Govt Moves to Strengthen Police Powers on Public Safety and Intelligence Gathering

The New Zealand Government has announced significant amendments to the Policing Act, aimed at reaffirming the Police’s ability to gather intelligence in public spaces and expanding their powers to temporarily close areas in response to antisocial behaviour, public disorder, or safety risks.

The reforms, approved by Cabinet, come amid growing concerns that recent court rulings have created legal uncertainty around the Police’s authority to record images and gather intelligence in public places—activities essential to crime prevention and public safety.

Restoring Clarity for Law Enforcement

Police Minister Mark Mitchell said the proposed amendments would reaffirm the prior common law position, explicitly authorizing Police to collect and use images in public spaces and other locations where they are lawfully present.

“Recent court decisions have created uncertainty around Police’s ability to record images in public places for lawful purposes,” Mitchell said. “The amendments will make it clear that Police can collect and use images for all lawful policing purposes — including intelligence gathering, crime prevention, and prosecution support.”

The clarification is intended to ensure that Police retain the legal certainty necessary to perform essential duties, including monitoring organised crime, gang activity, family harm incidents, and youth offending. Officials say the changes restore the ability of law enforcement to use modern tools—such as CCTV and body-worn cameras—without ambiguity about their legality.

Expanding Powers to Manage Public Safety

Alongside the intelligence reforms, Cabinet has approved an expansion of Police powers to temporarily close areas in situations involving antisocial behaviour, emergencies, or public safety threats.

Under the proposed changes, Police will be empowered to:

• Close a wider range of areas (beyond just roads) to control disorder or manage emergencies.

• Direct vehicles and individuals to leave restricted zones, and arrest or issue infringement notices to those who refuse to comply.

• Detain and move individuals who refuse to leave closed areas when their presence poses a danger or obstructs law enforcement activities.

• Enforce compliance by arresting those who fail to stop when directed or who refuse to provide identification.

Mitchell said these enhanced powers would “provide clarity and consistency for frontline officers,” ensuring they have the legal backing to act decisively in fast-moving situations where public safety is at risk.

“These changes will ensure Police have the necessary tools to manage non-compliance and keep communities safe,” he added.

Balancing Safety and Accountability

The Government has emphasized that the new powers will remain subject to strict oversight and accountability measures. Police actions under the amended legislation will continue to be monitored by independent authorities, including the Independent Police Conduct Authority (IPCA), to prevent misuse of power.

Mitchell assured the public that discretion and proportionality would guide the use of any new authority. “As with all Police powers, these changes will be used responsibly. Oversight and transparency remain fundamental to maintaining public trust,” he said.

Responding to Modern Policing Challenges

The proposed reforms are part of the Government’s broader law and order agenda, which includes measures to combat organised crime, reduce gang influence, and address community-level disorder. Police leaders have long argued that clearer legal powers are needed to address emerging threats while protecting officers who operate under complex, high-pressure conditions.

Experts have noted that the amendments could also future-proof policing frameworks against legal challenges arising from the use of new technologies such as drones, facial recognition systems, and digital surveillance tools, which have become increasingly important in modern policing.

Next Steps

The legislation will now be drafted and introduced to Parliament for debate and public consultation. Once passed, the amendments are expected to strengthen Police capability to respond to public safety risks more effectively, while ensuring their actions remain aligned with democratic accountability and human rights obligations.

The move has been welcomed by many in law enforcement circles as a measured but necessary response to ensure Police can continue performing their duties confidently and lawfully.

“These changes are about giving Police the clarity they need to do their jobs effectively, protect the public, and maintain order, while ensuring their powers are exercised with integrity,” Mitchell concluded.