Opera North marks silver anniversary
Police accept they were wrong to take images of couple
In future operations our staff will have clearer guidelines to ensure that all actions are lawfully executed under the Land Transport Act. Northland district commander Superintendent Tony Hill
Photographs taken by Northland police of a woman and her partner pulled over at a Ruaka¯ka¯ checkpoint near an event attended by gang members were unlawful, the Independent Police Conduct Authority (IPCA) has found.
The IPCA ruled although the initial checkpoint on November 16 in 2019 was lawful, the point at which police required the woman to pull over to the side of the road where photos were taken by police she was arbitrarily and unlawfully detained for intelligence gathering purposes.
According to the IPCA, police breached the Privacy Act 1993 by photographing the woman and her partner without a reasonable connection to a law enforcement purpose and by failing to provide sufficient information about why the couple were being photographed.
IPCA authority chairman Judge Colin Doherty said police had acted dishonestly.
“Section 111 of the Land Transport Act 1998 was used as a pretext for intelligence gathering, which was a disingenuous and unlawful use of the section.” The IPCA denied the woman’s claims attendees of the “fight night” event, apparently predominantly Ma¯ori, were racially targeted.
Instead Judge Doherty found there was no evidence of overt racism in the planning or carrying out of the operation.
Police had met the event organiser — a gang member — to establish details, who would be attending, and to inform them of the planned checkpoint near the residential address on Takahiwai Rd where the fight night event was being held. A significant number of patched gang members and associates were expected to attend.
Around 30 officers were involved in the checkpoint split into two stages, with a group of officers stopping vehicles on the road to undertake safety checks and another group roadside to gather intelligence from vehicle occupants directed to pull over.
The woman, who had no gang affiliations, was stopped and breathtested. Police checked her warrant of fitness and registration, and an officer asked for her licence.
“She was then asked to pull over to the side of the road where more officers were waiting, which she did,” the report read.
A police officer then photographed her driver’s licence and another of her partner through the front passenger window with the woman in the background using an iPhone.
Police checked her warrant of fitness and registration a second time.
Around a month later the woman lodged a complaint with the IPCA, via her lawyer, regarding her treatment at the checkpoint.
“She believed she had been unlawfully detained and that police did not have authority to photograph her, her partner, or her driver’s licence.”
The police Arrest and Detention policy states a person is detained when they are “deprived of their liberty and not free to go as they please”.
However, it notes some legislation allows people to be stopped or required to provide information in limited situations — such as police checkpoints — and the temporary limitation on their “freedom of movement” in these circumstances does not equate to detention.
A detention becomes arbitrary when a person is arrested or detained without any legislative power for those actions — unless essential for the person’s safety — or their arrest or detention is unreasonable or unnecessary or continues for an unnecessarily long time.
“The direction that Ms Z pull over to the side of the road amounted to detention that was not based on any legislative power to arrest or detain. It was accordingly arbitrary and unlawful,” Judge Doherty outlined in the report.
The photographs — never used by police — were destroyed and police accepted the IPCA’s findings which matched their own internal review, Northland district commander Superintendent Tony Hill said.
“We have reviewed this event and have identified a number of learnings. We have provided additional communication and advice to our staff to ensure they understand their obligations under these Acts when carrying out checkpoint operations.”
Hill said police had positive intentions as they aimed to gather intelligence regarding members of organised crime groups.
“In future operations our staff will have clearer guidelines to ensure that all actions are lawfully executed under the Land Transport Act.”
There is a national review of how police appropriately collect, store and manage information.
A separate review is being undertaken regarding police policy, practice and procedure that specifically relates to the way law enforcement obtain, use and store photographs of young people and adults.
The IPCA and the Office of the Privacy Commissioner are also reviewing police practices used for photographing individuals.
Opera North is set to celebrate 25 years’ existence this weekend with a powerful performance involving electric guitar and soprano simultaneously. In addition, a folk song will be performed in te reo.
Silver Linings is a 90-minute presentation telling the story of Opera North over its quarter-century as the beating heart of Northland’s musical cultural community.
On Saturday and Sunday, Silver Linings will showcase 50 of Whanga¯ rei’s finest singers on stage at Forum North using a broad range of vocal characteristics, illustrated and brought to life with dance, acting and theatrics.
Opera North chairman Chris Townsend said it will be a performance of two halves using a narrative, written by well-known Northland director Lachie McLean, wrapped around music of classical operatic pieces along with songs from wellknown musicals, modern pop and rock.
“To begin with, we’ll concentrate on the well-known and impressive operatic numbers that call for a fullstrength choir. After the intermission, we’ll explore some of Opera North’s other passions . . . with songs from popular musicals including Jersey Boys, Matilda, The Secret Garden, and of course, Andrew Lloyd Webber’s work.
“We have a surprise . . . and I’m really looking forward to it. I can tell you there are electric guitars and opera singers at the same time. I can mention the band Queen, but I’d like the rest to be a treat for the audience. So, come and see the show.”
Opera North was established in 1996 by the late acclaimed opera singer and musical director, Joan Kennaway, and her equally wellknown baritone husband, Rick, specifically to develop the talents of aspiring young singers and create opportunities for Northland singers to perform.
With a long-held vision of an annual summer outdoor festival of operatic and classical music, Joan’s dream was realised when she acquired an orchard in Glenbervie called Operacado, which provided a suitable garden venue for her dream.
The first concert in 1997 featured a group of 18 singers and guest artists who were unsure if they would have an audience besides family members. To keep costs low, the stage was made up of fruit bins loaned by Huanui Orchards and the singers had to “walk the plank” to mount this makeshift platform, with the piano set up on the lawn in front.
More than 500 attended and Whanga¯ rei’s Opera in the Garden was well and truly born, becoming an annual summer event and attracting an audience of over 1000.
Over the years, Opera North has become central to the Northland music and theatre scene, with members often playing leading and supporting roles in local productions. As well as Opera in the Garden, it is wellknown for Classics at the Cove and its involvement in many other community events.
The organisation has nurtured the talents of Kawiti Waetford, Sophie Sparrow, Luke Bird and Shaan Kloet and its members comprise singers aged 14 years and up. However, there will be performers as young as 7 in the Silver Linings show.
Musical director Emma Couper, who is working alongside Roger McClean on the show, said it was not every day you could hear classically trained vocalists and electric guitars in the same show. “But we want to demonstrate the breadth of what Opera North is about.
“We have opera in our name, but people have come to expect so much more from us than just one type of music. We’re about providing a platform for people to perform and go forward, and showcasing the best of local talent.
“It’s going to be a really powerful show — there’s even going to be a folk song sung beautifully in te reo. We really are branching out and doing different things.”
She said rehearsals had been going well. “I couldn’t ask for the choir to be sounding any better at this stage.”
Postponed twice last year due to Covid, this year’s Opera in the Park has been replaced by Silver Linings, using some of the repertoire set for last year’s show along with a large amount of fresh content.
Since Kennaway’s death in 2018, Couper has taken over the role of musical director.
Silver Linings will be performed at Forum North on Saturday, April 17, at 7.30pm and Sunday, April 18 ,at 2pm. Tickets are available through The Hub and eventfinda.co.nz
I can tell you there are electric guitars and opera singers at the same time. I can mention the band Queen, but I’d like the rest to be a treat for the audience. Chris Townsend