Table of Contents
Nathan Seiuli
PILLAR (Protecting Individual Life, Liberty, and Rights) is dedicated to defending fundamental freedoms in New Zealand. PILLAR works to ensure that responses to modern challenges remain consistent with democratic values and the protection of individual rights.
PILLAR is calling for careful scrutiny and vigilance as parliament considers the Policing Amendment Bill.
Proposed amendments in their current form pose threats to privacy rights, as well as the right to freedom of movement, in disproportionate and unnecessary ways. PILLAR has always warned about subjective and vague language in law making. Such language is open to abuse and risks deteriorating public trust in our liberal institutions.
Liberal democracies rely on a strong and well-trusted police force focused on the protection of individual rights and freedoms. Laws that threaten the public’s trust in the role and function of the police are a threat to a flourishing democracy. That trust does not come automatically: it is earned and it must be protected.
The Policing Amendment Bill, in its current form, gives police the power to record and retain images and videos of the public en masse for the carrying out of policing and intelligence purposes, with little to no objective safeguard. This is a threat to everyday Kiwis’ privacy. The Privacy Commissioner has also raised concerns about the current safeguards.
Furthermore, the bill expands police powers to enforce temporary road closures, allowing them to shut areas to traffic, including pedestrians. If left vaguely defined, this could impact public protests and counter-protests deemed ‘anti-social’. Paired with the government’s recent announcement on vaguely defined ‘move-on orders’, this does not send a positive signal about their concern for basic liberties.
Should this bill pass, there must be strong and explicit provisions and safeguards for privacy and freedom of movement.
Well-intentioned laws can undermine trust if they are not carefully designed, clearly limited and transparently applied.
PILLAR believes that any reform in this area must proceed with a clear focus on long-term legitimacy. This means ensuring that new powers are clearly defined and constrained, proportionate to the harms they seek to address and consistent with the fundamental rights and freedoms that underpin New Zealand’s legal system.
Public trust, once diminished, is difficult to rebuild and recent years of police misconduct should have woken our lawmakers up by now. It is essential that parliament takes the time to get this right.
More commentary and a full submission to come.
