Are police employees required to Identify themselves to the public when asked for identification?

Tangata Whenua made this Official Information request to New Zealand Police

Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Tangata Whenua

Dear New Zealand Police,

(1) What are the lawful exemptions for an officer who refuses to identify himself/herself?

(2) When a member of the public instructs an officer to identify themselves before answering the officer's questions and the officer identifies a NUMBER instead, is that FRAUD or NEGLIGENCE?

Yours faithfully,

Tangata Whenua

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From: Ministerial Services
New Zealand Police

Tēnā koe Tangata Whenua

I acknowledge receipt of your Official Information Act 1982 (OIA) request below, received by Police on 29 August 2022.

Your reference number is IR-01-22-25995.

You can expect a response to your request on or before 26 September 2022 unless an extension is needed.

Ngā mihi
Catherine
Ministerial Services
Police National Headquarters

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From: Ministerial Services
New Zealand Police


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Tēnā koe                                  

Please find attached the response to your Official Information Act
request, received by New Zealand Police on 29 August 2022.

 

Please accept our apologies for the delay in providing you with this
response.

Ngā mihi

Sarah

Ministerial Services | Police National Headquarters

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From: Tangata Whenua

Dear Sarah (Who is Sarah?) from the Ministerial Services,

How can the public speak to a few numbers and some letters? section 4 of the POLICING REGULATIONS 2008 states

"Evidence of identity and authority
The evidence of identity and authority the Commissioner is required to provide to every Police employee under section 96(1) of the Act—

(a)must bear—
(i)a photographic image of the employee; and
(ii)a unique identifier (for example, an identification number) that distinguishes him or her from every other Police employee; and

(b)must state,—
(i)in the case of an employee with only one name, that name:
(ii)in every other case, the employee's family name, and the other name or names by which he or she is commonly known.

Reference: https://www.legislation.govt.nz/regulati...

This is the evidence of Identity used to confirm their identity. Why are you deliberately trying to mislead myself and the public? Your responses are way too late and inf this rubbish continues, I will be forced to involve the ombudsman

Sincerely,

Tangata Whenua

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From: Ministerial Services
New Zealand Police

 

Kia ora Tangata Whenua

 

In response to your request of 29 August 2022 where you asked certain
questions about Police staff identifying themselves by a number, Police
provided:

1. a link to information held about this; and

2. some examples of Acts that set out when and how Police need to identify
themselves in context-specific situations.

 

In response to your further email of 16 November 2022 in which you said:

 

"How can the public speak to a few numbers and some letters? section 4 of
the POLICING REGULATIONS 2008 states

 

"Evidence of identity and authority

The evidence of identity and authority the Commissioner is required to
provide to every Police employee under section 96(1) of the Act—

 

(a)must bear—

(i)a photographic image of the employee; and (ii)a unique identifier (for
example, an identification number) that distinguishes him or her from
every other Police employee; and

 

(b)must state,—

(i)in the case of an employee with only one name, that name:

(ii)in every other case, the employee's family name, and the other name or
names by which he or she is commonly known.

 

Reference:
[1]https://www.legislation.govt.nz/regulati...

 

This is the evidence of Identity used to confirm their identity. Why are
you deliberately trying to mislead myself and the public? Your responses
are way too late and inf this rubbish continues, I will be forced to
involve the ombudsman"

 

You have correctly identified that the Policing Act 2008 requires the
Commissioner of Police to provide each Police employee with evidence of
their identity and authority. This is given effect to in practice through
all employees receiving an identity card. The Policing Regulations 2008
provide the detail of what information appears on that card.

 

However, as you can see even from the two examples that were provided in
the last letter, when and how a Police employee needs to identify
themselves depends on the specific circumstances. For example, with regard
to section 121 of the Search and Surveillance Act (which was previously
referred to and which contains a power to stop vehicles with or without a
warrant for the purposes of search), if the person affected by such a
search requests it, the officer exercising the power must "identify
themselves either by name or unique identifier" and they are only required
to produce evidence of their identity if they are not in Police uniform.

 

If you would like advice on interpreting and applying the relevant law to
a specific situation (in order to assess whether Police acted
appropriately), you can contact your local Citizens Advice Bureau or
Community Law Centre (most offer free legal advice sessions).

 

Again, our sincere apologies for the delay in providing you with the
response to your OIA request.

 

 

Ministerial Services | Police National Headquarters

 

 

 

 

 

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