Dear New Zealand Police,

I refer to;
Police Instructions Policy
According to section 30(1) of the Policing Act 2008, all 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 CrimesAct makes the arrest and charges the suspect.

The information I request;

- An Officer's obligations following the arrest to make a report/record or inform a senior member of the valid and justified reason for not adhering to Police Instructions.

- 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.

- Any other information that may relate to an Officer not adhering to Police Instructions.

Should you wish further clarification please let me know.

Yours faithfully,

Paul White