Obligations · Rights · Options · Discussion 08
Preserve the record.
A later complaint or court case rarely begins with the legal argument. It begins with the record: who did what, when, under what stated authority, what was said, what evidence existed, and what changed afterwards.
Write the chronology while it is fresh
As soon as reasonably possible, write down the event in order.
Record the date, approximate times, location, who was present, what triggered the interaction, what power was said to be used, the exact words you remember, warnings given, questions asked, whether consent was requested or refused, when detention or arrest began, searches conducted, property taken, force used and how the interaction ended.
Separate what you personally saw or heard from what somebody later told you.
If you are uncertain about a detail, say that.
A careful “I do not remember whether it was before or after the arrest” is stronger evidence than false precision.
Preserve original files
Keep original photographs, video, audio, messages and documents.
Do not rely only on edited clips uploaded to social media.
Where possible, preserve the original file, metadata, date and device copy. Back it up. If you create a shortened clip for public use, keep the unedited original separately.
Wide-angle footage can matter because it shows context: distance, available exits, crowd movement, whether a road remained passable, what occurred before force was used and what happened after control was achieved.
Record identifiers without creating confrontation
Where lawful and safe, note names, badge or identification numbers, vehicle registrations, agency names, contractor names, locations and other identifiers already visible or disclosed.
If an officer or official is required to identify themselves under the power being used, Discussion 05 explains the relevant disclosure question.
The purpose is not to provoke a secondary dispute. It is to make later identification possible.
If there is injury, obtain an independent medical record
Photographs are useful. Medical records are different.
If you are injured, seek appropriate treatment. Tell the clinician accurately how the injury occurred and what symptoms you are experiencing.
Some injuries develop over hours or days. Preserve follow-up records where relevant.
Do not exaggerate. A reliable clinical chronology is more valuable than dramatic language.
Witnesses: names first, recollections separately
Record who witnessed the event and how they can be contacted.
If they are willing to provide an account, it is better for each witness to record their own memory rather than the group collectively drafting one version.
Independent accounts may differ on minor detail. That does not automatically make them unreliable.
What documents can matter later?
Authority documents
Warrants, notices, orders, infringement notices, conditions, statutory directions and written reasons.
Police or agency records
Occurrence records, notes, reports, emails, internal decisions, policies, video or other information that may be obtainable through the correct information or disclosure process.
Your own records
Messages, call logs, calendar entries, photographs, video, medical records, receipts, travel data and notes made at the time.
Third-party records
CCTV, transport records, venue records, health records, employer records or other independently held material.
Use the correct information route
New Zealand Police states that requests for personal information Police holds about you are dealt with under the Privacy Act.
Requests for other official information—such as policies, procedures, reports or third-party material—may fall under the Official Information Act, subject to lawful withholding grounds.
If you are a defendant seeking information in an ongoing criminal case, Police expressly says criminal disclosure is dealt with under the Criminal Disclosure Act 2008 rather than through an ordinary Privacy Act request.
Personal information, official information and criminal disclosure are different legal routes.
Preserve requests and refusals too
If you ask for reasons, documents, footage, a correction or disclosure, keep the request exactly as sent.
Keep acknowledgements, extension notices, refusal reasons and any statutory provision relied upon.
A later reviewer may need to know not only what information existed, but when you tried to obtain it and how the agency responded.
Build an evidence register
Your dated factual account, written as soon as practicable.
Unedited photos, video and audio preserved with original filenames where possible.
Names, contact details and independent accounts.
Clinical records, photographs and treatment chronology where injury occurred.
The warrant, notice, order, statutory reason or stated power.
Information obtained through Privacy Act, OIA, criminal disclosure or another applicable process.
What was taken, inventories or receipts supplied, and when property was returned.
Compare later written reasons with what was actually said at the time.
Why contemporaneous evidence changes what is possible
Legal remedies depend on proof.
If the issue is whether a warning occurred, the exact sequence matters.
If the issue is whether force continued after resistance ended, video timing matters.
If the issue is whether consent was given, the words matter.
If the issue is natural justice, the material supplied before the decision matters.
If the issue is judicial review, the decision-maker’s reasons and record may matter.
If the issue is a complaint, the ability to identify the officer, event and supporting material can materially improve the investigation.
Preserve first. Analyse second. Publish carefully.
Do not contaminate your own record
Avoid repeatedly rewriting the chronology until it becomes polished but detached from memory.
Keep the original note and make later additions separately with dates.
Do not delete inconvenient material because it does not fit your initial view. It may be important context, and a credible record includes evidence that cuts both ways.
That discipline supports the next step: challenging the decision itself rather than reducing the issue to a dispute about the institution or uniform.
Primary and official sources
New Zealand Police — request information about yourself under the Privacy Act ↗
New Zealand Police — request official information under the OIA ↗
New Zealand Police — OIA information that may be requested ↗
Police information-access guidance checked 1 September 2026. Whether a particular recording is lawful, admissible or obtainable can depend on the circumstances and other law; this page therefore focuses on preserving evidence already lawfully obtained or available.