OIA Response IR 01 25 20918.pdf

IR-01-25-20918
17 July 2025

Jay Citizen
[FYI request #31228 email]

Tēnā koe Jay

Request for information

Thank you for your Official Information Act 1982 (OIA) request of 6 June 2025. You asked
for information regarding Police policy in relation to Te Pae Oranga.

My response to each part of your request can be found below.
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?
Te Pae Oranga is a restorative approach that provides an alternative to prosecution by
which offenders are held to account, while also enabled to put right the harm caused by
their offending. While this is a valuable and worthwhile resolution approach, it is just one
of many resolution pathways Police consider when dealing with offenders. Police policy
does not dictate that this is the only available pathway for particular offences.

However, Police currently has a local policy variant for Te Pae Oranga operating in
two districts (Southern and Northland) whereby, for designated offences, Police staff are
expected to refer offenders to Te Pae Oranga, unless a referral is assessed as
unsuitable.

The intent of the local policy is to lift referral numbers for eligible offences.

The use of the word “mandatory” in the policy documentation in use when this
OIA request was received is somewhat misleading and may suggest it takes away
officers’ charging discretion. However, as that documentation also provided, in all cases
Police retain discretion as to the resolution pathway that is used. Al  Police decisions
regarding resolution are guided by the Solicitor-General’s Prosecution Guidelines.
Matters wil  be prosecuted where required by the Prosecution Guidelines.

The intent of the word “mandatory” was to make it clear that Police are required to
carefully consider a referral to Te Pae Oranga for designated offences, and to provide a
rationale if they consider that a referral is not the appropriate resolution. However, Police
recognises the unintended inconsistency between the use of the word “mandatory” and
the intent behind the policy. Accordingly, the policy documentation has been reviewed
and amended to ensure the policy’s intent is clear.

2.  If so, provide this policy (including, but not limited to, the list of offences that require
mandatory referral.
For completeness, I attach the Te Pae Oranga policy documents for Southern and
Northern Districts in use at the date your request was received (6 June 2025), along with

the updated documents currently in use. As noted above, the policy documents were
updated to clarify that while Police must consider a referral to Te Pae Oranga for certain
offences, in all cases, Police retain discretion as to the resolution pathway to be used.
Documents as of 6 June 2025
•
Northland district – Mandatory referral process TPO
•
Southern District – Mandatory TPO Offences
•
Southern District – TPO Mandatory PP
•
Southern District – TPO referral info – PHONE
•
Southern District – TPO Troubleshooting 2-Pager
Current documents
•
Northland District – TPO referral process
•
Southland District TPO process
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 aggravating factor)? If so, please provide
any guidance provided to Police staff on this point.
Yes, Police always retain discretion to charge an offender, including offenders who
commit one of the designated offences. In relation to the policy documentation in use
at the time of this OIA request, that discretion was reflected in the requirement that a
rationale be provided where a decision was made not to refer an offender to Te Pae
Oranga.
This discretion has been made more explicit in the updated documentation.
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)?
Yes, the Te Pae Oranga process requires Police to seek the victim’s views before making
a referral. Note, however, that while Police wil  take the victim’s view into consideration,
the decision about the appropriate resolution pathway rests solely with Police. There may
be instances where police wil  make a referral even if the victim is not supportive of this
approach.
5.  Any advice New Zealand Police has received (legal or otherwise) about whether a
mandatory referral policy risks abdicating or fettering prosecutorial discretion?
No advice has been received in this regard, therefore this part of your request is refused
under section 18(g) of the OIA, as the information requested is not held.
You have the right to ask the Ombudsman to review this decision if you are not satisfied
with the response to your request. Information about how to make a complaint is available
at: www.ombudsman.parliament.nz.
Nāku noa, nā

