IR-01-25-39560
12 November 2025
Paul White
[FYI request #32692 email]
Tēnā koe Paul
Request for information
Thank you for your Official Information Act 1982 (OIA) request dated 30 October 2025.
You wrote:
Dear New Zealand Police,
I refer to;
Police Instructions Policy
According to section 30(1) of the Policing Act 2008, al Police employees are
required to adhere to the guidelines in the Police Manual and Local Orders, as
published in Police Instructions. where relevant to their role, and to follow the
recommended practices and procedures unless there are valid and justifiable
reasons for not doing so.
In a situation where an Officer decides to not adhere to Police Instructions,
evidential sufficiency did not allow an arrest, however the Officer under S.315 of
the Crimes Act makes the arrest and charges the suspect.
Before responding to the rest of your OIA request, I believe it necessary and important to
make clear what that section of the Act actual y says, so that there is no misinterpretation.
It states:
1. Every Police employee must obey and be guided by –
a. general instructions; and
b. the Commissioner’s circulars; and
c. any applicable local orders
2. Every Police employee must obey the lawful commands of a supervisor
The information I request;
- An Officer's obligations fol owing the arrest to make a report/record or inform a
senior member of the valid and justified reason for not adhering to Police
Instructions.
There are a total of 645 Police Instructions that guide Police employees day to day,
however many of them would not be relevant/applicable to an instance of an officer
making an arrest during the course of their duties and then having to justify not adhering
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
to them. For example, the ‘Unpublished names on the electoral role’ Police Instruction
would not apply in this instance.
This part of your request is therefore refused under section 18(f) of the OIA as the
information requested cannot be made available without substantial col ation or research.
- In the event the arresting Officer either does not report or is not required to
report their reasons for not adhering to Police Instructions, what oversight is in
place to review the arrest and whether it was unlawful.
Every arrested person has the right to be promptly charged and brought before a court or
released (includes release on bail or without charge). This provides judicial oversight of
the arrest and charges.
The person in charge of the Watchhouse (custody area) that the detained person is taken
to oversees the arrest and charging process. The arresting officer must have approval
from the officer in charge of the Watchhouse before releasing a person on Police
bail. This provides supervisory oversight of the arrest and charges.
The arresting officer must record a case within the National Intel igence Application (NIA)
that contains Occurrence, Incident/Offence and Clearance Records, and the information
must be accurate. This provides a record of the actions taken.
Failure to comply with the ‘People in Police custody’ policy may result in Police
employees being subject to enforcement under the Health and Safety at Work Act 2015.
This provides independent agency oversight of the Police officer’s actions.
Also, if a detainee wants to make a complaint the officer told must receive that complaint
and:
•
Record initial details of the complaint in their notebook or the Electronic Custody
Module
•
Refer it as soon as possible to their supervisor; and
•
The supervisor must document the complaint and send to the District Police
Professional Conduct Manager.
A ful statement or further investigation may be deferred to:
•
Al ow the detainee to recover from the effects of drink, drug or other substance
•
Al ow the detainee to seek advice (if requested or deemed appropriate)
•
Ensure the complaint is taken by employees who are not directly involved in
actions that may be the subject of the complaint.
It is important to gather information regarding the complaint as early as possible and
preferably before transfer or release. These requirements provide independent
investigative oversight of the officer’s actions.
When an al egation of assault by a Police employee is made, custody staff must consider
seeking a medical examination of the detainee at the earliest opportunity. Any decision
not to seek medical attention must be recorded in the custody module at the time, noting
the reasons for the decision. This provides medical oversight of the detainee’s health.
- Any other information that may relate to an Officer not adhering to Police
Instructions.
The New Zealand government has signed the United Nations agreement Optional
Protocol to the Convention Against Torture (OPCAT) which requires Police detention
facilities to be independently inspected. The inspections are carried out by the
Independent Police Conduct Authority and:
•
May include inspecting facilities, viewing records, interviewing detainees, and
making recommendations
•
Are designed to protect against torture, or other cruel, inhuman, or degrading
treatment or punishment and aim to prevent abuses happening in the first place,
rather than just dealing with complaints of il treatment after they have happened.
This provides independent-from-the-Police oversight of arrests and people in Police
custody.
If the action(s) breach the Police’s Code of Conduct it may result in formal disciplinary
action and consideration of how harm caused can be restored.
Where there is enough information to recommend the most appropriate employment
process action, this may include:
•
No further action
•
Early resolution
•
Alternative (to disciplinary process)
•
Disciplinary meeting
•
Employment investigation
Where there is potential criminality
•
Criminal investigation
•
Dual (i.e., criminal investigation and an employment process)
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.
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.
Ngā mihi
Superintendent Dave Greig
Director Operational Capability
