Police Act 1958

  • repealed
  • Police Act 1958: repealed, on 1 October 2008, by section 130(4) of the Policing Act 2008 (2008 No 72).

Reprint
as at 1 October 2008

Police Act 1958

Public Act1958 No 109
Date of assent3 October 1958
  • Police Act 1958: repealed, on 1 October 2008, by section 130(4) of the Policing Act 2008 (2008 No 72).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Police Department


Contents

Title

11A Recruits [Repealed]

16 Resignation [Repealed]

18 Contributors [Repealed]

27 Age of retirement [Repealed]

Regulation and discipline of members

35 Dismissal [Repealed]

Miscellaneous provisions as to members of the Police

Promotion Board and Appeal Board

45 Promotion Board [Repealed]

46 Appeal Board [Repealed]

Police dogs

Offences

Miscellaneous

Sworn members of the Police

66F Criteria [Repealed]

68A Assessors [Repealed]

New matters

Non-sworn members of the Police

Senior positions

Strikes and lockouts involving sworn members of the Police

Disputes

Personal grievances in relation to sworn members of the Police

88 Discrimination [Repealed]

94 Remedies [Repealed]


An Act to consolidate and amend the law relating to the establishment and regulation of the Police of New Zealand

1 Short Title and commencement
  • (1) This Act may be cited as the Police Act 1958.

    (2) Except as otherwise provided by section 29 of this Act, this Act shall come into force on the 1st day of December 1958.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Appropriate service organisation, in relation to any member or class of members of the Police, means the service organisation that covers that member or those members

    Arbitration Commission

    [Repealed]

    Arbitration Commission: this definition was repealed, as from 15 May 1991, by section 2(1) Police Amendment Act 1991 (1991 No 29).

    Chief of the Employment Relations Authority means the Chief of the Employment Relations Authority appointed under section 166(1)(a) of the Employment Relations Act 2000

    Chief of the Employment Relations Authority: this definition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    Chief of the Employment Tribunal

    [Repealed]

    Chief of the Employment Tribunal: this definition was inserted, as from 15 May 1991, by section 2(2) Police Amendment Act 1991 (1991 No 29).

    Chief of the Employment Tribunal: this definition was substituted by a definition of the term Chief of the Employment Relations Authority, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    Commissioned officer means any person appointed under this Act as a commissioned officer of Police

    Commissioner means the Commissioner of Police appointed under this Act

    Employment includes any office held as a member of the Police

    Employment Court means the Employment Court constituted under the Employment Relations Act 2000

    Employment Court: this definition was inserted, as from 15 May 1991, by section 2(2) Police Amendment Act 1991 (1991 No 29).

    Employment Court: this definition was substituted, as from 2 October 2000 by section 240 Employment Relations Act 2000 (2000 No 24).

    Employment Relations Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000

    Employment Relations Authority: this definition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    Employment Tribunal

    [Repealed]

    Employment Tribunal: this definition was inserted, as from 15 May 1991, by section 2(2) Police Amendment Act 1991 (1991 No 29).

    Employment Tribunal: this definition was substituted by a definition of the term Employment Relations Authority, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Member of the Employment Relations Authority means a member of the Employment Relations Authority who holds office under section 166(1) of the Employment Relations Act 2000; and includes a temporary member appointed under section 172 of that Act

    Member of the Employment Relations Authority: this definition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    Member of the Employment Relations Authority means a member of the Employment Relations Authority who holds office under section 166(1) of the Employment Relations Act 2000; and includes a temporary member appointed under section 172 of that Act

    Member of the Employment Relations Authority: this definition was substituted for a definition of the term Member of the Employment Tribunal, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    Member of the Employment Tribunal

    [Repealed]

    Member of the Employment Tribunal: this definition was inserted, as from 15 May 1991, by section 2(2) Police Amendment Act 1991 (1991 No 29).

    Member of the Employment Tribunal: this definition was substituted by a definition of the term Member of the Employment Relations Authority, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

    member of the Government Superannuation Fund Police Sub-Scheme means a member of the police who is a member of the Government Superannuation Fund subject to Part 6A of the Government Superannuation Fund Act 1956

    member of the Government Superannuation Fund Police Sub-Scheme: this definition was inserted, as from 1 January 2002, by section 62(1) Human Rights Amendment Act 2001 (2001 No 96).

    Minister means the Minister in Charge of Police

    Non-commissioned officer means a member of the Police above the rank of constable and below the rank of commissioned officer

    The Police means the Police of New Zealand; and includes all members of either sex appointed to the Police under this Act

    Police dog means a dog which has successfully completed a course of instruction at the Police Dog Training School and which has qualified to be used for police duties

    Police dog: this definition was inserted, as from 1 July 1996, by section 2 Police Amendment Act 1996 (1996 No 16).

    Police dog handler means a member of the New Zealand Police who has successfully completed a course of instruction at the Police Dog Training School and who is thereby qualified to perform duties as a police dog handler

    Police dog handler: this definition was inserted, as from 1 July 1996, by section 2 Police Amendment Act 1996 (1996 No 16).

    Police Gazette means the New Zealand Police Gazette published by the Commissioner in accordance with section 61 of this Act; and includes any supplement to the Police Gazette

    psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology.

    psychologist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Service organisation includes the New Zealand Police Officers Guild Incorporated, the New Zealand Police Association Incorporated, and any other organisation from time to time prescribed by regulations under this Act as representing members of the Police or of any class or classes of members of the Police

    State services superannuation scheme means any superannuation scheme to which members of the Police may belong or are required to belong, being a superannuation scheme—

    State services superannuation scheme: this definition was inserted, as from 1 July 1992, by section 2 Police Amendment Act 1992 (1992 No 63)

    Union

    [Repealed]

    Union: this definition was repealed, as from 15 May 1991, by section 2(3) Police Amendment Act 1991 (1991 No 29).

    Date of settlement: this definition in the original section 2 was inserted, as from 11 October 1978, by section 2(1) Police Amendment Act 1978.

