Policing Amendment Bill

Policing Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Policing Amendment Act 2026 . 2 Commencement Part 1 comes into force a month after Royal assent. Sections 5(1), 6, and 11 come This Act comes into force 6 months after Royal assent. However, sections Sections 5(2), 7, 8, 9, 10, 12, and 14 come into force on a single date set by Order in Council, which must be after the day on which sections 5(1), 6, and 11 come into force that is 6 months after Royal assent . If sections 5(2), 7, 8, 9, 10, 12, and 14 have not come into force by the second anniversary of Royal assent, they come into force then. An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Principal Act This Act amends the Policing Act 2008. 4 New sections 45A to 45E inserted After section 45, insert: 45A Purposes for which Police may collect information The Police may collect information for 1 or more of the following purposes: a to support the safety of a Police employee while they are performing their duties as a Police employee: b to support the integrity of policing: c an intelligence purpose connected with a function, or an activity, of the Police: d any other lawful purpose connected with a function, or an activity, of the Police. 45B Recording by Police employee: public places 1 A Police employee may, for 1 or more of the purposes set out in section 45A , record, by any means,— a visual images of any person or thing that is in, or that can be observed from, a public place; and b any sound that is emitted from, or that can be heard in, a public place. 2 This section does not authorise a Police employee to undertake any 1 or more of the activities set out in section 46(1) of the Search and Surveillance Act 2012. 45C Recording by Police employee: private property 1 A Police employee who is lawfully on private property may, for 1 or more of the purposes set out in section 45A , record, by any means, anything that they— a can see or hear there; and b do not need to use a surveillance device to see or hear. 1A This section does not limit or affect the ability of a Police employee who is at a Police station or any other place being used for Police purposes to make a recording, including a recording of a visual image or sound that they need to use a surveillance device to see or hear. 2 In this section, surveillance device has the meaning given in section 3(1) of the Search and Surveillance Act 2012. 45D Restrictions on Police employee collecting information for intelligence purpose Despite anything in sections 45A to 45C , a Police employee— a must not collect information for an intelligence purpose unless they consider that the information will or may support the Police in performing a function, or carrying out an activity, of the Police; and b may make a continuous sound or video recording solely for an intelligence purpose only if— i paragraph (a) does not prevent them from making the recording for that purpose; and ii making the recording solely for that purpose is reasonable in the circumstances ; and iii the duration of the recording is not longer than is reasonable in the circumstances. 45E Relationship between sections 45A to 45D and other law 1 The collection of personal information authorised by sections 45A to 45D is subject to information privacy principles 1 to 4 set out in section 22 of the Privacy Act 2020. 2 Nothing in sections 45A to 45D limits or affects— a the Police’s intelligence-gathering function at common law; or b the ability of the Police or any other agency to collect information under— i other legislation; or ii a power given by the common law. 3 In this section, personal information has the meaning given in section 7(1) of the Privacy Act 2020. 4A New section 100A inserted (Review of operation of sections 45A to 45E) After section 100, insert: 100A Review of operation of sections 45A to 45E 1 The Minister must, as soon as practicable after the third anniversary of the commencement of sections 45A to 45E , commission an independent review of the operation of those sections. 2 The review must consider whether— a any amendments to sections 45A to 45E are necessary or desirable; and b any other amendments to this Act relating to sections 45A to 45E are necessary or desirable. 3 The reviewer must,— a in conducting the review, consult the following about the review: i the Police: ii the Independent Police Conduct Authority: iii the Privacy Commissioner; and b complete the review as soon as practicable after being commissioned to conduct it; and c as soon as practicable after completing the review, prepare a report on the review; and d as soon as practicable after completing the report, provide it to the Minister. 4 The Minister must, as soon as practicable after receiving the report, present a copy of it to the House of Representatives. 