Kenneth Johnston KC: IPCA chairperson on the calls to review policing protests

A police watchdog is suggesting the Government takes a closer look at laws for protestors outside private residences. 

An Independent Police Conduct Authority report makes several recommendations for laws which would protest protestor rights and ensure public safety. 

It raises the idea of a specific offence for picketing of private residences. 

IPCA chair, Judge Kenneth Johnston KC, says it's currently legal to protest outside someone's home - like the Prime Minister's.

"Whether it should be or not is not a matter for us to determine, it's an issue that we've raised and identified what other countries do in that area - and no doubt, the Government of the day will give some consideration to it in the fullness of time."

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Episode Transcript

Speaker 1 (00:00):
The Independent Police Conduct Authority is calling for new legislation
around how officers deal with protests, and we've sent a
few of those in the last few days, haven't we.
The changes would allow police and local authorities to set
conditions around the protest applications, the traffic management, and they
might even stop you from picketing outside private residence like
the PM's house. The current framework has also been called

(00:20):
unfit for purpose and inadequate. The chair of the IPCA
is Judge Kenneth Johnson. It's good to have you on
the show. What our protest is allowed to do at
the moment that you don't want them doing in the future.

Speaker 2 (00:33):
What we're trying to do is ensure that police officers
don't have the large, well rather than difficult task of
enforcing a disparate group of criminal provisions in the context
of protests, but rather have an overarching that of legislation

(00:54):
that enables them to identify considerably more precision when activity
is stepping outside the bounds of what's been proposed.

Speaker 1 (01:08):
But it isn't it obvious. I mean, if somebody punches
somebody else on approaches, you can arrest them. If somebody
walks onto a highway. That's you know, a safety issue.
You can arrest them, but that's versi.

Speaker 2 (01:19):
Fatally the point the outcome of punching somebody is not
going to change at all. However, if you do give
notice and it's accepted that you'll be walking down Queen
Street or up lamp and Key or something on a
particular day, then walking down Queen Street or up Lampton Key,

(01:39):
it is not going to result in a charge of
blocking the highway or whatever the appropriate charge is under
the transport legislation.

Speaker 1 (01:47):
But that's I mean, that's the rule now right. I
mean people that we have the hikoi over the Harbor
Bridge that was escorted by police.

Speaker 2 (01:53):
That happens now, well, yes it does, but it doesn't.
It doesn't alter the fact that blocking the highway can
be can be an offense. The fact that it's not
enforced is a definition not always enforced anyway, it often
is enforced. For example, the Wellington Parliamentary protest.

Speaker 1 (02:10):
What about you know, should it people be able to
pick it outside the Prime Minister's house, outside anyone's house.

Speaker 2 (02:17):
Well, that's a particular issue, and you will have seen
from the report, if you've read the whole thing, I
imagine you have that we identify.

Speaker 3 (02:28):
That as an area where the Government of the day
might like to give some consideration to whether that should
be lawful or not. And at the moment it's left
it awful to pick it outside the Prime Minister's house
if you want to, whether it should be or not
as not a matter for.

Speaker 2 (02:46):
Us to determine. And it's an issue that we've raised
and identified what other countries do in that area, and
no doubt the Government of the day will give some
consideration to it in the fullness of time.

Speaker 1 (02:59):
I'm sure they will. Ken thank you very much for
your time. Kenneth Johnson Case, the chair of the IPCA,
I'm not entirely convinced, I have to say after that
at twenty away from six, not entirely convinced that that
would justify a completely new piece of legislation to deal
with protests in New Zealand. For more from Heather Duplessy
Allen Drive, listen live to news talks. It'd be from

(03:20):
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