iSAYSO
Subject: Re: Police Complaint forwarded to IPCA – September 2023 incident
Subject: Re: Police Complaint forwarded to IPCA – September 2023 incident
Ms Anyan,
I acknowledge receipt of your email.
Your response is noted, however it is not accepted as a lawful determination of the matters raised.
- Discretionary nature of the 12-month provision
The Independent Police Conduct Authority Act does not impose a mandatory limitation period. It confers a discretion only. A discretion must be exercised lawfully, reasonably, and with regard to all relevant considerations.
No reasons have been provided addressing:
jurisdictional defects raised in the complaint,
absence of lawful authority,
continuing effects and consequences of the conduct,
whether the matters complained of constitute ongoing or systemic breaches.
A bare reference to the passage of time is insufficient.
- Continuing and ongoing conduct
The complaint does not concern a closed historical event. The matters complained of include continuing reliance on unlawfully obtained actions, records, and decisions, which remain operative and prejudicial.
Where effects are ongoing, time does not begin to run in the manner suggested.
- Knowledge and concealment
The assertion that the complainant “had knowledge” of the matters for more than 12 months is not established. Relevant information was:
withheld,
obscured,
or only recently confirmed through subsequent disclosures and conduct.
The Authority has not addressed this issue at all.
- Duty of candour and reasons
As a public authority exercising statutory discretion, IPCA is required to:
engage with the substance of the complaint,
give intelligible reasons,
and demonstrate that relevant considerations were taken into account.
That has not occurred.
- Reservation of rights
This correspondence is treated as:
a refusal to exercise discretion,
without lawful reasons,
and without proper consideration of jurisdictional and continuing-breach issues.
All rights are reserved, including escalation to:
the Ombudsman,
judicial review,
and disclosure requests relating to IPCA’s internal guidance on the exercise of this discretion.
Please confirm whether IPCA maintains its position after reconsideration in light of the above.
Tracy Lynch
Attorney
InLandsAirWater Counsel – Private Trust (PTNDA)
On Feb 2, 2026 at 2:39 PM, <Case Resolution> wrote:
Tēnā koe Mr Stott,
As required by Law, your complaint to Police on 2 February 2026, has been forwarded by Police to the Authority.
The Independent Police Conduct Authority Act provides that we may decide to take no action if the complainant had knowledge of the matter/s complained about for more than 12 months before the complaint was made.
Therefore, as this incident happened in September 2023, we will take no further action on this matter.
Ngã mihi,
Cath Anyan
Manager: Case Resolutions
Independent Police Conduct Authority/Mana Whanonga Pirihimana Motuhake
PO Box 25221, Wellington 6140, Aotearoa New Zealand
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