It did reveal that the single item it considered “taken” was worth $40.
The statement said: “The shoplifting occurred at the Pak N Save in Royal Oak on 12 October 2024, and was reported to Police for investigation electronically using the Auror platform.”
It said police had carried out inquiries and “a decision has been made to not file charges”.
The police statement said the case did not meet the Solicitor-General’s Guidelines for Prosecution around public interest “as well as taking other factors into account”.
The statement, which clearly referred to the incident involving Ghahraman, went on to say: “Given the subject of this complaint has not been charged with an offence, they are entitled to privacy and we are limited in further comment around a number of specifics.”
The Herald revealed Ghahraman had less than $150 worth of goods in a shopping trolley, or in a tote bag sitting in her trolley, and had yet to enter the checkout area when she was stopped by store security.
A statement from police today described the incident - over which there will no charges - as “shoplifting” and did not refer to it as an allegation.
It did reveal that the single item it considered “taken” was worth $40.
“The shoplifting occurred at the Pak N Save in Royal Oak on 12 October 2024, and was reported to Police for investigation electronically using the Auror platform,” police said.
Police had carried out inquiries and “a decision has been made to not file charges”.
The police statement said the case did not meet the Solicitor-General’s Guidelines for Prosecution around public interest “as well as taking other factors into account”.
The statement, which clearly referred to the incident involving Ghahraman, went on to say: “Given the subject of this complaint has not been charged with an offence, they are entitled to privacy and we are limited in further comment around a number of specifics.”
The incident was uploaded to the Auror retail crime reporting platform - but the supermarket did not check the box which reports matters to police.
It has raised questions about how police learned about the October 12 incident in time to ask the High Court consider it a factor in her appeal against her sentence on October 13.
Questions had arisen over how police discovered the incident after Foodstuffs told the Herald that “for low level offending like you’ve described, we don’t engage directly with the police”.
Deputy Commissioner Tania Kura said police received a report of shoplifting through the Auror platform through which retailers can report incidents to police.
"A police file number was assigned the same day and assessed two days later as part of staff, routine screening of shoplift offending.
"I am satisfied that staff were notified appropriately, and acted responsibly and appropriately with the information."
The Herald has learned that the incident identified Ghahraman by name and led to officers alerting the Detective Senior Sergeant who was leading the inquiry into shoplifting from the high-end fashion stores.
That was on October 14 with police almost immediately attempting to raise the matter with the High Court, which had heard Ghahraman’s appeal the day before and delivered a reserved judgment on October 30.
On the police decision today, a Foodstuffs statement said: “Whether to prosecute alleged incidents of retail crime is at the discretion of Police and we respect their decision in such matters.”
In the wake of the Herald’s revelations, the Office of the Privacy Commissioner has now sought more information about the incident from police, Auror and Foodstuffs, which owns the Pak’n Save supermarkets.
In a statement, a spokesman said: “[The Office of the Privacy Commissioner] keeps a watching brief on data aggregation platforms like Auror that provide automated number plate recognition and CCTV surveillance services due to the high potential privacy risk.”
The spokesman said platforms such as Auror carried a risk around the accuracy of information entered into the platform, inappropriate access to that information, disclosure of information on the database and “the potential for significant adverse impacts to individuals”.
“The more personal data is brought together the greater the risk should a privacy breach – including employee browsing - occur. The Privacy Commissioner expects agencies providing or using these services to be able to provide assurance of their compliance with their legal obligations.”
It comes as the Office of the Privacy Commissioner prepares to issue a biometric code - a set of rules for the collection of personal identifying data such as images of a face, scans of an eyeball, how someone walks, audio recording.
The Commissioner’s office issued a draft code at the end of 2024 and was taking submissions through to March. It discerns between information considered biometric or not based on how the information is used - CCTV imagery of someone walking would not be unless it was used with a system that can analyse and identify people by their gait.
Of the 180 submissions received from the public, the Commissioner’s office said almost all showed “people were concerned about the use of biometrics in New Zealand”.
Concerns expressed were around surveillance, government use of biometrics and “private businesses using biometrics for commercial reasons at the expense of individual privacy”.
Ghahraman’s term as an MP for the Green Party came to an end with the revelation last year she had been charged with shoplifting clothing worth $8367 from three shops.
In an interview with TVNZ’s John Campbell after she pleaded guilty, Ghahraman said: “With time and processing, I can put it into the context of a long period of being in quite a dark place, and trying to be strong, constantly.
“Be strong, turn up, be strong. Feeling not strong. And then doing that spiral of, you’re not good enough. There is something wrong with you. Why aren’t you strong enough? The self-sabotage was to get out.”
She continues, “If I’d actually sat down and processed the fact that I needed to get out, I would have done things differently and that is my great regret.”
The Auror network is a software platform that connects retailers that are members and allows staff at those stores to enter and upload information and imagery linked to suspected retail crime events. The system is intended to match details with other incidents, identifying those shoplifting or committing other retail crime.
The system also offers retailers a “check box” to complain to police, with data showing around 80% of retail crime matters are now reported through Auror. It does not operate live facial recognition.
The company launched in 2012 and was recently valued at about $500 million by the Australian Financial Review with a huge uptake in Australia, where it boasts coverage of 50% of retail space, and in the United States, where it has secured contracts with some of the world’s biggest retail chains.
David Fisher is based in Northland and has worked as a journalist for 35 years, winning multiple journalism awards including being twice named Reporter of the Year and being selected as one of a small number of Wolfson Press Fellows to Wolfson College, Cambridge. He first joined the Herald in 2004.
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