New Zealand’s Privacy Commissioner is warning a proposed law change could significantly erode the privacy rights of all New Zealanders, raising serious concerns about trust, oversight, and the future of policing powers.

The Policing Amendment Bill is under scrutiny, with Commissioner Michael Webster urging lawmakers not to pass it in its current form. Concerns centre on what is being described as overly broad powers for Police to collect personal information, without clear limits or safeguards.

At the heart of the issue is the Bill’s authorisation for Police to gather information for undefined intelligence purposes. Critics say this lack of clarity opens the door to excessive collection and long-term retention of personal data, without strong justification or accountability.

There are also questions about whether the proposed changes would actually achieve their intended goals. The Commissioner argues the Bill does not provide the legal certainty Police are seeking, nor does it meaningfully reduce the risk of their actions being challenged in court.

Instead, the proposal is being seen as creating new risks – particularly around public confidence in law enforcement. Trust is expected to be a key casualty if communities feel surveillance powers are expanding without proper checks and balances.

The potential impact on Māori, rangatahi, and vulnerable communities is also a major concern. The Bill is expected to disproportionately affect Māori, while also raising significant privacy issues for children and young people.

Another key criticism is the absence of independent oversight. The proposed law does not include clear mechanisms for monitoring how Police collect, use, or store personal information, leaving gaps in accountability that experts say are critical in modern policing.

While there is recognition that Police need clear legal frameworks to operate effectively – particularly as new technologies expand surveillance capabilities — the current Bill is not seen as meeting that need. Instead, calls are growing for a more comprehensive approach that balances operational requirements with strong protections for civil liberties.

That would include a dedicated legal framework for intelligence-gathering, developed through consultation and backed by robust safeguards, rather than broad and undefined powers.

As the Bill moves through the Select Committee process, the debate is shaping up as a key test of how Aotearoa balances public safety with fundamental rights in an increasingly data-driven world.

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