HOW TO REPORT AN INCIDENT
REPORTING INCIDENTS TO NEW ZEALAND POLICE
The following information is the result of a Q&A session with several members of New Zealand Police. The aim of sharing this information with you is to create understanding around the level of information required for NZ Police to progress a complaint and the possible outcomes you can expect.
It has been factually checked by NZ Police before being released.
KNOW YOUR RIGHTS
Land Transport Act – Contravention of Section 8
Drivers are not to be careless or inconsiderate. A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons.
Land Transport Act - Contravention of Section 40
Operating a vehicle in a manner liable to cause damage / injury / annoyance - $600
Proof of an incident can be: sounding a horn, injury, witnesses and footage
It is important incidents are reported and promptly
Most people carry cell phones with them now, we would advise calling as soon as you possibly can, preferably from where it occurred (unless cell coverage is an issue). In the event that you cannot call at the time for whatever reason, make a voice recording on your phone. Then when you make your complaint later you have the relevant information at hand.
Traffic incidents have a statutory limitation period of 6 months for charges to be brought, therefore incidents should always be reported as soon as possible. This means that the victims and witnesses have the incident fresh in their memories in case a statement needs to be given.
Fact - every complaint reported to Police is recorded when using 111 or *555 for a driving incident complaint. You can also report these incidents online at police.govt.nz and follow the directions there. The idea behind reporting all incidents is, even if Police resourcing means it is deemed low level and not investigated, the complaint against the number plate remains. If another complaint is lodged, then a pattern of behaviour is factored into how the Police deal with another complaint going forward.
WHAT IS REQUIRED
What Police require when making and progressing a complaint:
Date and Time the incident occurred or as close to it as possible.
Place - as close to the exact location as possible or otherwise a very detailed description.
Registration Plate - wherever possible.
Description of the vehicle – self explanatory but not "red car" please. It was a red 4 door station wagon with 3 people inside it. The driver was male/female and had blonde hair and a green top. The front seat passenger was bald.
Name of Company vehicle - a lot of commercial vehicles are GPS tracked so even if you don't get the registration plate, push the company to look up their records. They know where their staff are going in any one day.
Fact - Dash cam footage can be requested by Police by Warrant if a company isn’t willing to hand it over. Prompt reporting will allow footage to be retained before it disappears.
Number of Occupants - Just adds to the corroboration of the incident when you say the truck was two up and everything else including that matches the description.
Circumstances - as detailed as possible
For example: "I was riding west on South Eyre Road at approximately 1230 today 28th August. I was alone on my brown horse riding on the left side of the road with the traffic. A black motorbike came up behind me at speed. I put my right arm out to wave at the rider to slow down, but they accelerated and sounded their horn as they approached. Due to this my horse shied violently causing me to fall off and break my arm. The motorbike had only one passenger and did not stop to ascertain injury. The rider was wearing a red helmet, black jacket, black riding pants and black boots. I did not see the registration plate."
NOT something like "a motorbike went past me and frightened my horse".
Witnesses - any details you think relevant, especially if someone stopped to help you or was nearby or following the offending vehicle etc. There are plenty of times we get traffic incidents reported to us over the radio and someone else will call it in later. Every piece of information helps.
OTHER HELPFUL INFO
Identifying the offending vehicle and driver
Police cannot lay a charge if they can’t identify the driver, however with a number plate, they can speak to the registered owner and request information as to the identity of the driver or passenger pursuant to section 118 of the Land Transport Act 1998. This means by law the registered owner must provide Police with details of the driver (or passenger) within 14 days.
Track your complaint and if you are not happy with the outcome, you have options
When reporting incidents to Police it helps to be a squeaky wheel. Lots of incidents get triaged and if you are not happy with the response and resolution, follow it up. Call and ask for an update. Question the resolution and demand answers. If you're still not happy, the Police are a rank based organisation so you can always ask to speak to someone's supervisor and even send a complaint to the ipca.govt.nz
Options available to Police to address the complaint
A visit by Police, a formal written warning, an infringement issued or a charge. Charges only happen if Police believe there’s sufficient evidence for a Court conviction.
Physical assault or verbal abuse is based on intent
What language or actions were taken and how was the behaviour interpreted by the victim.
What constitutes a road where rules apply
The beach
Some river beds
Roading network.
COMPLAINT AND COURT
You need to understand that if you make a complaint you may be required to go to Court and be a witness for any subsequent prosecution. Plenty of people complain to Police but when pressed for a formal statement back out and say they just want a warning given. Warnings are a waste of time. Enforcement is often the only way to effect behavioural change, particularly when it hits people's pockets and driver licences.
