Police used search powers ‘only once’

Warrantless search powers — given to police under controversial laws passed under urgency last month — were used only once to enforce alert level 2 restrictions, police say.

Parliament’s finance and expenditure committee is reviewing the operation of the Covid-19 Public Health Response Act, basically a retrospective select committee process, after pressure from the Opposition and civil rights groups.

While New Zealand has now moved out of of level 2, the powers for authorities to enforce restrictions if the country returns to higher alert levels remain on the statute books.

Police Commissioner Andrew Coster told MPs yesterday that those powers had — for the most part — not been used. “We’ve only used them once and that was for a private dwelling in Canterbury . . . a group of young people having a party.”

Coster said there were safeguards in place when an entry did occur, including reporting requirements.

Much of the concern about those powers has been around police ability to search private and commercial dwellings, including marae, without a warrant.

Coster said police met with iwi leaders to address their concerns. “We worked to put in place guidelines that required our people to consult with the district command centre or our national command centre before exercising that power

. . . and where possible that there should be engagement with iwi.”

The National Party voted against the bill — citing overreaching powers, a rushed process and a lack of proper scrutiny, a criticism that was echoed by the Human Rights Commission.

Chief Commissioner Paul Hunt said: “Two working hours to marshal comments on complex legislation replete with major human rights issues is deeply unacceptable.”

Disability Rights Commissioner Paula Tesoriero said the impact on disabled people during the Covid-19 response could not be understated.

She told MPs that included people having their services disrupted due to a lack of personal protective equipment (PPE).

“It was deeply disappointing that the act passed without providing disabled people any opportunity to have input into it, let’s not forget disabled people make up 24 per cent of New Zealand’s population.”

The finance and expenditure committee must report back to Parliament by July 27.