New powers for police to take photos of public widely criticised
Monday, 11 May 2026
A bill that gives police the power to film and photograph the public has been criticised for being a privacy risk, disproportionately affecting Māori and directly contradicting recommendations that rules be tightened.
The bill would allow police to collect and use images in public spaces, even if a person is not suspected of a crime. It also expands police powers to declare areas off-limits if they anticipate any public disorder.
The bill was presented to Parliament by Police Minister Mark Mitchell, following two events that narrowed police powers to record in public spaces.
The first was when police were ordered to stop taking casual pictures of the public following reporting by RNZ in 2020, which exposed officers for photographing tens of thousands of people, mostly Māori teens.
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The Independent Police Conduct Authority (IPCA) and the Office of Privacy Commissioner (OPC) launched an investigation as a result.
The second was when the Supreme Court threw out a case which relied on a photo of an offender taken during a routine traffic stop.
About to enter its second reading in Parliament this week, public submissions recently concluded.
What people had to say
Privacy Commissioner Michael Webster said the change could lead to excessive collection and retention of personal information, was likely to disproportionately affect Māori and harm the privacy interests of children and young people.
Community Law Centres Aotearoa wanted the bill scrapped, arguing the new power directly contradicted the recommendations of the joint IPCA and OPC inquiry that the rules be tightened.
With the over-representation of Māori at all stages of the criminal justice system, plus the inquiry finding inequities towards Māori, it was likely they would be photographed and recorded more by police than non-Māori, the submission said.
The expanded power to close areas could be used to restrict freedom of movement, and it was concerned public places where people may be gathering to protest peacefully would be closed off.
Police appeared to not have the necessary internal policies and obligations to responsibly and effectively store the information collected for intelligence purposes.
The New Zealand Law Society’s submission said the proposals were “concerning” and the powers to take photographs could be inappropriately used, with adverse outcomes.
The reason to progress the bill so rapidly, without public consultation, was unclear and it was concerned that the powers would lead to police bias and profiling.
“It in turn risks undermining, longer term, the effectiveness and credibility of the wider justice system.”
The New Zealand Council for Civil Liberties called it an “attack on privacy”.
“Tools which can hear the faintest conversations through windows exist, as do cameras which can see in the dark or through walls. This bill enables the Police to use these tools for the purpose of surveillance.”
The New Zealand Police Association was in favour of the bill, saying the redefined police surveillance from the Supreme Court ruling went too far in its restrictions on officers.
Police now had less ability than members of the public to take photos in public, despite their responsibilities, it argued.
It was routine police intelligence to use photo databases to identify suspects across investigations, the submission said, and retained police images played a role in solving serious crimes at a later stage.
The association welcomed the new powers to close down public spaces, saying it took “an extraordinary drain” on police resources to monitor and manage often out-of-control events, particularly illegal street racing.
Retail NZ also supported the bill, saying without the ability to record, it was concerned retail crime rates could rise.
Mitchell said he was open to feedback.
“I’ve seen the concerns raised and will consider any sensible changes which improve clarity, but my focus is on restoring the tools police need to keep Kiwis safe.”