Policing Amendment Bill would let police film you, detain you, and demand your name at any public gathering
23 April 2026
FOR IMMEDIATE RELEASE
Turn up to a peaceful protest. An officer films you. A closure notice is issued because a constable judges that "public disorder is imminent." You are directed to leave. You don't. An officer demands your name, address, date of birth, and email. You refuse. You face up to three months in prison.
That scenario is not fiction - every element of it is authorised by the Policing Amendment Bill as drafted, says the Free Speech Union, which yesterday lodged a detailed submission with the Justice Committee.
"This Bill hands police sweeping new powers to record, detain, and compel identification, with no warrant, no independent oversight, and no clear limits," said Jillaine Heather, Chief Executive of the Free Speech Union. "The triggers are vague, the thresholds are subjective, and the penalties are grossly disproportionate to the conduct involved."
The Bill authorises police to film and audio-record anyone in a public place, and to record what they see and hear on private property whenever they are "lawfully present," for purposes that include the undefined category of "intelligence" and a catch-all covering "any other lawful purpose tied to Police activities."
"This is about the chilling effect on free expression and democratic participation," said Heather. "The Supreme Court warned in Tamiefuna v R that police surveillance of protests can suppress political expression - and that recording and intelligence gathering by police must be tied to a specific, lawful policing purpose, not simply conducted at large. By lowering the bar to a mere 'intelligence' purpose, this Bill treats every New Zealander exercising their right to speak as a person of interest. When people know the state is recording them, they stop showing up. That is how a free society goes quiet."
Heather further noted that the power to record for the "integrity of policing" creates a dangerous power imbalance. "It creates a circular dynamic where an officer can film a citizen specifically because that citizen is criticising or filming the police. Instead of the public holding the police to account, the police are empowered to use surveillance to discourage public oversight."
The bill also lets police close off any public space accessible by vehicle, not just roads, including car parks, parks, town squares, areas around marae, schools, churches, Parliament grounds, and protest venues, on the subjective judgement that disorder is "imminent" or that noise is "excessive."
Once an area is closed, officers can direct people to leave, detain them using "reasonably necessary" force, and demand names, addresses, dates of birth, and email addresses. Refusing to hand over these details carries up to three months' imprisonment or a $2,000 fine.
"Protest is often noisy. Chanting, megaphones, collective voices - these are core features of political expression, not public disorder," said Heather. "A law that treats noise as grounds for dispersing a crowd and jailing people who will not identify themselves is not a public safety law. It is a chilling effect dressed up in statutory language."
"The government claims this Bill is needed because the current law is 'uncertain'. The Free Speech Union rejects that framing entirely," said Heather. "What the government calls 'uncertainty' is actually the existence of clear, constitutional limits that the police find inconvenient. This Bill isn't a clarification; it's an end-run around the Bill of Rights to give the state powers they've already been told they shouldn't have. This Bill does not restore the status quo. It changes it."
The Free Speech Union is calling on the Justice Committee to withdraw the Bill and start again. Any replacement legislation must be developed with genuine consideration of the Joint Inquiry findings, the Supreme Court's decision in Tamiefuna v R, and the IPCA's Thematic Review of Police conduct - which together establish the constitutional limits that must be respected to protect New Zealanders' rights under the Bill of Rights Act 1990.
The Free Speech Union's submission highlights that this is the third piece of legislation in quick succession, alongside the Summary Offences and Telecommunications bills, to expand state power over expression.
"We cannot look at this Bill in isolation. It is part of a sustained legislative expansion of state power that erodes our civil liberties piece by piece," said Heather. "The right to gather in public and participate in political life without handing your name to the state is not a technicality - it is a core feature of a free society. We are asking Parliament not to let this Bill pass in its current form."
ENDS
Notes to editor:
The Bill amends the Policing Act 2008 to grant police new powers to collect information and record in public and private spaces, close public areas, direct and detain persons, compel identification, and impose infringement penalties.
Media Contact: Jillaine Heather | [email protected] |
SHARE THIS POST