Sarah McKenzie
Director: Resolutions
New Zealand Police

TE PAE ORANGA  MANDATORY REFERRALS PROCESS
Purpose
Implementation of Mandatory Referrals to Te Pae Oranga (TPO)
Staﬀ Contacts
Whangarei / Kaipara: Sgt Jade HENRY
Mid / Far North: Sgt Jordan FRASER
Lead: Snr Sgt Patrick DAVIS
Background
Te  Pae  Oranga  Providers  are  paid  by  Police  to  complete  a  set  number  of
referrals annual y.
Funding is pre paid annual y. There is no claw back of unused funding.
To date, referral numbers have been at a level whereby al  the Tai Tokerau
providers wil  not reach their annual totals by the end of the ﬁnancial year.
At a recent DLT meeting, agreement was reached that there would be a list
of oﬀences, for which a referral to Te Pae Oranga would be mandatory.
These  oﬀences  were  identiﬁed  based  on  the  oﬀences  listed  of  eligible
oﬀences produced by PNHQ - this list is not exhaustive.
Objectives
To uplift TPO referral numbers in Northland
Ensure supported resolutions are considered when interacting with
oﬀenders
Reduce court appearances and court workload (saving cost an time)
Impacts
Frontline  staﬀ  are  to  refer  oﬀenders  of  mandatory  oﬀences who  meet  the
criteria to TPO. If a mandatory oﬀence is committed and the oﬀender is not
going to be referred to TPO the frontline staﬀ member is to discuss this with
their line manager.
NIA  narrative  is  to  be  updated  as  to  what  criteria  is  NOT  met.  (eg;  TPO
considered, *SMITH does not admit guilt and is not eligible for TPO)
Managers  If  frontline  staﬀ  intend  to  deal  with  a  person  for  a  mandatory
oﬀence in any way other than a Te Pae Oranga referral, you must review the
written explanation in NIA and approve the rational.
Forward  this  explanation  via  email  to  the  Area  Commander  and  the
Supported Resolutions Coordinator, who wil  be maintaining oversight.

FMC prior to entering / laying mandatory oﬀences ensure NIA narrative has
been updated as to why TPO criteria has not been met and supervisor has
approved (eg does not admit guilt) - if narrative is not updated do NOT lay
the charge - cal  the local TPO contact who wil  fol ow up with the supervisor
/ OC.
Scope
Any oﬀence can be referred to Te Pae Oranga, some oﬀences wil  require an
exemption to be granted. - contact TPO staﬀ for exemption approval.
There  is  no  limit  to  the  number  of  oﬀences  which  can  be  made  in  one
referral.
A referral can be made for oﬀences arising from more than one incident.
Oﬀences
D502 - Careless Driving
· B184 - Unlicenced Driver fails to comply with Prohibition
· L144 - Drives without Apppropriate Driver Licence
· 4322 – Shoplifting (under $500)
· 4373 – Theft (under $500)
· 1784 - Threats/Intimidation
· 3535 - Oﬀensive Behaviour
· 3536 - Disorderly Behaviour
· 1613 - Assault Police
· 3514 - Resist Police
· 5127 - Wilful Damage
· 5134 - Graﬃti
· 6111 - Wilful Trespass
· 1758 - Possess knife in Public Place
· 5985 - Possess/Uses utensils for Methamphetamine
· 3284 - Possess/Uses utensils for Cannabis
· 3185 – Possess Needle/Syringe for Drugs
· 3252 - Possess/Uses Cannabis

· 6136 - Unlawfully in enclosed yard
· 6854 - Discharges Firearm in/near Dwelling
· 7467 - Fails to carry out obligations in relation to Computer Search
· 1652 - Common Assault
· 3561 - Fighting in a Public place
Follow up
PNHQ send a daily report of oﬀences that have been committed / laid,
oﬀences that have been laid without appropriate NIA update / explanation
wil be fol owed up as appropriate.