    Higher Salaries Commission: this definition in the original section 2 was inserted, as from 11 October 1978, by section 2(1) Police Amendment Act 1978.

    Police Gazette: this definition in the original section 2 was inserted, as from 11 October 1978, by section 2(2) Police Amendment Act 1978.

    Public Sector Tribunal: this definition in the original section 2 was inserted, as from 11 October 1978, by section 2(3) Police Amendment Act 1978.

    Public Sector Tribunal: this definition in the original section 2 was repealed, as from 1 August 1987, by section 347(1) Labour Relations Act 1987 (1987 No 77).

    Ranges of rates of remuneration: this definition in the original section 2 were inserted, as from 1 August 1987, by section 2 Police Amendment Act 1987 (1987 No 125).

    Remuneration: this definition in the original section 2 were inserted, as from 1 August 1987, by section 2 Police Amendment Act 1987 (1987 No 125).

    Tribunal: this definition in the original section 2 was inserted by section 2 Police Amendment Act 1965.

    Tribunal: this definition in the original section 2 was substituted, as from 1 August 1987, by section 347(2) Labour Relations Act 1987 (1987 No 77).

    Section 2 was substituted, as from 19 December 1989, by section 2 Police Amendment Act 1989 (1989 No 138).

Part 1
Appointment, promotion, and resignation of members of the Police

  • Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

3 Commissioner of Police
  • (1) The Governor-General may from time to time appoint a fit and proper person to be the Commissioner of Police, who shall have the general control of the Police.

    (2) The Commissioner shall hold office during the pleasure of the Governor-General.

    Compare: 1958 No 109 s 3(1)

    Subsections (2)-(5) were substituted, as from 23 November 1973, by section 2 Police Amendment Act 1973 (1973 No 103).

    Subsection (2) was substituted, as from 22 October 1981, by section 2(1) Police Amendment Act 1981 (1981 No 86).

    Subsection (4) was amended, as from 22 October 1981, by section 2(2) of the Police Amendment Act 1981 (1981 No 86), by inserting the words longest in office as such.

    Subsection (5) was amended, as from 22 October 1981 (1981 No 86), by section 2(3) Police Amendment Act 1981, by substituting the words a Deputy Commissioner for the words the Deputy Commissioner.

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

4 Deputy Commissioners of Police
  • (1) The Governor-General may from time to time appoint one or more fit and proper persons to be Deputy Commissioners of Police.

    (2) Each Deputy Commissioner shall hold office during the pleasure of the Governor-General.

    (3) Each Deputy Commissioner shall have and may exercise such of the powers, authorities, duties, and functions of the Commissioner as the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case.

    (4) Every delegation under subsection (3) of this section shall be revocable at will, and no such delegation shall prevent the exercise of any powers by the Commissioner.

    (5) In the case of absence from duty of the Commissioner (from whatever cause arising) or on the occurrence of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers, authorities, duties, and functions of the Commissioner may be exercised and performed by the Deputy Commissioner longest in office as such.

    (6) The fact that a Deputy Commissioner exercises any power, authority, duty, or function, pursuant to this section, shall, in the absence of proof to the contrary, be sufficient evidence of his or her authority to do so.

    Compare: 1958 No 109 s 3(2), (3), (4), (5)

    Subsection (3) was substituted, as from 23 November 1973, by section 3 Police Amendment Act 1973 (1973 No 103).

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

4A Deputy Assistant Commissioners
  • [Repealed]

    Section 4A was inserted, as from 14 December 1976, by section 2(1) Police Amendment Act 1976 (1976 No 154).

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

5 Members of the Police
  • (1) The Commissioner may from time to time appoint such sworn and non-sworn members of the Police as the Commissioner thinks necessary for the efficient exercise of the functions, duties, and powers of the Police.

    (1A) The power conferred by subsection (1) of this section includes power—

    • (a) To engage an appointee for such period as the Commissioner and the appointee may agree:

    • (b) To appoint acting or temporary or casual appointees.

    (2) Where the Commissioner thinks it is necessary to do so for the efficient exercise of the powers, functions, and duties of the Police, the Commissioner may designate any position within the Police that may be filled by any member of the Police.

    (3) The Commissioner may assign to any sworn member of the Police such rank as the Commissioner considers appropriate.

    (4) Subject to—

    • (a) The provisions of this Act, any general instructions issued under section 30 of this Act, and any regulations made under section 64 of this Act; and

    • (b) The conditions of employment set out in any agreement under section 67 or section 75 of this Act; and

    • (c) The conditions of employment set out in any individual contract of service under this Act,—

    the Commissioner may at any time remove any member of the Police from that member's employment.

    (5) Except as otherwise expressly provided in this Act, the Commissioner shall have all of the rights, duties, and powers of an employer in respect of all members of the Police.

    (6) Nothing in subsection (5) of this section shall limit or affect the powers and duties conferred or imposed on the office of constable by common law or any enactment.

    (7) Without limiting subsection (4) of this section, where the Commissioner is satisfied that any sworn member of the Police is guilty of any misconduct or neglect of duty, the Commissioner may impose all or any of the following penalties:

    • (a) Reduction to any rank, whether commissioned or otherwise:

    • (b) Reduction in seniority by any specified number of years:

    • (c) Reduction in pay for any specified period:

    • (d) A fine not exceeding $500.

    (8) Where subsection (7) of this section applies, the Commissioner may order the payment by the member concerned of such sum as the Commissioner thinks just and reasonable towards the costs of any inquiry into that member's misconduct or neglect of duty.

    Compare: 1958 No 109 ss 4, 4A, 5, 7, 8, 10, 11, 12

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

    Subsection (1) was amended, as from 1 July 1992, by section 2(1) Police Amendment Act (No 2) 1992 (1992 No 68) by omitting the words (including acting or temporary or casual appointees).

    Subsection (1A) was inserted, as from 1 July 1992, by section 2(2) Police Amendment Act (No 2) 1992 (1992 No 68).

