justiceforallinc

Submission to the Justice Committee on the Policing Amendment Bill 2026

To: The Justice Committee
Date: 19 April 2026
Subject: Submission Opposing the Policing Amendment Bill 2026

1. Introduction

We strongly oppose the Policing Amendment Bill 2026. While framed as providing “certainty” after Tamiefuna v R [2025] NZSC 40, it instead grants sweeping new surveillance powers. It effectively overturns findings by the Supreme Court, the Privacy Commissioner, and the IPCA that certain police practices were unlawful. This Bill goes too far—eroding privacy, weakening safeguards, and risking entrenched discrimination.

2. Key Concerns

Intelligence Gathering & Surveillance

• No real threshold: Police could record images and audio based on a vague belief it might be useful later—shifting from targeted investigation to broad monitoring.
• Rewriting illegality: The Bill attempts to legitimise past unlawful surveillance, including large-scale photographing of the public—disproportionately affecting Māori.
• No clear limits: There are no firm rules on data storage, access, or deletion—opening the door to permanent databases of innocent people.

Closures & Enforcement

• Expanded powers: Police could close roads, parks, beaches, and other public or private spaces, restricting movement widely.
• Heavy-handed enforcement: Warrantless arrests, force, and penalties (including imprisonment) for non-compliance are excessive.

3. Impact on Māori and Children

• Disproportionate harm: Māori—especially rangatahi—are likely to face increased surveillance.
• Cultural rights at risk: Capturing images of tā moko without consent undermines tino rangatiratanga and protections of taonga.
• No meaningful consultation: Māori voices have not been adequately included.

4. Recommendations

The Committee should:

1. Reject the Bill.
2. Require deletion of unlawfully collected data before any new powers are considered.
3. Strengthen protections for children and young people.
4. Enforce strict limits on data use, storage, and bias (including AI/facial recognition).
5. Require clear notice when people are being recorded, except in truly exceptional cases.

5. Conclusion

This Bill prioritises police convenience over fundamental rights. It risks normalising mass surveillance and undermining public trust. A safe society is not built this way.

We do not wish to be heard in support of this submission.