D502
B184
L144
4322
TPO
Careless Driving
Unlicenced Driver fails to
Drives without Appropriate
Shoplifting (under $500)
comply with Prohibition
Driver Licence
Mandatory
4373
1784
3535
3536
Theft (under $500)
Referral
Threats/Intimidation
Offensive Behaviour
Disorderly Behaviour
Offences
1613
3514
5127
5134
Assault Police
Resist Police
Wilful Damage
Graffiti
If the offender…
6111
1758
5985
3284
• Is 18 years or over
Wilful Trespass
Possess Knife in Public Place
Possess/Uses Utensils for
Possess/Uses utensils for
Methamphetamine
Cannabis
• Admits responsibility
Then here is the list of
offences, with their codes,
3185
3252
6136
6854
that will be mandatory for
Possess Needle/Syringe for
Possess/Uses Cannabis
Unlawfully in enclosed yard
Discharges Firearm in/near
Drugs
Dwelling
TPO referral.
7467
1652
3561
Fails to Carry Out Obligations in
Common Assault
Fighting in a Public Place
Relation to Computer Search

Te Pae Oranga
Mandatory Referrals - Southland
2025

What’s Changing?
From Thursday June 5 Southland wil be running a six-month pilot that wil see a specific list of offences
mandatory for Te Pae Oranga (TPO) referral.
Frontline staff must refer offenders of mandatory offences who meet the criteria to TPO. If a mandatory offence
is committed and the offender is not going to be referred to TPO, frontline staff must discuss this with their line
manager. NIA narrative is to be updated as to what criteria is not met. (eg; TPO considered, *SMITH does not
admit guilt and is not eligible for TPO)
Managers - if frontline staff intend to deal with a person for a mandatory offence in any way other than a Te Pae
Oranga referral, you must review the written explanation in NIA and approve the rationale.
Forward this explanation via email to the relevant Line Manager and the Supported Resolutions Coordinator,
who wil be maintaining oversight.
Why?
Te Pae Oranga has always been a great choice as a Supported Resolution option to hold people to account for
offending, prevent harm, while also showing compassion, responsiveness and fairness. This move to make
referrals mandatory seeks to uplift the number of TPO panels we run in Southland, which in turn reduces the
caseload for prosecutions and the courts.
As a process that sits outside the justice system, TPO can bring resolutions and wraparound support services to
both participants and victims that do not rely on court proceedings.

D502
B184
L144
4322
TPO
Careless Driving
Unlicenced Driver fails to
Drives without Appropriate
Shoplifting (under $500)
comply with Prohibition
Driver Licence
Mandatory
4373
1784
3535
3536
Referral
Theft (under $500)
Threats/Intimidation
Offensive Behaviour
Disorderly Behaviour
Offences
1613
3514
5127
5134
Assault Police
Resist Police
Wilful Damage
Graffiti
If the of ender…
6111
1758
5985
3284
• Is 18 years or over
Wilful Trespass
Possess Knife in Public Place
Possess/Uses Utensils for
Possess/Uses utensils for
Methamphetamine
Cannabis
• Admits responsibility
Then here is the list of
of ences, with their codes,
3185
3252
6136
6854
that wil be mandatory for
Possess Needle/Syringe for
Possess/Uses Cannabis
Unlawfully in enclosed yard Discharges Firearm in/near
TPO referral.
Drugs
Dwelling
7467
1652
3561
Fails to Carry Out Obligations in
Common Assault
Fighting in a Public Place
Relation to Computer Search

When a mandatory
You cannot refer to TPO if the
referral cannot be
made:
Mandatory Offence is:
Linked to family violence, driving charge with mandatory
There are stil  a number of
disqualification, second hand dealer offences. Note: It may stil  be
reasons when you would
appropriate to refer to TPO through the exemption process
NOT make a mandatory
Referral to TPO.
Linked to a non-mandatory offence/s that wil  have charges laid for
If the of ender:
court (bundle all charges to one pathway through court)
• Denies the offending
As a rule of thumb, driving offences that hold a mandatory vehicle
• Is under the age of 18
impoundment wil  not qualify as a ‘mandatory TPO referral’. If TPO is
• Declines the option
sought this should be with approval from both your supervisor and TPO
for TPO
Liaison Officer or SRC.
Then you cannot refer to
TPO.