5A Members may be removed for incompatible behaviour
  • (1) The Commissioner may institute the removal of a member of the Police from that member's employment if, following an inquiry under section 12 of this Act into alleged misconduct (in the case of a sworn member of the Police), or following an investigation into alleged serious misconduct (in the case of a non-sworn member of the Police), the Commissioner has reasonable grounds for believing—

    • (a) That the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within the Police or which tends to bring the Police into disrepute; and

    • (b) That the removal of the member is necessary to maintain good order and discipline within the Police or to avoid bringing the Police into disrepute.

    (2) Subsection (1) of this section applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind.

    Section 5 was inserted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).

6 Non-sworn members of the Police
  • (1) Except as otherwise expressly provided in this Act or any other enactment,—

    • (a) No non-sworn member of the Police shall have or may exercise in relation to members of the public any of the powers, functions, or duties of a member of the Police under this Act or any other enactment or at common law; and

    • (b) No reference in this Act or any other enactment to any member of the Police shall be read as including a reference to a non-sworn member of the Police.

    (2) Any non-sworn member of the Police may, on being authorised to do so by warrant under the hand of the Commissioner, exercise any particular power, function, or duty of a member of the Police under any enactment other than this Act, except a power to arrest or search any person.

    (3) It is the duty of every person exercising any power, function, or duty under a warrant issued under subsection (2) of this section—

    • (a) To have the warrant with him or her; and

    • (b) To produce the warrant during the exercise of any such power, function, or duty, if requested.

    (4) In any of the enactments specified in subsection (5), a reference to a member of the police that is not expressly limited to a sworn member of the police includes a reference to a non-sworn member of the police.

    (5) The enactments referred to in subsection (4) are as follows:

    • (d) the Independent Police Conduct Authority Act 1988:

    Section 6 was substituted, as from 14 December 1976, by section 2(2) Police Amendment Act 1976 (1976 No 154).

    Section 6 was amended, as from 22 October 1981, by section 2(4) Police Amendment Act 1981 (1981 No 86), by substituting the words each Deputy Commissioner for the words the Deputy Commissioner.

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

    Subsection (2) was amended, as from 22 October 2003, by section 3(1) Police Amendment Act 2003 (2003 No 93) by substituting the words enactment other than this Act for the words other enactment.

    Subsection (4)(aa) was inserted, as from 15 December 1994, by section 2(1) Police Amendment Act 1994 (1994 No 157).

    Subsection (4) was substituted, as from 22 October 2003, by section 3(2) Police Amendment Act 2003 (2003 No 93).

    Subsection (5) was inserted, as from 22 October 2003, by section 3(2) Police Amendment Act 2003 (2003 No 93).

    Section 6(5)d): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

7 Employment principles
  • The Commissioner shall operate a personnel policy that complies with the principle of being a good employer by following, subject to this Act, as closely as possible and as if he or she were the chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.

    Subsection (1) was amended, as from 7 April 1988, by section 2 Police Amendment Act 1988 (1988 No 3) by substituting the word Commissioner for the word Minister.

    Subsection (1) was inserted, as from 1 December 1961, by section 2 Police Amendment Act 1961 (1961 No 122).

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

8 Appointments on merit
  • The Commissioner, in making an appointment under section 5 of this Act, shall give preference to the person who is best suited to the position.

    Part 1, comprising sections 3 to 15, and the preceding heading were substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

9 Obligation to notify vacancies
  • Except as otherwise provided in regulations made under section 64 of this Act, where the Commissioner intends to fill a position that is vacant or is to become vacant in the Police, the Commissioner shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

10 Obligation to notify appointments
  • Except as otherwise provided in regulations made under section 64 of this Act, the Commissioner shall notify the members of the Police of every appointment (other than that of an acting, temporary, or casual appointee) to a vacant position in the Police.

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

11 Review of appointments and decisions under section 28D
  • (1) The Commissioner shall establish, after consultation with the State Services Commission, a procedure for reviewing appointments made under section 5 of this Act and refusals to permit members to leave the Police under section 28D of this Act, that are the subject of any complaint by a member of the Police.

    (2) Nothing in subsection (1) of this section shall apply to—

    • (a) Any acting, temporary, or casual appointment; or

    • (b) Any appointment to any position to which section 76 of this Act applies.

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

11A Recruits
  • [Repealed]

    Section 11A was inserted, as from 7 April 1988, by section 3 Police Amendment Act 1988 (1988 No 3).

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

12 Inquiry into misconduct
  • (1) Where any misconduct or neglect of duty is alleged against any sworn member of the Police, the Commissioner may appoint one or more persons to inquire into the alleged misconduct or neglect of duty and to report to the Commissioner on that matter.

    (2) Where such an allegation is made against any sworn member of the Police, the Commissioner may suspend the member from duty under section 32 of this Act, but shall not take any other action against that member in respect of a matter being investigated under this section until the Commissioner has considered the report to be provided under this section.

    (3) The person or persons holding the inquiry shall—

    • (a) Take all reasonable steps to ensure that the member against whom the allegation is made is given notice of the reasons for the inquiry; and

    • (b) Give the member or his or her counsel or agent a reasonable opportunity to make submissions and be heard in respect of the allegation.

    (4) The person or persons holding the inquiry shall follow the procedure prescribed in regulations made under section 64 of this Act, but may receive any relevant information whether or not the same information would be admissible in a Court of law.

    (5) For the purposes of this section the person or persons holding any such inquiry shall have the same powers and authority to summon witnesses and receive evidence as are conferred upon Commissions of Inquiry by the Commissions of Inquiry Act 1908, and the provisions of that Act, except sections 11 and 12 (which relate to costs), shall apply accordingly.

    (6) No person shall be called upon to produce any paper, document, record, or thing, or give any evidence if the Minister certifies in writing that to do so would be injurious to the public interest or the interests of the Police.

