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DAVID WALKER / STUFF / Things
The Independent Authority for Police Conduct said the search was an “abuse of power.” (File photo)
Police who took photographs and disclosed personal information while searching an Auckland motel have been criticized by the Independent Police Conduct Authority.
The motel in Warkworth, which is believed to be a hotspot for criminal activity, was searched on December 6, 2016.
Its owners complained to the IPCA after learning that the police had disclosed personal information, including photographs taken during their search, to the owner.
The search resulted in the arrest of one of the motel’s business owners and another person for drug offenses.
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Subsequently, in early 2017, the owners were told that their lease would be canceled. They sold their business at a substantial loss.
The authority’s chairman, Judge Colin Doherty, said the authority determined that parts of the search were illegal as police had no reasonable reason to suspect that there was evidence in some of the locations they searched.
After the search, the IPCA said a police officer called and emailed the owner, sending him photographs taken from private areas of the motel.
LAWRENCE SMITH / Things
Police Superintendent Naila Hassan said the officer involved had been spoken to about his actions.
“The photographs wrongly hinted that the public areas of the motel complex were kept in poor condition,” the IPCA decision said.
“The officer then disclosed more personal information, with the intention of convincing the owner to remove the owners of the motel business from their lease.”
Judge Doherty said the officer also lied to other officers during the police investigation.
“While the police were justified in addressing what they perceived to be a problem in the community, the actions they took were an abuse of police power that had significant consequences for those involved.
“The main official responsible for the illegal disclosure of personal information had received little training in this area. It is unsatisfactory for an officer to be employed in the police intelligence area without such training. “
Waitematā District Commander Superintendent Naila Hassan said police acknowledged the watchdog’s findings.
“As the IPCA notes, the police were justified in addressing a known problem with criminal activity at that location.
“While some of the information provided to the owner was inaccurate, the officer believed they were acting in the best interest of the Warkworth community.”
Hassan said the investigation showed there were lessons to be learned.
They had talked to the officer about what they had done.
“The police take privacy issues very seriously and we have processes in place regarding the handling of requests for official information,” he said.
“When mistakes are made, we make sure we learn from them to make sure they don’t happen again.”