Key Decision Making:
Safety
Reparation
Statute of Limitations
Risk to victims, partner agencies, police and panel
Can it be paid before the statute of limitations runs
members. Is the offender considered HIGH RISK or has a
out?
history of being volatile or other associated flags/risks?
When the offence has a short statute timeframe
remaining, referrals need to be timely to ensure
Unfortunately, we know there are individuals in our
Is it feasible for them to pay it ? TPO does not have
sufficient time for TPO process.
communities that may pose a risk, and unlikely to adhere to
the ability to impose a reparation schedule payment
Al ow 8 weeks minimum.
processes that fall outside of bail conditions and the court
plan outside the statute of limitations e.g. $10 per
process.
week for 24 months.
Multiple Offences
Linked Charges
Formal Written Warnings
You can add more than one offence to your
If there are linked charges that don’t meet TPO
FWW’s stil remain a resolution option in the
referral, but be reasonable. For example, if
criteria, can these all be considered for TPO
appropriate circumstances. The use of a FWW
someone has more than five shoplifting offences,
through exemption for bundling to TPO?
wil require supported narrative in NIA outlining
TPO may not be appropriate.
If not – bundle for court.
the reason TPO is not used. eg. Tourist visiting
NZ.
Victim not on board
Discretionary Vehicle impound
Need assistance?
Consider whether or not it is appropriate to impound
Ideally, we want the victim to be on board with
a vehicle.
Contact:
the process, but they do not have to agree. It is a
Police decision.
There is a significant financial cost to Police for
[email address]
impounding vehicles where no formal Court Process
has been started (no charge filed) and it can place
If you are not sure, talk it over with your
added financial stress for people who are already
supervisor, SRC or TPO Liaison Of icer.
struggling if asked to pay via a TPO plan.

If you have any questions, please
talk to you supervisor in the first
instance, or reach out to
[email address]

TPO referrals are MANDATORY for low level offences.
Get the referral form on your phone’s home screen:
STEP 1:
STEP 2:
STEP 3:
STEP 4:
Scan this QR code to get to the
Press the box with the arrow at
Press ‘Add to Home Screen’
Press ‘Add’ at the top right of
TPO referral form
the bottom centre of your screen
your screen
Helpful Ten One Resources:
Southland Contacts:
TPO Offences Quick View: Te Pae Oranga offence codes list
Sergeant Justine BISHOP: 0211915168
TPO Toolkit: Te Pae Oranga toolkit
Sergeant Jessica DOUBLE: 0211919442
Email: [email address]

Mandatory TPO Referrals
SOUTHLAND
What’s Changing?
From Thursday June 5 Southland will be running a six-month pilot that will
see a specific list of offences mandatory for Te Pae Oranga (TPO) referral.
Frontline staff must refer offenders of mandatory offences who meet the
criteria to TPO. If a mandatory offence is committed and the offender is not
going to be referred to TPO, frontline staff must discuss this with their line
manager. NIA narrative is to be updated as to what criteria is not met. (eg;
TPO considered, *SMITH does not admit guilt and is not eligible for TPO)
Managers - if frontline staff intend to deal with a person for a mandatory
offence in any way other than a Te Pae Oranga referral, you must review the
written explanation in NIA and approve the rational.
Forward this explanation via email to the relevant Line Manager and the
Supported Resolutions Coordinator, who will be maintaining oversight.
Why?
Te Pae Oranga has always been a great choice as a Supported Resolution
option to hold people to account for offending, prevent harm, while also
showing compassion, responsiveness and fairness. This move to make
referrals mandatory seeks to uplift the number of TPO panels we run in
Southland, which in turn reduces the caseload for prosecutions and the
courts.

As a process that sits outside the justice system, TPO can bring resolutions
and wraparound support services to both participants and victims that do
not rely on court proceedings.