    (7) So long as any person engaged in any inquiry under this section acts bona fide in the discharge of that person's duties, no action shall lie against that person for anything that he or she may report or say in the course of the inquiry.

    (8) Every witness attending and giving evidence and every counsel or agent appearing at any inquiry under this section shall have the same privileges and immunities as witnesses and counsel in Courts of law.

    (9) Where the allegation under inquiry involves 2 or more sworn members of the Police, the person or persons holding the inquiry may hear the cases together.

    Compare: 1958 No 109 s 33

    Subsection (1) of the original section 12 was substituted, as from 7 April 1988, by section 4(1) Police Amendment Act 1988 (1988 No 3).

    Subsection (3) of the original section 12 was amended, as from 7 April 1988, by section 4(2) Police Amendment Act 1988 (1988 No 3) by omitting the words of the Minister or, as the case may require,.

    Subsection (4) of the original section 12 was inserted, as from 11 October 1978, by section 3 Police Amendment Act 1978 (1978 No 32).

    Part 1, comprising sections 3 to 15 was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

13 Acting appointments
  • (1) In the case of the absence from duty of any member of the Police other than the Commissioner (from whatever cause arising) or on the occurrence from any cause of a vacancy (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, or for any other special purpose, the Commissioner may—

    • (a) Authorise any member of the Police to exercise all or any of the powers and duties under this Act or any other Act, of any rank higher than that member's own rank; or

    • (b) Appoint any member of the Police temporarily to any higher rank, whether commissioned or non-commissioned.

    (2) Any authority or appointment under this section may be given or made before the occasion arises or while it continues, and no such authority or appointment, and nothing done by any member of the Police acting pursuant to any such authority or appointment, shall be questioned in any proceedings on the ground that the occasion has not arisen or had ceased, or on the ground that the member had not been appointed to any rank to which the authority relates.

    (3) The Commissioner may at any time revoke any authority given or any appointment made under this section.

    Compare: 1958 No 109 s 15

    Subsection (1) of the original section 13 was substituted, as from 1 December 1961, by section 3 Police Amendment Act 1961 (1961 No 122).

    Part 1, comprising sections 3 to 15, was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

13A Promotion Board may rescind recommendations
  • [Repealed]

    Section 13A was inserted, as from 20 October 1972, by section 2 Police Amendment Act 1972 (1972 No 32).

    Section 13A was repealed, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

13B Reinstatement in former rank following demotion
  • [Repealed]

    Section 13B was inserted, as from 13 January 1984, by section 2 Police Amendment Act 1983 (1983 No 133).

    Section 13B was repealed, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

14 Resignation
  • (1) No sworn member of the Police may resign his or her office unless that member has given to the Commissioner not less than 14 days notice in writing of his or her intention to resign, or has been authorised in writing by the Commissioner to resign.

    (2) Except with the permission of the Commissioner, no sworn member of the Police may withdraw any such notice of intention to resign.

    (3) Where in the opinion of the Governor-General special circumstances require that no sworn member of the Police shall resign without permission, the Governor-General may, by Warrant under the Governor-General's hand, declare that no sworn member of the Police shall resign except on the conditions set out in the Warrant.

    (4) Any sworn member who resigns his or her office otherwise than in accordance with the provisions of this section, or otherwise than in accordance with the provisions of a Warrant for the time being in force under this section, or who deserts from the Police, commits an offence and shall be liable to a fine not exceeding $100 or to forfeit all pay then due or becoming due to him or her as a member of the Police, or both.

    Compare: 1958 No 109 s 16

    Subsection (1) was amended, as from 7 April 1988, by section 5(1) Police Amendment Act 1988 (1988 No 3) by substituting the words a cadet, or a recruit for the words or a cadet.

    Subsection (2) was substituted, as from 20 October 1972, by section 3 Police Amendment Act 1972 (1972 No 32).

    Subsections (3) and (4) were substituted, for the original subsection (3), as from 11 October 1978, by section 4 Police Amendment Act 1978 (1978 No 32).

    Subsection (4) was amended, as from 7 April 1988, by section 5(2) Police Amendment Act 1988 (1988 No 3) by substituting the words the Commissioner for the words the Minister or the Commissioner, as the case may require,.

    Part 1, comprising sections 3 to 15, was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

15 Power to transfer members within the Police
  • (1) Where the Commissioner at any time finds in respect of any duties being carried out by the Police—

    • (a) That those duties are no longer to be carried out by the Police; or

    • (b) That a greater number of members of the Police is employed on those duties than is considered by the Commissioner to be necessary for the efficient carrying out of those duties,—

    the Commissioner may, without complying with sections 8 and 9 of this Act, but subject to the provisions of any agreement under section 67 or section 75 of this Act and to subsections (2) and (3) of this section, appoint to other positions in the Police any or all of the members who are carrying out those duties.

    (2) The only appointments that may be made under this section shall be—

    • (a) The appointment of any sworn member of the Police to a sworn position; and

    • (b) The appointment of any non-sworn member of the Police to a non-sworn position.

    (3) Before making an appointment under this section, the Commissioner shall consult with the member about the proposed appointment.

    (4) Nothing in section 11 of this Act applies in relation to any appointment made under this section.

    Part 1, comprising sections 3 to 15, was substituted, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

16 Resignation
  • [Repealed]

    Subsection (1) was amended, as from 13 January 1981, by section 2(1) Police Amendment Act 1980 (1980 No 130), by substituting the words 14 days, for the words one month's.

    Section 16 was repealed, as from 19 December 1989, by section 3 Police Amendment Act 1989 (1989 No 138).

Part 2
Police superannuation and retirement

17 Interpretation
  • In this Part of this Act, unless the context otherwise requires,—

    Contributor means a contributor to the Fund

    Fund means the Government Superannuation Fund established under the Government Superannuation Fund Act 1956

    Terms and expressions defined in the Government Superannuation Fund Act 1956 shall, when used in this Part of this Act, have the meaning so defined.

