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The Commissioner for Children is demanding to know whether police routinely take photographs of youth on the street across the country.
Andrew Becroft, Commissioner for Children
Photo: RNZ / Rebekah Parsons-King
He joins others, including Wairarapa iwi, calling for an investigation after police in the region admitted to illegally taking pictures of young Maori.
Whānau in Wairarapa described his children walking alone in broad daylight when the police approached and insisted that they take a photo before letting them go on their way.
Children’s Commissioner Andrew Becroft said what was being described was shocking.
“This is not constructive or responsible policing,” he said.
“This kind of practice is completely corrosive and useless. And without a valid arrest it would be difficult to see how there would be any basis for taking photographs, and it would be very difficult to see how a child or youth could give any meaningful consent to such a process.
“I think it’s just wrong.”
Following RNZ inquiries, Wairarapa police revealed that an August search found three photographs, all of young Maori, in violation of the law and had since been destroyed.
Police said the youths matched descriptions of suspects identified in a series of car thefts in the middle of the year.
They said that all other photographs of young people at the time were taken legally.
But Wellington Police District Commander Corrie Parnell was surprised when RNZ informed her of multiple reports describing a pattern of police officers photographing tamariki in the region dating back at least two years.
Judge Becroft wants answers from the Juvenile Police division and a nationwide investigation.
“I’ll let the [Police] Commissioner and the [Police] Minister knows our concerns.
“I think it is in everyone’s best interest to follow up and make it clear in one way or another whether it is just a local policy in which overzealous policemen have been wrong, or if it is a national policy.”
“And I would like to know for sure which police officers are receiving instructions on what they can and cannot do.”
The Independent Police Conduct Authority (IPCA) contacted police about the matter on Monday.
Although it is not an investigation at this stage, the IPCA has agreed with the police that the matter will be considered within the framework of the Memorandum of Understanding between the authority and the police commissioner.
Community Law Executive Director Sue Moroney agreed that an urgent review was needed.
“I think what New Zealanders need is certainty about how widespread this practice has been, how this particular section of this law has been used or potentially misused across the country.
“And rest assured that the police are acting within the law throughout the country.”
He said community law member YouthLaw Aotearoa would help youth file a complaint if they believed they had been illegally photographed.
“They would be willing to support any family or person who has been subjected to this practice to consider the possibility of taking a complaint to the Independent Police Complaints Authority, if there are reasons for it.”
Police admit that more people may have been incorrectly photographed and want anyone concerned about their rights being violated to come forward.
Privacy Commissioner John Edwards said in a statement that he had asked police for more information on the matter.
He says new privacy laws that took effect this month make the Police’s obligation to collect personal information from young people even more explicit in a lawful, fair and non-intrusive manner.
The police have cited a section of the Oranga Tamariki Law as the legal basis for other photographs of young people that they said were taken legally.
Aotearoa Barrister and YouthLaw President Simon Judd told Morning Report that this section dealt with arrests and did not give police the power to photograph people on the street.
