IR-01-26-1231
9 February 2026
David Glass
[FYI request #33422 email]
Tēnā koe David
Request for information
Thank you for your Official Information Act 1982 (OIA) request of 5 January 2026. You
asked for information regarding the NZ Police Criminal Charging Advisory Panel (CCAP).
My response to each part of your request can be found below.
1.
Please provide basic information on the Criminal Charging Advisory Panel.
(CCAP) There is very little in the public area, and in legislation. Please provide
prosecuting agency’s statutory function documents and enforcement priority
statements.
Please find attached the Terms of Reference for the Criminal Charging Advisory Panel
(CCAP) which sets out the background, responsibilities, and functionality of the Panel.
2.
Please provide a time-line naming the panel members from 2000 to present. Also
attendance\ non-attendance of meetings, and any 'other' informal gatherings, or
being 'formal' representation of the panel. Include any guests/attendees, or
advisors that were not members but present at the panels/discussions.
CCAP has been functioning since December 2020 with meetings held every two weeks.
Providing a response to this part of your request would require analysis of every meeting
minute since its inception. Therefore, this part of your request is refused pursuant to
section 18(f) of the OIA where the information requested cannot be made available
without substantial collation or research. If you are able to refine your request to a
particular meeting, then Police may revisit this response.
3.
Provide reporting channels (who do they report to), and where the panel sits in
the policing community, who manages and sets the panel meetings, who funds it,
who has authority over it, what media channels do they use to release decisions,
etc.
CCAP is chaired by an Assistant Commissioner (currently the Assistant Commissioner:
Deployment). The Chair is not required to report about the decisions of the Panel. Panel
meetings are organised by a Police Professional Conduct Manager who acts as
secretariat. CCAP is funded within the baseline Police budget. Decisions of CCAP are
released internally to those who are affected by the decisions.
4.
What communication is allowed from the people who are being discussed,
victims, or representatives? Are staff/victim/support statements allowed? Who
(positions, not person) creates the documents that the panel sees?
CCAP receives and reviews criminal investigation reports and occasionally legal opinions
before making a charging decision. Criminal investigation reports contain information
from victims, witnesses, suspects and any other information which is relevant to the
alleged criminal offending. In particular, the views of the victims towards prosecution or
any alternative outcome forms part of CCAP considerations. There is no direct
communication between those involved in an incident and the Panel.
5.
Please provide the panel's guidance and protocol documents, and panel
evaluation criteria/methodology. Any further documents on responsibilities, and
remunerations, prosecuting prosecution policy set out for different actions and
criteria for the use of each enforcement tool, based on a clear understanding of
the tool’s purpose
Please find attached the CCAP Terms of Reference which provides the Panel’s guidance.
Also attached is the New Zealand Police Adult Resolution Decision-Making Framework
Policy which provides guidance about making resolution decisions. Fair and effective
resolution is of great importance to Police outcomes. For example, it helps ensure that
offenders are appropriately held to account, while key Police and sector strategic goals –
like safety, prevention, and public and victim trust and confidence – are enabled through
it. A copy of this policy is available on the NZ Police websit
e here.
6.
Provide the documents for guide in using the public interest test, public interest
test (state it is a direct copy from the SGDG, justice interest test, etc.
Police relies on the Solicitor General’s Prosecution Guidelines when considering the
public interest test. This part of your request is refused pursuant to section 18(d) of the
OIA because the information requested is publicly available. A copy of the guidelines is
available onlin
e here.
7.
Please ask for any excusing from panel members, or conflicts of interests during
the period of time, 2000 to present.
CCAP has been functioning since December 2020 with meetings held every two weeks.
Providing a response to this part of your request would require analysis of every meeting
minute since 2021. Therefore, this part of your request is refused pursuant to section
18(f) of the OIA where the information requested cannot be made available without
substantial collation or research. If you are able to refine your request to a particular
meeting, then Police may revisit this response.
8.
Provide a breakdown of the cases of the panel. Do not include any identifying
information. You could breakdown this information into quantifiable data,
organised by year. But must include overal number, number dealing with staff,
those also investigated by the IPCA, number placed into the system but were not
put in front of panel, those cases put for charge, enforcement action advised,
those cases put for employment matter, those cases not charged or employment
matter, offence types. Include any data that is available to you in that quantitative
form that has been produced from the CCAP information.
The number of cases reviewed by CCAP since 2021 are as follows:
Cases
2021
2022
2023
2024
2025
2026
Total
Charge
29
20
28
19
36
1
133
No charge
57
74
84
45
48
2
310
Pending
4
1
5
Total
86
94
112
64
88
4
448
% charged
34%
21%
25%
30%
41%
25%
30%
The number of al egations also investigated by the Independent Police Conduct Authority
(IPCA) is not recorded in a readily retrievable format. In the majority of cases, al egations
are referred to Police for investigation with active oversight by the IPCA and a ful review
of the file by the IPCA at the conclusion of the investigation. The IPCA has the
opportunity to provide feedback on criminal investigations and proposed resolutions prior
to a decision by CCAP.
CCAP data does not record when a Police employee was charged with a criminal offence
that did not fol ow a CCAP decision. Such situations include an offence against the Land
Transport Act 1998 (such as driving with excess breath alcohol), where an immediate
charging decision was required (for example where there is a safety concern for a victim
and so an arrest is made and bail conditions sought) or charges associated with a critical
incident, such as a death fol owing a Police pursuit (charging decisions are made by the
Territorial Detective Superintendent).
CCAP does not make decisions about employment processes, however, in all matters
where there has been a charging decision required by CCAP, there wil be a paral el
employment process underway.
Offence types considered by CCAP are as follows:
2021
2022
2023
2024
2025
2026
Assaultive behaviour
59
63
69
36
53
3
Fraudulent behaviour
3
5
4
0
5
Accessing computer system for
3
4
16
6
8
1
dishonest purpose
Sexual offending
11
5
4
11
5
Dishonesty
7
12
12
5
8
Drug offending
1
4
2
1
5
Weapons related
1
0
3
1
1
Behavioural offences
1
1
2
4
3
Total
86
94
112
64
88
4
The above data records the primary allegation against each employee. Some employees
have faced multiple allegations. Al egations include both on and off duty behaviour.
9.
Please include any reviews, or informal/informal enquires that has included the
area and authority of the CCAP, include the required guidelines for the risk
commonly but not always called 'netwidening'.
There have been no reviews or enquiries which align with this part of your request,
therefore this is refused pursuant to section 18(e) of the OIA where the document alleged
to contain the information requested does not exist.
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.
Yours sincerely
Detective Superintendent Kylie Schaare
Director: Integrity and Conduct
New Zealand Police
