Te Paati Māori co-leader Rawiri Waititi said it was not acceptable for police to continue using controversial practices to take and store photos and data about people. Photo: RNZ / Angus Dreaver
Te Paati Māori is demanding action after revelations the police have routinely illegally photographed and filmed people.
An independent investigation found systemic problems and some illegal practices in how the police take, store and handle peoples' images and information.
It was RNZ reporting of the unlawful photographing of young Māori in Wairarapa that triggered the Independent Police Conduct Authority and the Privacy Commission's joint inquiry.
Responding to the report's findings, Te Paati Māori co-leader Rawiri Waititi said the police practices described were both unsurprising and unacceptable.
"This has been an illegal act by those who are supposed to be upholding, enforcing the law," Waititi said.
"So we need answers immediately; who made this decision, on what grounds they made this decision and what the consequences are."
The police had already made some changes to their practices after the Office of the Privacy Commissioner issued them a compliance notice in December 2021.
This included more training, and Police Commissioner Andy Coster estimated that thousands of photographs believed to have been taken illegally had been deleted.
Coster said the police accepted the findings relating to photos taken of young people but did not accept all of the findings out of the inquiry.
He said the rules had implications for the organisation's ability to effectively investigate and prevent crime.
"The key point is our people are feeling constrained in their ability to deal with particular crimes at the moment as a result of us complying with the Privacy Commissioner's notice."
Police Minister Chris Hipkins said he was open to receiving advice from the police once they have had time to consider the impact of the recommendations.
"Evidence gathering is a core part of the job police do. While there do need to be protections in place to protect privacy there is a balance to be struck."
Waititi said it was wrong to ask those who had broken the law for advice on it.
"If [someone's] deemed to be doing something illegal, you don't go to that person to ask for advice. This is the responsibility of the minister, ultimately, and the commissioner."
Police Association president Chris Cahill rejected the report's findings. He expressed concern they could mean criminals get away with breaking the law.
National Party police spokesman Mark Mitchell said the association had raised important issues that should not be ignored.
"A key concern would be if Police are holding back from charging offenders because of issues raised in this report - it is not fair on victims of crime to have justice delayed, so it's important that a resolution is prioritised and settled quickly."
Green Party police spokewoman Golriz Ghahraman said it was up to the government to set the tone for policing in New Zealand, which she argued had relaxed in recent years.
"We've had years of incentivising parties to unlawfully search people, target people, go on these mass breaches of rights just in case they find something - and that's police culture that we don't want in New Zealand."
Ghahraman said the police minister must make it clear to the commissioner that illegally photographing people was not acceptable.
She suggested changing the Evidence Act, making any evidence gathered illegally unusable to secure prosecutions in court, as a good start in reforming laws.