5 Section 4 amended (Interpretation) In section 4, insert in their appropriate alphabetical order: accessible area means an area of land that is accessible to the public, or a section of the public, by motor vehicle,— a whether for free or on payment of a charge; and b whether or not any owner or occupier of the area is lawfully entitled to exclude or eject any person from it motor vehicle has the meaning given in section 2(1) of the Land Transport Act 1998 vehicle has the meaning given in section 2(1) of the Land Transport Act 1998 In section 4, insert in their appropriate alphabetical order: electronic address has the meaning given in section 4(1) of the Unsolicited Electronic Messages Act 2007 infringement fee , in relation to an infringement offence, means the infringement fee— a for the infringement offence; and b specified in section 46A infringement offence means an offence against section 46A regulations means regulations made under this Act 6 Section 35 replaced (Temporary closing of roads) Replace section 35 with: 35 Temporary closing of accessible areas When subsection (2) applies 1 Subsection (2) applies if a constable believes on reasonable grounds that 1 or more of the following apply in relation to a place (which may, but need not, be an accessible area): a public disorder exists or is imminent at or near the place: b danger to a member of the public exists or may reasonably be expected at or near the place: c an offence punishable by 10 or more years’ imprisonment has been committed or discovered at or near the place: d an antisocial road use offence is being committed, or may reasonably be expected to be committed, at or near the place: e a person is operating, or may reasonably be expected to operate, a motor vehicle at or near the place in a way that— i creates, or is likely to create, noise that, having regard to all the circumstances, is excessive; and ii unreasonably interferes, or is likely to unreasonably interfere, with use and enjoyment of the place by the public or a section of the public; and iii causes, or is likely to cause, damage to, or destruction of, either or both of the following: A the place: B amenities or features in the place: f a group of 2 or more people is causing, or may reasonably be expected to cause, noise that— i is created, or is likely to be created, by any means in or on a vehicle that is at or near the place; and ii having regard to all the circumstances, is excessive. Power to close accessible area or part of accessible area to traffic 2 The constable may, for a period that is reasonably necessary in the circumstances, close to traffic— a the place (if the place is an accessible area); or b part of the place (if that part of the place is an accessible area); or c any accessible area, or part of any accessible area,— i leading to or from the place; or ii in the vicinity of the place. 3 When closing an accessible area or part of an accessible area to traffic under subsection (2) , the constable may specify a type or types of traffic to which the accessible area, or that part of the accessible area, is closed. Definitions 4 In this section,— antisocial road use offence means either of the following offences against the Land Transport Act 1998: a an offence against section 36A(1)(a) (operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)): b an offence against section 36A(1)(c) (without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3)) traffic means all traffic (including pedestrian traffic). 35A Direction to leave, or not to enter, closed accessible area If an accessible area or part of an accessible area is closed to traffic under section 35(2) , a constable may direct a person to leave, or not to enter, the accessible area or that part of the accessible area. 35B Stopping vehicles for purpose of giving direction to leave, or not to enter, closed accessible area If an accessible area or part of an accessible area is closed to traffic under section 35(2) , a constable may stop a vehicle for the purpose of giving a direction under section 35A to any person in or on the vehicle. 35C Moving and detaining person who fails to comply with direction under section 35A 1 A constable who has good cause to suspect that a person has, without reasonable excuse, failed to comply with a direction under section 35A , may do either or both of the following things: a move the person to any place outside the accessible area or the part of the accessible area to which the direction relates: b detain the person at any place outside the accessible area or the part of the accessible area to which the direction relates for the purpose of preventing them from re-entering that accessible area or that part of the accessible area. 2 A constable may use reasonable force, if necessary, to move or detain a person under this section. 3 A constable must not detain a person under this section for longer than is reasonably necessary in the circumstances. 4 In this section, place includes any land, building, premises, or vehicle. 7 New section 35BA inserted (Requiring provision of biographical details for purpose of issuing infringement notice for infringement offence) After section 35B (as inserted by section 6 of this Act), insert: 35BA Requiring provision of biographical details for purpose of issuing infringement notice for infringement offence 1 The purpose of this section is to enable the Police to obtain biographical details from a specified person for the purpose of issuing an infringement notice to the specified person under section 46C in respect of an infringement offence. 2 For the purpose of this section, a constable may require a specified person to provide the specified person’s biographical details. 3 In this section and sections 35C and 54A , biographical details , in relation to a person, means the person’s— a name; and b address; and c date of birth; and d electronic address (if any). 4 In this section, specified person means a person who is not a person from whom a constable may take identifying particulars under section 32 or 33. 