New laws recommended on protests and public order

That was one of the recommendations to come from a two-year review that was commissioned after police received 168 complaints linked to demonstrations during an appearance by activist Kelly Minshull, also known as Posie Parker, at Auckland’s Albert Park in March 2023.

Police did not respond adequately to developments as they unfolded at the event, called Let Women Speak (LWS), the review found.

Let Women Speak was abandoned after about 2000 protesters arrived and drowned Minshull out, surrounding her and her supporters on a band rotunda at the park. Several LWS supporters were assaulted.

The review found that Police had insufficient staff to manage the general disorder in any meaningful way.

The review said New Zealand did not have any specific laws governing protests and public order, and that needed to change.

“At the operational level, this lack of statutory guidance results in a systemic failure to provide Police with sufficient guidance as to what reasonable limitations can be imposed when they are planning for a protest event,” the review said.

Laws about trespass, disorderly behaviour and breach of the peace are not well-suited to protest situations.

Instead, the review contends, there should be a new Public Assembly Act requiring notification of public assemblies, and Police should have new powers.

The most senior officer at the scene should be able to impose conditions on the protesters. Similar conditions can already be applied in advance for protests on public roads or throughways or for an occupation.

“We have also proposed that, in respect of protests, the current offence structure be substantially revised to provide better protection of protesters’ rights and more clarity and certainty as to the limits of the law for both protesters and police officers alike,” the report said.

The report said that any condition or instruction should not unreasonably limit the rights of freedom of expression, movement or assembly and a general power to require people to “move on”, as exists in the United Kingdom and parts of Australia, was not appropriate.

But Police should be empowered to arrest people who disobeyed their instructions during a protest.

The review also recommended that Police or councils should be allowed to charge protest organisers for some or all of the cost of traffic management.

FULL STORY

Police training and procedures for protests need an overhaul – IPCA | RNZ News (By John Gerritsen/Radio New Zealand)

18 February 2025 – IPCA Public Report – Thematic Review on the policing of public protests in New Zealand.pdf ICPA