    Section 17 was amended, as from 1 November 1976, by section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30) by substituting the expression the Government Superannuation Fund Act 1956 for the expression the Superannuation Act 1956.

18 Contributors
  • [Repealed]

    Section 18 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

19 Rates of contribution
  • [Repealed]

    Section 19 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

20 Rates of contribution by existing contributors
  • [Repealed]

    Section 20 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

21 Computation of contributory service
  • [Repealed]

    Section 21 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

22 Transfer to or from Government service
  • [Repealed]

    Section 22 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

23 Reimbursement of Fund
  • [Repealed]

    Section 23 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

24 No election to contribute in respect of certain employment
  • [Repealed]

    Section 24 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

25 Special provisions as to service in island territories
  • [Repealed]

    Section 25 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

26 Superannuation Act 1956 to apply
  • [Repealed]

    Section 26 was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).

26A State services superannuation schemes
  • (1) The Commissioner may exercise in respect of members of the Police the powers conferred by section 84A of the State Sector Act 1988 (which relates to the establishment of superannuation schemes for employees) on any employer in the State services, and that section and sections 84B to 84D of that Act shall apply accordingly with all necessary modifications.

    (2) This section shall have effect notwithstanding anything in section 96 of this Act.

    Section 26A was inserted, as from 1 July 1992, by section 3 Police Amendment Act 1992 (1992 No 63).

27 Age of retirement
  • [Repealed]

    Section 27 was substituted, as from 1 May 1985, by section 2 Police Amendment Act 1985 (1985 No 65).

    Subsection (4) was substituted, as from 16 October 1964, by section 2 police Amendment Act 1964 (1964 No 20).

    Subsection (5A) was inserted, as from 1 October 1999, by section 8 Human Rights Amendment Act 1999 (1999 No 100).

    Subsection (8)(aa) was inserted, as from 1 July 1992, by section 4 Police Amendment Act 1992 (1992 No 63).

    Section 27 was repealed, as from 1 January 2002, by section 63(1) Human Rights Amendment Act 2001 (2001 No 96).

28 Retirement of medically unfit
  • (1) Any member of the Police who is certified by 2 medical practitioners nominated by the Commissioner and approved under subsection (5A) of this section to be substantially medically unfit (whether the unfitness relates to the physical or mental condition of the member) to perform any specified duties in the Police which the Commissioner considers suitable for him may be required by the Commissioner by notice in writing to retire from the Police within such time, being not less than one month, as may be specified in the notice:

    Provided that the member may, with the consent of the Commissioner, waive his right to notice and retire immediately.

    (2) Any member required under this section to retire from the Police shall, on the expiration of the time specified in that behalf in the notice, cease to be a member:

    Provided that where an appeal is commenced under subsection (3) of this section, the appellant shall not cease to be a member until he has been notified by the Commissioner of the result of the appeal.

    (3) Any member who is required under this section to retire from the Police may appeal against the requirement.

    (4) Every appeal shall be commenced by notice of appeal delivered to the Commissioner within 7 days after the receipt of the notice referred to in subsection (1) of this section.

    (5) Any appeal under this section shall be determined by 3 medical practitioners of whom one shall be appointed by the Commissioner and approved under subsection (5A) of this section and one by the appellant and the third by agreement between the medical practitioners already appointed or, failing agreement, by the Director-General of Health. Any decision of a majority of the medical practitioners appointed as aforesaid shall be the decision in the appeal.

    (5A) Every medical practitioner nominated under subsection (1) of this section or appointed by the Commissioner under subsection (5) of this section shall,—

    • (a) Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner approved by the Government Superannuation Fund Authority; and

    • (b) Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner approved by the trustees of that scheme.

    (6) Subject to the provisions of subsection (5) of this section the medical practitioners appointed under that subsection after full inquiry may dismiss the appeal or allow the appeal subject to the appellant complying with any conditions specified by them.

    (7) Where any member of the Police who is a member of the Government Superannuation Fund Police Sub-Scheme retires from the Police under this section, that member of the Police shall, subject to section 88F of the Government Superannuation Fund Act 1956, be entitled to a retiring allowance calculated in accordance with that section.

    (8) Where any member of the Police who is a member of a State services superannuation scheme retires from the Police under this section, that member of the Police shall, subject to the provisions of that scheme, be entitled to the benefits provided for in the event of retirement from the Police.

    Compare: 1947 No 13 s 19

    The original subsection (1) was amended, as from 16 October 1964, by section 3(1) Police Amendment Act 1964 (1964 No 20) by inserting the words and approved by the Government Superannuation Board, and the words (whether the unfitness relates to the physical or mental condition of the member were inserted by section 3 Police Amendment Act 1976.

    Subsection (1) was amended, as from 1 July 1992, by section 5(1) Police Amendment Act 1992 (1992 No 63) by substituting the words and approved under subsection (5A) of this section for the words and approved by the Government Superannuation Board.

    Subsection (1) was amended, as from 14 December 1976, by section 3 Police Amendment Act 1976 (1976 No 154) by inserting the words (whether the unfitness relates to the physical or mental condition of the member).

    Subsection (1) proviso was inserted, as from 13 January 1980, by section 2(2) Police Amendment Act 1980 (1980 No 130).

    The original subsection (5) was amended, as from 16 October 1964, by section 3(1) Police Amendment Act 1964 (1964 No 20) by inserting the words and approved by the Government Superannuation Board.

    Subsection (5) was amended, as from 1 July 1992, by section 5(1) Police Amendment Act 1992 (1992 No 63) by substituting the words and approved under subsection (5A) of this section for the words and approved by the Government Superannuation Board.

    Subsection (5) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word registered. See sections 178 to 227 of that Act as to the transitional provisions.

    Subsection (5A) was inserted, as from 1 July 1992, by section 5(2) Police Amendment Act 1992 (1992 No 63).

    Subsection (5A)(a) was amended, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28) by substituting the words Superintendent of the Government Superannuation Fund for the words Government Superannuation Fund Board. Section 31 incorrectly repealed the words Government Superannuation Board from this subsection.

