About this guide

This guide was written by a former staff member of the IPCA and is based on their experiences with the Authority, with an aim of assisting those who are making a complaint.

What is the Independent Police Complaints Authority (IPCA)?

The Independent Police Conduct Authority (IPCA) is the organisation that deals with complaints about employees of New Zealand Police, including sworn staff (police officers) and non-sworn staff (call handlers, front desk staff, some police prosecutors etc.).

The IPCA is independent of Police and of the public. This means they don't work for you or for the Police. Instead, they are neutral.

But please note that the IPCA are required by law to let Police know about all the complaints they receive. With very few exceptions, the information you provide is likely to be passed on to Police.

Please note that the IPCA can not award compensation - that requires the Courts. They do not deal with complaints about traffic infringement notices. They also can not offer legal advice.

What sort of behaviour can you refer to the Independent Police Complaints Authority?

Examples of things you can complain about include:

• if you think that the force that officers used on you was unreasonable
• if you think a member of Police lied to you or someone else
• if you think a member of Police lied to a Judge in Court
• if a member of Police has threatened you or is harassing you
• if you were arrested and you believe Police were wrong to arrest you
• if Police did not respond to an incident and you think they should have
• if Police have not investigated a matter properly or have investigated a matter that you think they should not have
• if Police have prosecuted someone you think they should not have, including you, or they have not prosecuted someone that you think they should have
• if Police have not returned your property after they have seized it
• if you think a member of Police behaved unprofessionally.

You can also make a complaint if you are going to Court, but there will be some things that only the Court can deal with. The IPCA will tell you what parts of your complaint they can't deal with. You would then need to speak to your lawyer or your local Community Law Centre.

Examples of issues raised in complaints can be found on the IPCA website at https://www.ipca.govt.nz/Site/Outcomes/summaries-of-facilitated-resolution.aspx and https://www.ipca.govt.nz/Site/publications-and-media/2024-Reports-on-Investigations/

The Complaints Process

How do I complain about a member of Police?

Anyone can make a complaint about a member of Police:

• online: you can complete an online form available at https://www.ipca.govt.nz/
• email: you can email info@ipca.govt.nz
• post: you can print a complaint form and post it to IPCA, PO Box 25221, Wellington 6140, or post a letter explaining your complaint

If you can't print the complaint form, you can call the IPCA free on 0800 503 728 and ask for them to post a blank complaint form to your address. If posting a complaint to the IPCA, please make sure that it is able to be photocopied.

You need to give as much detail as possible in your complaint, but you also need to be clear so that the IPCA can easily see all of your concerns without missing anything. You should include:

• your name and full contact details
• relevant dates, times, and places
• details of any Police staff involved with your complaint e.g. names, badge numbers, other details such as rank and/or physical description
• detailed information about the incident or decision you want to complain about
• any other relevant evidence.

Please do not include;

• bodily fluids
• biohazards
• explicit / pornographic material

If you need help to make your complaint, you can contact:

• Citizens Advice Bureau (CAB)

◦ Call them on 0800 367 222 or find more information at www.cab.org.nz. CAB can also help you in languages other than English.

• Community Law

◦ Find your local centre at www.communitylaw.org.nz/our-law-centres

• A support person or lawyer.

What happens when I make a complaint?

When the IPCA receive your complaint, they should let you know within seven days that they have received it. They will then assess your complaint so that they can decide what to do with it. This process may include:

• contacting you for further information
• contacting any witnesses you have included in your complaint
• checking relevant Police records
• asking Police for further information e.g. custody footage, an officer's account of what happened.

Police might contact you while your complaint is still being assessed by the IPCA. That's okay, they do this to get more information about your complaint or to try and resolve the complaint with you.

The IPCA then have four possible paths for your complaint:

• the IPCA investigate your complaint themselves
• the IPCA ask Police to investigate your complaint and they oversee it to make sure that everything is done properly
• the IPCA ask Police to do something to resolve your complaint
• the IPCA don't take any further action with your complaint.

The IPCA will tell you by email or letter which path they have decided is best for your complaint. It is possible that it could change paths later on, but this is rare. Due to how many complaints the IPCA receive, it could take them between 2 and 4 months before they make their decision and tell you.

Investigations into complaints are rare, especially investigations by the IPCA. This is because they only investigate the most serious cases. Some examples of these include where a Police officer has shot somebody, which is always investigated by the IPCA. If the IPCA decide that your complaint needs to be investigated, they will explain to you what will happen next. This could include a member of the IPCA or the Police speaking to you and other witnesses about what happened. An investigation can take up to a year or longer to finish.

If the IPCA ask the Police to do something to resolve your complaint, they will give the Police a time limit to do so. If the Police have not contacted you during that time limit, you should contact the IPCA and let them know. It is important to know that the IPCA can only ask Police to do something, they can't force them to do anything. Examples of what Police may be asked to do include:

• apologising
• explaining something
• doing something in relation to your complaint e.g. arrange a hui, return your property
• training their staff further in a specific area
• disciplining their staff according to employment procedures.

You can say what you want Police to do in response to your complaint, and the IPCA will consider this when they make their decision. However, the IPCA don't have to follow your suggestions. Additionally, if Police agree to do something with their staff directly e.g. training or discipline, the IPCA might not tell you about this. Finally, it is important to know that the IPCA can't help you get compensation from Police.

The IPCA might not take any further action on your complaint because:

• your complaint is about something that happened more than 12 months ago
• your complaint is minor
• your complaint is considered to be frivolous or vexatious or not made in good faith
• you are not the person directly affected and the person who is directly affected doesn't want the IPCA to take further action
• you made your complaint anonymously and the IPCA therefore can't contact you to get the information they need to assess your complaint
• there is a better place to resolve your complaint.

Other organisations can also deal with some complaints about Police. This includes the Courts, who deal with criminal proceedings and civil proceedings; the Office of the Privacy Commissioner, who deal with complaints about Privacy Act requests and some other privacy matters; the Police Infringements Bureau, who deal with traffic infringements such as speeding tickets. Additionally, your complaint might have civil issues, which the IPCA can't deal with.

What happens if I don't agree with the IPCA's decision?

If you disagree with the IPCA outcome, you can contact the IPCA via:

• the online expression of dissatisfaction form
• a printed copy of the online expression of dissatisfaction form posted to the IPCA
• write to the IPCA.

You will need to include:

• your personal contact information i.e. name, address, telephone number and email address
• the IPCA reference number (which can be found at the top of any letter or in the subject line of any email from the IPCA)
• a clear and specific explanation of what you are dissatisfied with
• any new information relating to your complaint.

-- Main.JudiEathorneGould - 30 January 2025