IR-01-26-4080
19 February 2026
S.I
[FYI request #33637 email]
Tēnā koe
Thank you for your Official Information Act 1982 (OIA) requested received 5 February
2026, in which you asked:
In a NZ Herald article dated Feb 3rd 2026 reporting on an IPCA finding critical of
a police officers actions in a traffic stop and resulting arrest, Superintendent Naila
Hassan, Waitematā district commander made the fol owing statement:
“Police consider that such gestures may reasonably indicate driver impairment,
so stopping a driver’s vehicle to determine whether the driver is impaired is
squarely within a police officer’s lawful authority."
"Police found his actions were lawful and justified given that he was acting within
his capacity as a police officer and in accordance with the Land Transport Act
1998,” Hassan said.
Please supply me with all relevant police policy documents, educational material,
legal advice and operational directions to officers that relate to hand gestures
reasonably indicating driver impairment, how police arrived at that position and al
information that supports that position.
Police does not hold any policy, training material, operational directions or legal advice
that identifies particular hand gestures as impairment indicators.
Rather, it is an offence to drive a vehicle while impaired; see, for example, sections 56,
and 58 of the Land Transport Act. A police officer is empowered under section 113 of that
Act to enforce transport legislation, including the Land Transport Act. Section 68 of the
Land Transport Act authorises an officer to require any driver of a motor vehicle on a road
to undergo a breath screening test. That the driver gestured to the officer was not
required in order for the officer to lawful y stop that driver for the purpose of requiring her
to undergo a breath screening test, however the professional judgment of the officer, at
that time, was that the driver's conduct could indicate impairment on her part.
As such, your request is therefore refused under section 18(e) of the OIA as the
document al eged to contain the information requested does not exist or, despite
reasonable efforts to locate it, cannot be found.
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
If you are not satisfied with the way I have responded to your request, you have the right
under section 28(3) of the OIA to ask the Ombudsman to review my decisions.
Information on how to do this is available online at
www.ombudsman.parliament.nz.
Yours sincerely
Superintendent Steve Greal y
Director: Road Policing
New Zealand Police