    Subsection (5A)(a) was amended, as from 2 October 2001, by section 40 Government Superannuation Fund Amendment Act 2001 (2001 No 47) by substituting the words the Government Superannuation Fund Authority for the words the Superintendent of the Government Superannuation Fund. See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001. See section 28 of that Act, which allows the Minister to enter into transitional agreements. See Part 2 of that Act as to various miscellaneous provisions.

    Subsection (7) was inserted, as from 16 October 1964, by section 3(3) Police Amendment Act 1964 (1964 No 20).

    Subsection (7) was substituted, as from 1 July 1992, by section 5(3) Police Amendment Act 1992 (1992 No 63).

    Subsection (8) was inserted, as from 1 July 1992, by section 5(3) Police Amendment Act 1992 (1992 No 63).

28A Commissioner to prescribe standards of fitness
  • (1) For the purpose of sections 11(1) and 28C of this Act, the Commissioner shall from time to time, after consultations with the service organisations, and with the Government Superannuation Fund Authority, and with the trustees of each State services superannuation scheme, prescribe by general instructions issued under section 30 of this Act standards of medical and physical health required of members of the Police to ensure that they are fit to perform competently the duties of their rank and any other duties that may reasonably be required of them from time to time.

    (2) Any such standards may be expressed to apply to all members of the Police generally, or to any particular class of members, whether designated by reference to rank, duties, or age, or otherwise.

    Sections 28A to 28F were inserted, as from 1 May 1985, by section 4 Police Amendment Act 1985 (1985 No 65).

    Subsection (1) was amended, as from 19 December 1989, by section 4 Police Amendment Act 1989 (1989 No 138) by substituting the words sections 11(1) and 28C for the words sections 28C and 28E.

    Subsection (1) was amended, as from 1 July 1992, by section 6 Police Amendment Act (1992 No 63) by inserting the words and with the trustees of each State services superannuation scheme.

    Subsection (1) was amended, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28) by substituting the words Superintendent of the Government Superannuation Fund for the words Government Superannuation Board.

    Subsection (1) was amended, as from 2 October 2001, by section 40 Government Superannuation Fund Amendment Act 2001 (2001 No 47) by substituting the words the Government Superannuation Fund Authority for the words the Superintendent of the Government Superannuation Fund. See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001. See section 28 of that Act, which allows the Minister to enter into transitional agreements, and Part 2 of that Act as to various miscellaneous provisions.

28B Application of sections 28C and 28D
  • Sections 28C and 28D of this Act shall apply to and in respect of every member of the Police who is a member of the Government Superannuation Fund Police Sub-Schemeor who is a member of a State services superannuation scheme.

    Sections 28A to 28F were inserted, as from 1 May 1985, by section 4 Police Amendment Act 1985 (1985 No 65).

    Section 28B was substituted, as from 19 December 1989, by section 5 Police Amendment Act 1989 (1989 No 138).

    Section 28B was amended, as from 1 July 1992, by section 7 Police Amendment Act 1992 (1992 No 63) by inserting the words or who is a member of a State services superannuation scheme.

    Section 28B was amended, as from 1 January 2002, by section 62(2) Human Rights Amendment Act 2001 (2001 No 96), by omitting the words (as defined in section 27(9) of this Act).

28C Compulsory disengagement of unfit
  • (1) If, in respect of any member of the Police to whom this section applies, the Commissioner is satisfied that the member is incapable of performing competently the duties of the member's rank and any other duties that may reasonably be required of the member from time to time, and—

    • (a) Two medical practitioners nominated by the Commissioner and approved under subsection (1A) of this section certify—

      • (i) That the member's incapacity is referable to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act; and

      • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

    • (b) Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved under subsection (1A) of this section certify—

      • (i) That the member's incapacity is referable to the member's psychological unfitness; and

      • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

    • (c) Two medical practitioners or a medical practitioner and a psychologist nominated in each case by the Commissioner and approved under subsection (1A) of this section certify—

      • (i) That the member's incapacity is referable in part to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act and in part to the member's psychological unfitness; and

      • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance,—

    the Commissioner may require the member, by notice in writing, to leave the Police within such time, being not less than one month, as may be specified in the notice.

    (1A) Every medical practitioner or psychologist nominated under subsection (1) of this section by the Commissioner shall,—

    • (a) Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Fund Authority; and

    • (b) Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.

    (2) In any case to which subsection (1) of this section applies, the member may, with the consent of the Commissioner, waive the right to notice and leave the Police immediately.

    (3) Subject to subsection (4) of this section, a member who is required under this section to leave the Police shall cease to be a member of the Police on the expiration of the time specified in that behalf in the notice or (where the member waives the right to notice with the consent of the Commissioner under subsection (2) of this section) on the date on which the Commissioner gives to the member written notice of consent to the waiver.

    (4) Where the member takes a personal grievance action under section 87 of this Act in respect of the requirement to leave the Police, the member shall remain a member of the Police until the action is disposed of; but if reinstatement is not ordered, the member shall cease to be a member of the Police on the date on which written notice of the decision disposing of the action is given to the member.

    Sections 28A to 28F were inserted, as from 1 May 1985, by section 4 Police Amendment Act 1985 (1985 No 65).

    Paragraphs (1)(a), (b), and (c) were amended, as from 1 July 1992, by section 8(1) Police Amendment Act 1992 (1992 No 63) by substituting the words under subsection (1A) of this section for the words by the Government Superannuation Board.

    Subsection (1A) was inserted, as from 1 July 1992, by section 8(2) Police Amendment Act 1992 (1992 No 63).

    Subsection (1A)(a) was amended, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28) by substituting the words Superintendent of the Government Superannuation Fund for the words Government Superannuation Board

    Subsection (1A)(a) was amended, as from 2 October 2001, by section 40 Government Superannuation Fund Amendment Act 2001 (2001 No 47) by substituting the words the Government Superannuation Fund Authority for the words the Superintendent of the Government Superannuation Fund. See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001. See section 28 of that Act, which allows the Minister to enter into transitional agreements, and Part 2 of that Act as to various miscellaneous provisions.