8 Section 35C amended (Moving and detaining person who fails to comply with direction under section 35A) Replace section 35C(1)(b) (as inserted by section 6 of this Act) with: b detain the person at any place outside the accessible area or the part of the accessible area to which the direction relates for either or both of the following purposes: i to enable the Police to obtain the person’s biographical details under section 35BA : ii to prevent the person from re-entering that accessible area or that part of the accessible area. 9 New sections 46A to 46G and cross-heading inserted After section 46, insert: Infringement offences 46A Infringement offence to fail to comply with direction to leave, or not to enter, closed accessible area A person who, without reasonable excuse, fails to comply with a direction under section 35A commits an infringement offence and is liable to— a an infringement fee of $1,000; or b a fine imposed by a court not exceeding $3,000. 46B Proceedings for infringement offences 1 A person who is alleged to have committed an infringement offence may— a be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or b be issued with an infringement notice under section 46C . 2 Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957. 3 See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued. 46C When infringement notice may be issued A constable may issue an infringement notice to a person if the constable believes on reasonable grounds that the person is committing, or has committed, an infringement offence. 46D Revocation of infringement notice before payment made 1 The Commissioner may revoke an infringement notice before— a the infringement fee is paid; or b an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957. 2 The Commissioner must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice. 3 The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 46B(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter. 46E What infringement notice must contain An infringement notice must be in the form prescribed in the regulations and must contain the following particulars: a details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence: b the amount of the infringement fee: c the address of the Police: d how the infringement fee may be paid: e the time within which the infringement fee must be paid: f a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957: g a statement that the person served with the notice has a right to request a hearing: h a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing: i any other matters prescribed in the regulations. 46F How infringement notice may be served 1 An infringement notice may be served on the person who the constable believes is committing or has committed the infringement offence by— a delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or b leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or c leaving it for the person at the person’s place of business or work with another person; or d sending it to the person by prepaid post addressed to the person’s last known— i place of residence; or ii place of business or work; or iii postal address; or e sending it to— i an electronic address that the person has given to a constable; or ii if the person has not given an electronic address to a constable, the person’s last known electronic address. 2 Unless the contrary is shown,— a an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and b an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the Police. 46G Reminder notices 1 A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice. 2 Despite section 24(1)(e) of the Summary Proceedings Act 1957, a reminder notice may be served on a person for the purposes of section 21(2) of that Act by sending it to the person by prepaid post addressed to the person’s last known postal address, or by serving it in accordance with section 46F(1)(e) of this Act,— a in addition to the other modes of service set out in section 24(1) of the Summary Proceedings Act 1957; and b without otherwise limiting or affecting the operation of section 24 of the Summary Proceedings Act 1957. 10 Cross-heading above section 47 replaced Replace the cross-heading above section 47 with: Other offences 11 New section 54 inserted (Failing to stop when required by constable exercising power under section 35B) After section 53, insert: 54 Failing to stop when required by constable exercising power under section 35B 1 A person commits an offence if they— a fail to stop as soon as practicable when required to do so by a constable exercising the power under section 35B ; and b know, or ought reasonably to know, that the person exercising the power is a constable. 2 A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000. 12 New section 54A inserted (Failing to provide biographical details to constable exercising power under section 35BA(2)) After section 54 (as inserted by section 11 of this Act), insert: 54A Failing to provide biographical details to constable exercising power under section 35BA(2) 1 A person commits an offence if they fail, without reasonable excuse, to provide their biographical details when required to do so by a constable exercising the power under section 35BA(2) . 2 A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000. 13 Principal Act Section 14 amends the Summary Proceedings Act 1957. 14 Section 2 amended (Interpretation) In section 2(1), definition of infringement notice , after paragraph (jm), insert: jn section 46C of the Policing Act 2008; 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