Police Officers Stand Down Amid Breath Test Misconduct Probe

A small number of police officers in New Zealand have been stood down for additional misconduct related to the erroneous recording of alcohol breath tests. The New Zealand Police have not disclosed the specific nature of this misconduct. Their investigation revealed that approximately 120 staff members are under scrutiny after around 30,000 alcohol breath tests were deemed to have been “falsely or erroneously recorded.”

The issue came to light following the implementation of a new algorithm designed to analyze breath test data. This technology highlighted discrepancies that the existing devices could not detect, as they failed to differentiate between legitimate and illegitimate tests.

Acting Deputy Police Commissioner Jill Rogers previously indicated that no officers had been stood down at that time, and she did not rule out the possibility of criminal investigations. However, Assistant Commissioner Mike Johnson confirmed this week that disciplinary actions have been initiated for 130 staff members, with outcomes ranging from findings of misconduct to serious misconduct, depending on the circumstances.

“Outcomes of the process vary between a finding of misconduct or serious misconduct depending on the particular circumstances,” Johnson explained. He noted that serious misconduct is more likely when an officer’s inappropriate behavior is repeated or when a senior officer is involved.

Despite the ongoing investigations, Johnson emphasized that none of the cases had been classified as criminal. “A third of the cases have already been addressed and closed,” he stated, describing those handled as “misconduct/employment conversations” with a variety of outcomes. The remaining cases are still under review.

In response to the situation, police have mandated that all officers complete an online training module focused on alcohol breath testing. This decision follows a memo sent to staff on November 5, 2023, citing a decline in public trust and confidence due to the inaccuracies in breath test recordings. The training module must be completed by December 4, 2023, and over 70 percent of staff have already finished this refresher course.

The Te Matakahi Defence Lawyers Association has expressed concern regarding the integrity of ongoing and past prosecutions given the recent revelations. Co-chair Elizabeth Hall stated that a formal criminal investigation should be initiated and called for a comprehensive independent audit of historical data.

Rogers elaborated on the nature of the misconduct, explaining that some officers recorded tests without actually interacting with motorists. For instance, officers might have clicked their devices multiple times during their shifts, even while driving, leading to inflated test counts.

The motivation behind such actions remains unclear. Rogers suggested that officers may have felt pressured to show higher productivity, raising questions about the police culture surrounding performance metrics.

As New Zealand approaches the summer surge period, the police are focused on rebuilding public trust and ensuring that their operations uphold the highest standards of integrity.