Dear New Zealand Police,

Official Information Act Request – Police Handling of Trespass Complaints and Evidential Requirements

Tēnā koutou,

I am making the following request under the Official Information Act 1982.

This request relates to New Zealand Police policies, procedures, guidance, and operational practice concerning the enforcement of trespass notices issued under the Trespass Act 1980.

I am seeking information to better understand what evidential requirements, assessment processes, and decision-making considerations apply when Police are asked to take action in relation to an alleged breach of a trespass notice.

Requested information

Please provide copies of any current:

1. Policies, procedures, operational instructions, practice notes, guidance documents, manuals, aide memoires, training material, or operational guidance relating to:

• enforcement of the Trespass Act 1980;
• investigation of alleged breaches of trespass notices;
• evidential requirements before enforcement action is taken;
• prosecution decision-making relating to trespass matters;
• complaints involving schools, educational facilities, or public institutions.

2. Any guidance provided to Police staff regarding:

• assessing the validity or apparent validity of a trespass notice;
• assessing witness evidence in trespass complaints;
• evidential thresholds for prosecution or enforcement action;
• circumstances where no further action is taken;
• the role of complainants in providing evidence;
• documentary evidence required before enforcement action is considered.

3. Any templates, checklists, standard operating procedures, or investigative frameworks used when assessing alleged breaches of trespass notices.
4. Any guidance regarding:

• situations where the person trespassed is the parent or caregiver of a child enrolled at a school;
• disputes involving ongoing parent-school relationships;
• consideration of alternative dispute resolution or de-escalation approaches.

5. Any national guidance, discussion papers, reviews, or reports produced since 1 January 2015 concerning:

• Police enforcement of school-related trespass notices;
• complaints involving parents of enrolled students;
• issues, risks, or challenges arising from enforcement of trespass notices in educational settings.

Statistical Information

6. If held, please provide any national-level statistical information since 1 January 2015 relating to:

• reported breaches of school-issued trespass notices;
• prosecutions commenced for alleged breaches of school-issued trespass notices;
• outcomes of those prosecutions.

Clarification Requested

If some or all of the requested documents do not exist, please advise:

1. What information Police ordinarily expect to receive from a complainant before considering enforcement action relating to an alleged breach of a trespass notice.
2. Whether Police have any minimum evidential expectations regarding:

• witness statements;
• written complaints;
• incident records;
• CCTV footage;
• supporting documentation.

3. Whether Police assess only the alleged breach itself, or whether Police may also consider the surrounding circumstances giving rise to the trespass complaint.
4. Whether any specific guidance exists regarding school-issued trespass notices involving parents or caregivers of enrolled students.

If any part of this request is considered too broad, I would appreciate Police contacting me to discuss refinement under section 18B of the Official Information Act before any decision to refuse the request.

I would appreciate the information electronically where possible.

Kind regards,
Spencer Jones