This privacy statement explains how we collect, use and share personal information when carrying out our functions pursuant to:
We request, receive and use personal information that we need to consider your complaint and carry out our functions.
The IPCA Act says that we can require a person or organisation to provide information. It also requires us to protect that information and only disclose what we consider is necessary to carry out our duties and functions under the IPCA Act.
The COTA empowers us to request and access information about people in Police custody, custody staff and places of detention. The COTA requires us to protect any information and only disclose it for the purpose of giving effect to that Act.
We take care to exercise our information-gathering powers appropriately and meet our secrecy obligations at all times.
We collect information provided directly by you, or your authorised representative, when you make a complaint to us and we are dealing with that complaint.
We may also ask you for information when we are carrying out our OPCAT functions.
You do not have to give us your personal information when you are making a complaint but, if you don’t, we may not be able to investigate your complaint.
If you have information that is relevant to an investigation or inquiry, and we use our statutory powers to request it, you will have to comply with that request.
We will give you a reasonable time to respond to any request for information.
The personal information we may collect from you directly includes:
If another agency has referred a complaint to us (for example, Police or the Ombudsman), they will provide the information you gave them about your complaint.
In most cases, we will access information on the Police National Intelligence Application concerning the matter you have complained about. This is so that we can consider your complaint.
We may also request personal information about you from other people or agencies. We have the power to require a person or agency to provide us with information to carry out an investigation or inquiry.
We may also collect publicly available information about you – such as any media reports, court decisions or social media – where this is relevant to carrying out our functions.
Our website uses cookies to improve your online experience. Details gathered include the duration of your visit, the pages you visited, what type of internet browser you used and other details. We use this information to help ensure the website is meeting user needs. You can change your cookie settings through your browser.
Our website does not gather any identifying details or other personal information about your visit except when you use the online complaint forms or email form on our contact page.
The IPCA Act says that we must notify Police of any complaint we receive.
We do this by sending them a copy of your complaint. This includes giving them the personal information you gave us such as your name, address, date of birth, etc.
If you do not want us to give your name to Police you need to tell us that when you make your complaint. We will try to ensure Police don’t know who you are if that is what you want, but it won’t always be possible to do that, and we may not be able to investigate your complaint if we can’t reveal your name to Police. We will contact you if this is the case to talk about how you would like us to proceed.
Apart from Police, we do not give information about you to other government agencies, organisations or anyone else unless one of the following applies:
If we have accepted your complaint as a protected disclosure (under the Protected Disclosure (Protection of Whistleblowers) Act 2022), we will not share your information with Police.
If you want to make a protected disclosure it is best to contact us to discuss this before making your complaint.
Pursuant to section 33(4) of COTA, we will not disclose any information about you without your consent.
The personal information we may generate about you includes:
You can ask us to give you any information we hold about you and to correct that information by contacting our Privacy Officer at info@ipca.govt.nz.
Please note: