing of public protests
the Act
in New Zealand

Doc no.
Date
Document type
Document title
Decision on release
Refused under s18(d) of the Act - publicly
IPCA THEMATIC REVIEW The Policing of public available at: 18 February 2025 - IPCA Public
12.1
February 2025 Review
protests in New Zealand
Report - Thematic Review on the policing of
public protests in New Zealand.pdf
Refused under s18(d) of the Act - publicly
MEDIA STATEMENT: Review of the policing of
12.2
18/02/2025
Media statement
available at: Thematic Review: The Policing
public protests in New Zealand
of Public Protests in New Zealand
RE: EMBARGOED 18 February 2025 - IPCA
Some information withheld under s9(2)(a) of
13
12/02/2025
Email
Public Report - Review of the policing of public
the Act
protests in New Zealand

Table 2: Documents in scope of request – advice, recommendations, responses, analysis or assessment regarding the IPCA review:
‘The Policing of public protests in New Zealand’

Doc no.
Date
Document type
Document title
Decision on release
1
28/11/2025
Email
International comparisons
Withheld in full under s9(2)(f)(iv) of the Act
FW: EMBARGOED 18 February 2025 - IPCA
Some information withheld under s9(2)(a) of
2
13/02/2025
Email
Public Report - Review of the policing of public
the Act
protests in New Zealand
IPCA THEMATIC REVIEW The Policing of public
2.1
February 2025 Review
Same attachment in Pack 1 at 12.1
protests in New Zealand
MEDIA STATEMENT: Review of the policing of
2.2
18/02/2025
Media statement
Same attachment in Pack 1 at 12.2
public protests in New Zealand
Talking points – Response to protest
3
7/3/2025
Talking points
activity/Safety and security of elected officials
Withheld in full under s9(2)(f)(iv) of the Act

Table 3: Documents in scope of request – all communications from the Ministry of Justice about the IPCA review

Doc no.
Date
Document type
Document title
Decision on release
Some information withheld under s9(2)(a) of
1
28/05/2024
Email
RE: AM request - protest COP Tuesday
the Act
1.1
28/05/2024
Aide Memoire
20240527 AM – Lawful protest
Released in full
20241205 - AM - Safety and Security of Elected
2
05/12/2025
Aide Memoire
Withheld in full under s9(2)(f)(iv) of the Act
Officials
FW: Review of aide memoire on the safety of
Some information withheld under s9(2)(f)(iv)
3
10/12/2025
Email
public officials
of the Act
20241205 - AM - Safety and Security of Elected
3.1
05/12/2025
Aide Memoire
Same attachment at 2
Officials
RE: [EXTERNAL] FW: Review of aide memoire
4
16/12/2025
Email
on the safety of public officials
Some information withheld under s9(2)(a)
RE: [EXTERNAL] FW: Review of aide memoire
and s9(2)(f)(iv) of the Act
5
27/01/2025
Email
on the safety of public officials
RE: EMBARGOED 18 February 2025 - IPCA
Some information withheld under s9(2)(a) of
6
13/02/2025
Email
Public Report - Review of the policing of public
the Act
protests in New Zealand
Some information withheld under s9(2)(f)(iv)
6.1
13/02/2025
Aide Memoire
20250213 AM IPCA Report with Summary
of the Act
For review: Justice briefing on the safety and
Some information withheld under s9(2)(f)(iv)
7
20/02/2025
Email
security of elected officials
of the Act
20250220 BR Safety and security of elected
Withheld in full under sections 9(2)(f)(iv) and
7.1
20/02/2025
Briefing
officials (draft for review)
9(2)(g)(i) of the Act
RE: [EXTERNAL] For review: Justice briefing on
Some information withheld under s9(2)(a)
8
25/02/2025
Email
the safety and security of elected officials
and s9(2)(f)(iv) of the Act
Some information withheld under s9(2)(a) of
8.1
05/03/2025
Email attachment
[REDACTED] IR-01-24-2966 OIA Response
the Act

Doc no.
Date
Document type
Document title
Decision on release
Police Feedback – 20250220 BR Safety and
Withheld in full under sections 9(2)(ba)(i),
8.2
20/02/2025
Briefing
security of elected officials
9(2)(f)(iv), 9(2)(g)(i) of the Act

Table 4: Documents in scope of request – advice, recommendations, responses, analysis or assessment regarding the IPCA review:
‘The Policing of public protests in New Zealand’

Doc no.
Date
Document type
Document title
Decision on release
RE: EMBARGOED 18 February 2025 - IPCA
1
13/02/2025
Email
Public Report - Review of the policing of public
Same email in Pack 3 at 6
protests in New Zealand