    Subsection (4) was substituted, as from 19 December 1989, by section 6 Police Amendment Act 1989 (1989 No 138).

28D Voluntary disengagement of unfit
  • (1) On the application of any member of the Police to whom this section applies, the Commissioner may permit the member to leave the Police under this section if the Commissioner is satisfied that the member is incapable of performing competently the duties of the member's rank and any other duties that may reasonably be required of the member from time to time, and—

    • (a) Two medical practitioners nominated by the Commissioner and approved under subsection (1A) of this section certify—

      • (i) That the member's incapacity is referable to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act; and

      • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

    • (b) Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved under subsection (1A) of this section certify—

      • (i) That the member's incapacity is referable to the member's psychological unfitness; and

      • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

    • (c) Two medical practitioners or a medical practitioner and a psychologist nominated by the Commissioner and approved under subsection (1A) of this section certify—

      • (i) That the member's incapacity is referable in part to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act and in part to the member's psychological unfitness; and

      • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

    • (d) The Commissioner is satisfied that the member's incapacity is referable to any personal factor relating to the special circumstances of the member and directly attributable to the member's service with the Police.

    (1A) Every medical practitioner or psychologist nominated under subsection (1) of this section by the Commissioner shall,—

    • (a) Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Fund Authority; and

    • (b) Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.

    (2) Where the Commissioner decides to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision, and the member shall cease to be a member of the Police on the date specified in that behalf in the notice.

    (3) Where the Commissioner refuses to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision.

    Sections 28A to 28F were inserted, as from 1 May 1985, by section 4 Police Amendment Act 1985 (1985 No 65).

    Subsection (1)(a), (b), and (c) were amended, as from 1 July 1992, by section 9(1) Police Amendment Act 1992 (1992 No 63) by substituting the words under subsection (1A) of this section for the words by the Government Superannuation Board.

    Subsection (1A) was inserted, as from 1 July 1992, by section 9(2) Police Amendment Act 1992 (1992 No 63).

    Subsection (1A)(a) was amended, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28) by substituting the words Superintendent of the Government Superannuation Fund for the words Government Superannuation Board.

    Subsection (1A)(a) was amended, as from 2 October 2001, by section 40 Government Superannuation Fund Amendment Act 2001 (2001 No 47) by substituting the words the Government Superannuation Fund Authority for the words the Superintendent of the Government Superannuation Fund. See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001. See section 28 of that Act, which allows the minister to enter into transitional agreements, and Part 2 of that Act as to various miscellaneous provisions.

28E Appeals against compulsory disengagement or refusal of voluntary disengagement
  • [Repealed]

    Sections 28A to 28F were inserted, as from 1 May 1985, by section 4 Police Amendment Act 1985 (1985 No 65).

    Section 28E was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

28F Entitlement to allowances, etc
  • Every person who ceases to be a member of the Police under section 28C or section 28D of this Act shall be entitled to receive such allowances and other benefits as may be prescribed in that behalf by or under the Government Superannuation Fund Act 1956 or the State services superannuation scheme to which that person belongs, as the case may require.

    Sections 28A to 28F were inserted, as from 1 May 1985, by section 4 Police Amendment Act 1985 (1985 No 65).

    Section 28F was amended, as from 1 July 1992, by section 10 Police Amendment Act 1992 (1992 No 63) by inserting the words or the State services superannuation scheme to which that person belongs, as the case may require.

29 Commencement of this Part and repeals
  • (1) This Part of this Act shall come into force on the 1st day of April 1959.

    (2) Sections 12 and 19 of the Police Force Act 1947 and section 4 of the Police Force Amendment Act 1954 are hereby repealed.

Part 3
General

Regulation and discipline of members

30 General instructions
  • (1) The Commissioner may from time to time issue general instructions, not inconsistent with the provisions of this Act or regulations made thereunder, and all members of the Police shall obey and be guided by those instructions.

    (1A) In any such general instructions, the Commissioner may, in respect of sworn members of the Police, fix any conditions of employment that are not for the time being fixed under section 67 of this Act.

    (2) Every general instruction shall remain in force until cancelled by the Commissioner.

    (3) A general instruction is deemed to have been communicated to a member of the Police when the instruction has been—

    • (a) Published in the Police Gazette; or

    • (b) Published in a Police magazine that is published under the authority of the Commissioner and distributed to all members; or

    • (c) Published in a manual of general instructions issued by the Commissioner to all members; or

    • (d) In the case of a member of a particular group of Police, published in a manual of instructions issued by the Commissioner to members of that particular group; or

    • (e) Brought to the personal notice of the member.

    (4) The production at any inquiry or investigation under this Act of a copy of any of the publications referred to in paragraphs (a) to (d) of subsection (3) that purports to contain a copy of any general instruction is sufficient evidence of the making, publication, and content of that general instruction.

    Compare: 1947 No 13 s 15; 1952 No 14 s 3

    Subsection (1A) was inserted, as from 19 December 1989, by section 7 Police Amendment Act 1989 (1989 No 138).

    Subsections (3) and (4) were substituted, as form 3 June 1998, by section 2 Police Amendment Act 1998 (1998 No 56).

30A General instructions as to allowances and expenses
  • [Repealed]

    Inserted, as from 13 December 1968, by section 2(1) Police Amendment Act 1968 (1968 No 100), and repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65). See section 8(2) and (3) of the 1969 Act.

31 Members not to engage in politics
  • Subject to the provisions of sections 52 and 53 of the Electoral Act 1993, no member of the Police shall, while he remains a member, take part in any election of a member of Parliament or of a local authority prescribed in that behalf by regulations under this Act, whether as a candidate or in any other manner, otherwise than by voting:

    Provided that nothing in this section shall apply to the discharge by any member of the Police of his duty at or concerning any such election.

