Dear New Zealand Police,

I request the following information pursuant to the Official Information Act regarding Te Pae Oranga (also know as the Iwi Community Panel programme):

1. Does New Zealand Police have a policy (nationally or in any district) which dictates that for certain offences, a police officer may not charge the individual for the offence, but must instead refer the offender to Te Pae Oranga?

2. If so, provide this policy (including, but not limited to, the list of offences that require mandatory referral).

3. Notwithstanding any mandatory policy, do police officers retain any residual discretion to charge an offender with an offence captured by the policy (for instance, in the case of a recidivist offender, or other aggregating factor)? If so, please provide any guidance provided to Police staff on this point.

4. Does New Zealand Police seek the views of victims before an offence is referred to Te Pae Oranga (whether through mandatory referral or otherwise)?

5. Any advice New Zealand Police has received (legal or otherwise) about whether a mandatory referral policy risks abdicating or fettering prosecutorial discretion?

Yours faithfully,

Jay Citizen