Release drink-driver lists or law will be changed, says Collins

Police administer breathalyser tests in Tauranga. Photo / Bay of Plenty Times

Police Minister Judith Collins says she will change the law if police and court staff fail to find a way of routinely making public lists of convicted drink-drivers.

Some 36,000 people appeared in court on drink-driving charges last year, and the public had a right to know "as a matter of principle" who they were, Ms Collins said yesterday. "People convicted in open court should be able to have their names published unless there's a suppression order."

Her comments come after police yesterday rescinded a decision to stop releasing lists of convicted drink-drivers to media. The about-face came after Ms Collins met senior police staff on Monday and requested they re-examine the decision.

Police spokesman Jon Neilson said the issue of "ownership of information" was at the heart of the review.

As it stood at the moment, police laid charges with the court, but their involvement effectively ended with prosecution. The information belonged to the court, he said.

Acting Deputy Commissioner Michael Player said yesterday police accepted there was "no legal impediment to publicly naming those convicted of drink driving", and they would be working with courts "to bring about a satisfactory solution".

The policy decision not to provide the names to the media was based on internal legal advice, he said.

Ms Collins said she had discussed the matter with Justice Minister Simon Power and would seek a change to the Privacy Act if police could not find a way out of their predicament.

Privacy Commissioner Marie Shroff said her office had had no involvement with the police decision to stop releasing the lists, but she was pleased to see police and court staff working together.

"I have previously suggested that a reasonable solution could be found that meets the needs of all concerned to access the conviction information at the time it is entered. I am pleased to see from today's announcement from police that constructive efforts are going to be made with courts to do that."

The Privacy Act did not extend to the court system, she said, and any requests for details of convictions months or years after the fact could be dealt with by the Justice Ministry under the Official Information Act.