Troubleshooting guide

TE PAE ORANGA SPECIFIED OFFENCES REFERRALS PROCESS

Purpose
Implementation of Referral to Te Pae Oranga (TPO) For Specified Offences

Staff Contacts
Whangarei / Kaipara: Sgt Jade HENRY
Mid / Far North: Sgt Jordan FRASER
Lead: Snr Sgt Patrick DAVIS

Background
At a recent DLT meeting, agreement was reached that there would be a list
of offences, for which a referral to Te Pae Oranga must always be considered
and should be made, unless assessed as unsuitable in a particular case.
These offences were identified based on the list of eligible offences
produced by PNHQ - this list is not exhaustive.

Objectives

To uplift TPO referral numbers in Northland
Ensure supported resolutions are considered when interacting with
offenders
Reduce court appearances and court workload (saving cost and time)

Impacts
Frontline staff are to consider referring offenders of specified offences, who
meet the criteria, to TPO. If a specified offence is committed and the
offender is not going to be referred to TPO the frontline staff member is to
discuss this with their line manager.
NIA narrative is to be updated as to what criteria is NOT met or why another
resolution option is preferred in the particular case. (eg; TPO considered,
*SMITH does not admit guilt and is not eligible for TPO)
Managers If frontline staff intend to deal with a person for a specified
offence in any way other than a Te Pae Oranga referral, you must review the
written explanation in NIA and approve the rationale.
Forward this explanation via email to the Area Commander and the
Supported Resolutions Coordinator, who will be maintaining oversight.
FMC prior to entering / laying specified offences ensure NIA narrative has
been updated as to why TPO criteria has not been met and supervisor has
approved (eg does not admit guilt) - if narrative is not updated do NOT lay
the charge - call the local TPO contact who will follow up with the supervisor
/ OC.

Scope
Any offence can be referred to Te Pae Oranga, some offences will require an
exemption to be granted. - contact TPO staff for exemption approval.
There is no limit to the number of offences which can be made in one
referral.
A referral can be made for offences arising from more than one incident.

Specified Offences
D502 - Careless Driving
B184 - Unlicenced Driver fails to comply with Prohibition
L144 - Drives without Appropriate Driver Licence
4322 – Shoplifting (under $500)
4373 – Theft (under $500)
1784 - Threats/Intimidation
3535 - Offensive Behaviour
3536 - Disorderly Behaviour
1613 - Assault Police
3514 - Resist Police
5127 - Wilful Damage
5134 - Graffiti
6111 - Wilful Trespass
1758 - Possess knife in Public Place
5985 - Possess/Uses utensils for Methamphetamine
3284 - Possess/Uses utensils for Cannabis
3185 – Possess Needle/Syringe for Drugs
3252 - Possess/Uses Cannabis
6136 - Unlawfully in enclosed yard
6854 - Discharges Firearm in/near Dwelling
7467 - Fails to carry out obligations in relation to Computer Search
1652 - Common Assault
3561 - Fighting in a Public place

Follow up
PNHQ send a daily report of offences that have been committed / laid,
offences that have been laid without appropriate NIA update / explanation
will be followed up as appropriate.

Te Pae Oranga
Presumptive Referrals - Southland
2025

What’s Changing?
From Thursday June 5 Southland wil be running a six-month pilot that wil see a specific list of offences for
which referral to Te Pae Oranga (TPO) must always be considered and should be made, unless considered
unsuitable in the particular case.
Frontline staff are to consider referring offenders of specified offences, who meet the criteria, to TPO. If a
specified offence is committed and the offender is not going to be referred to TPO, frontline staff must discuss
this with their line manager. NIA narrative is to be updated as to what criteria is not met or why an alternative
resolution is preferred in the particular case. (eg; TPO considered, *SMITH does not admit guilt and is not
eligible for TPO)
Managers - if frontline staff intend to deal with a person for a specified offence in any way other than a Te Pae
Oranga referral, you must review the written explanation in NIA and approve the rational.
Forward this explanation via email to the relevant Line Manager and the Supported Resolutions Coordinator,
who wil be maintaining oversight.
Why?
Te Pae Oranga has always been a great choice as a Supported Resolution option to hold people to account for
offending, prevent harm, while also showing compassion, responsiveness and fairness. This move to always
consider TPO referrals for specific offences seeks to uplift the number of TPO panels we run in Southland, which
in turn reduces the caseload for prosecutions and the courts.
As a process that sits outside the justice system, TPO can bring resolutions and wraparound support services to
both participants and victims that do not rely on court proceedings.

