In the course of our work, Te Kāhui have identified a range of systemic issues which we consider have the potential to contribute to wrongful convictions and miscarriages of justice in Aotearoa | New Zealand.  In particular, issues relating to eyewitness identification evidence (otherwise known as visual identification evidence) have been raised in several applications to Te Kāhui and were a key feature of our recent referrals to appellate courts in December 2023 and January 2024. Further details on the referrals can be found below. 

Te Kāhui staff have completed preliminary work on this issue including drafting a scoping report which was sent to stakeholders for feedback in 2022/2023. Following the receipt of feedback and commentary from stakeholders, the Commissioners decided that it would be in the public interest to commence an inquiry into visual identification evidence.  

The inquiry will examine factors which could impact on the reliability of eyewitness identification evidence such as cross-racial identification, pre and post event influence, social media contamination and confidence. It will also consider whether police practice and procedures relating to eyewitness identification evidence are in line with international standards and best practice.   

The inquiry will be supported by a range of experts, including a panel with extensive relevant academic and professional expertise. Te Kāhui will also engage with key stakeholders and an issues paper will be released in the next few months for consultation and feedback.   

On completion of the inquiry, the Commission will provide a written report to the Minister of Justice for tabling in Parliament. The report will set out our findings and any recommendations for change. We anticipate presenting our report to the Minister in June 2025. 

 

Terms of Reference: Inquiry into eyewitness identification evidence in Aotearoa | New Zealand

Frequently asked questions for inquiry into eyewitness identification evidence in Aotearoa

 

Media Releases

Second referral to appeal court raises questions about eyewitness identification evidence. 

Third referral to appeal court raises questions about eyewitness identification evidence.