Cabinet has today taken decisions to amend the Policing Act, reaffirming the organisation’s ability to gather intelligence in public places, and expand Police powers to temporarily close areas in response to antisocial behaviour or public safety risks.
Police Minister, Mark Mitchell said recent court decisions had created uncertainty around the ability of Police to record images in public places for lawful purposes.
The proposed amendments will reaffirm the prior common law position, making it clear that Police can collect and use images in public spaces, and in places where Police are lawfully present, for all lawful policing purposes, he said.
“This includes intelligence gathering and crime prevention and other Policing functions and associated activities,” said Mr Mitchell.
The changes restore Police’s ability to detect and prevent crime, support prosecutions, and ensure that vital information can be lawfully collected and retained for lawful purposes, the Minister said.
“The amendments will also help Police respond to evolving threats, such as organised crime and gang activity, and support a wide range of interventions, from public safety to youth offending and family harm,” he said.
The amendments will also expand Police’s powers to temporarily close areas in response to antisocial behaviour or public safety risks.
Police will be able to:
- Close a broader range of areas, not just roads, to manage disorder or emergencies;
- Direct vehicles and individuals to leave closed areas and, where necessary, arrest those who fail to stop their vehicle for Police, for the purpose of issuing a direction;
- Issue infringement notices and, where necessary, arrest those who refuse to comply or provide identifying information;
- Detain and move individuals who refuse to leave closed areas, ensuring Police can respond effectively where danger or disorder exists, or serious crimes have been committed.
The Minister said the new powers will provide clarity and consistency for frontline Police, ensuring they have the necessary tools to manage non-compliance and keep communities safe.
As with all Police powers, the changes will be subject to strict oversight and accountability. Police will exercise discretion and act proportionately in all circumstances, with continued monitoring by independent authorities, Mr Mitchell said.
Legislation will now be drafted, with the changes to go through a legislative process in due course.Â