D502
B184
3561
4322
TPO
Careless Driving
Unlicenced Driver fails to
Fighting in a Public Place
Shoplifting (under $500)
comply with Prohibition
Specified
4373
1784
3535
3536
Offences
Theft (under $500)
Threats/Intimidation
Offensive Behaviour
Disorderly Behaviour
1613
3514
5127
5134
Assault Police
Resist Police
Wilful Damage
Graffiti
If the of ender…
• Is 18 years or over
6111
1758
5985
3284
• Admits responsibility
Wilful Trespass
Possess Knife in Public Place
Possess/Uses Utensils for
Possess/Uses utensils for
Methamphetamine
Cannabis
Then here is the list of
specified of ences, with their
codes, that should be
3185
3252
6136
6854
referred to TPO unless
Possess Needle/Syringe for
Possess/Uses Cannabis
Unlawfully in enclosed yard Discharges Firearm in/near
assessed as unsuitable.
Drugs
Dwelling
7467
1652
Fails to Carry Out Obligations in
Common Assault
Relation to Computer Search

When a referral
cannot be made:
You cannot refer to TPO if the
There are stil  a number of reasons when you
would NOT make a referral to TPO.
Specified Offence is:
If the of ender:
Linked to family violence, driving charge with mandatory
• Denies the offending
disqualification, second hand dealer of ences.
• Is under the age of 18
Linked to a non-specified offence/s that wil  have charges laid for court
• Declines the option for TPO
(bundle al  charges to one pathway through court)
Then you cannot refer to TPO.
If a lower level intervention (such as a formal
As a rule of thumb, driving offences that hold a mandatory vehicle
warning or education) would be suf icient to
impoundment wil  not qualify as a ‘specified of ence’. If TPO is sought
deal with the matter that should be the
preferred pathway.
this should be with approval from both your supervisor and TPO
Liaison Officer or SRC.
Equal y, if a TPO referral would not be an
adequate response to the particular of ending
prosecution should be considered.

Key Decision Making:
Safety
Reparation
Statute of Limitations
Risk to victims, partner agencies, police and panel
Can it be paid before the statute of limitations runs
members. Is the offender considered HIGH RISK or has a
out?
history of being volatile or other associated flags/risks?
When the offence has a short statute timeframe
remaining, referrals need to be timely to ensure
Unfortunately, we know there are individuals in our
Is it feasible for them to pay it ? TPO does not have
sufficient time for TPO process.
communities that may pose a risk, and unlikely to adhere to
the ability to impose a reparation schedule payment
Al ow 8 weeks minimum.
processes that fall outside of bail conditions and the court
plan outside the statute of limitations e.g. $10 per
process.
week for 24 months.
Multiple Offences
Linked Charges
Formal Written Warnings
You can add more than one offence to your
If there are linked charges that don’t meet TPO
FWW’s stil remain a resolution option in the
referral, but be reasonable. For example, if
criteria, can these all be considered for TPO
appropriate circumstances. The use of a FWW
someone has more than five shoplifting offences,
through exemption for bundling to TPO?
wil require supported narrative in NIA outlining
TPO may not be appropriate.
If not – bundle for court.
the reason TPO is not used.
Victim not on board
Discretionary Vehicle impound
Need assistance?
Consider whether or not it is appropriate to impound
Ideally, we want the victim to be on board with
a vehicle.
Contact:
the process, but they do not have to agree. It is a
Police decision.
There is a significant financial cost to Police for
[email address]
impounding vehicles where no formal Court Process
has been started (no charge filed) and it can place
If you are not sure, talk it over with your
added financial stress for people who are already
supervisor, SRC or TPO Liaison Of icer.
struggling if asked to pay via a TPO plan.

If you have any questions, please
talk to you supervisor in the first
instance, or reach out to
[email address]