    Compare: 1947 No 13 s 32

    Section 31 was amended, as from 22 October 2003, by section 4 Police Amendment Act 2003 (2003 No 93) by substituting the words sections 52 and 53 of the Electoral Act 1993 for the words sections 30 and 31 of the Electoral Act 1956.

32 Suspension pending hearing of charge
  • (1) Subject to this section, where the Commissioner makes or contemplates making against any sworn member of the Police any criminal charge, or any allegation of misconduct or neglect of duty of or by that member, the Commissioner may—

    • (a) Suspend the member until—

      • (i) The member has been sentenced or otherwise dealt with by a Court; or

      • (ii) A decision has been made under section 5(4) of this Act; or

      • (iii) A decision to proceed or not with the allegation against the member has been made; and

    • (b) Direct that the suspension be with or without pay, or without such part of the member's pay as the Commissioner directs.

    (1A) The Commissioner may, at any time while a suspension remains in force, vary or rescind the decision to suspend the member, or determine that the suspension shall cease on a date earlier than the date on which it would otherwise cease.

    (1B) Before suspending any sworn member of the Police under subsection (1) of this section, the Commissioner shall—

    • (a) Take all reasonable steps to ensure that the member is given notice of the reasons for the proposed suspension; and

    • (b) Give the member or his or her counsel or agent a reasonable opportunity to make submissions and be heard in respect of the proposed suspension.

    (2) The authority conferred on the Commissioner by subsection (1) of this section may, with the prior consent of the Commissioner in each case, be exercised by any commissioned officer.

    (3) Except where the conduct of the member is the subject of criminal proceedings or where any delay in concluding an inquiry occurs through any circumstances beyond the control of the Commissioner, no period of suspension under this section shall continue for longer than 21 days.

    (3A) Where the conduct of the member is the subject of criminal proceedings the period of suspension under this section may be extended for such further period, not exceeding 28 days after the date on which the proceedings are finally determined, as the Commissioner considers necessary to enable him to consider whether the member should be dismissed under section 5 of this Act.

    (4) Notwithstanding anything in subsection (1) of this section, if the Commissioner directs that any member be suspended without all or any part of his pay, the member or such person as the member may appoint to represent him may within 7 days after the member receives that direction, make oral or written submissions to the Commissioner as to why he should receive all or some more of his pay.

    (5) The Commissioner shall within 7 days after the receipt of any submission made under subsection (4) of this section consider the submission and inform the member or his representative of his decision. If the Commissioner decides that the member should receive all or some more of his pay the member shall be entitled to receive all or some more of his pay in accordance with that decision.

    (6) Notwithstanding anything in subsection (1) or subsection (5) of this section, where under this section a member is suspended from duty and no conviction is recorded in any Court and no charge is proved at an inquiry under section 12 of this Act, the member shall be entitled to receive full pay in respect of the period of suspension but otherwise he shall not receive nor be entitled to receive more pay than that first directed by the Commissioner to be received by the member in respect of that period unless and to the extent that the Commissioner further directs pursuant to this subsection.

    (7) Notwithstanding anything in this section, in the event of any appeal being commenced from the decision of any Court sentencing or otherwise dealing with the member, or from any decision as to the guilt of or the penalty to be imposed on the member made under section 12 of this Act, the suspension of the member shall continue until the appeal has been determined on the same or such new terms as to pay as the Commissioner shall so direct under this subsection.

    The original subsection (1) was substituted, as from 23 November 1973, by section 4(1) Police Amendment Act 1973 (1973 No 103).

    A proviso to the former subsection (1) was inserted, as from 11 October 1978, by section 5 Police Amendment Act 1978 (1978 No 32).

    Subsection (1) was substituted, as from 19 December 1989, by section 8 Police Amendment Act 1989 (1989 No 138).

    Subsection (3A) was inserted, as from 14 December 1976, by section 4 Police Amendment Act 1976 (1976 No 154).

    Subsection (3A) was amended, as from 1 July 1992, by section 3(a) Police Amendment Act (No 2) (1992 No 68) by substituting the expression section 5 for the expression section 35.

    The original subsection (4) was substituted, and subsections (5) to (7) were inserted, as from 16 October 1964, by section 4 Police Amendment Act 1964 (1964 No 20).

    Subsections (4) to (7) were further substituted, as from 23 November 1973, by section 4(2) Police Amendment 1973 (1973 No 103).

    Subsections (6) and (7) were amended, as from 1 July 1992, by section 3(b) Police Amendment Act (No 2) (1992 No 68) by substituting the expression section 12 for the expression section 33.

33 Inquiries as to breaches of duty
  • [Repealed]

    Subsection (1)(a) was amended, as from 14 December 1976, by section 5(1) Police Amendment Act 1976 (1976 No 154), by inserting the words and of whom one shall be appointed at act as a Chairman at the inquiry.

    Subsection (1)(a) and (b) was amended, as from 7 April 1988, by section 6(1) Police Amendment Act 1988 (1988 No 3) by substituting the word Commissioner for the word Minister.

    Subsection (1)(b)(iv) was amended, as from 16 December 1983, by section 3(1)(a) Police Amendment Act 1983 (1983 No 133), by substituting the expression $500 for the expression $400.

    Subsection (2)(b)(iv) was amended, as from 16 December 1983, by section 3(1)(b) Police Amendment Act 1983 (1983 No 133), by substituting the expression $500 for the expression $250.

    Subsection (3) was amended, as from 7 April 1988, by section 6(2) Police Amendment Act 1988 (1988 No 3) by inserting the words or a cadet or a recruit.

    Subsection (3)(a) was amended, as from 20 October 1972, by section 4(1) Police Amendment Act 1972 (1972 No 32), by substituting the words on payment of such sum as he thinks just and reasonable towards the costs of the inquiry, or discharge the offender without penalty, for the words without penalty.

    Subsection (3)(b)(iii) was amended, as from 16 December 1983, by section 3(1)(c) Police Amendment Act 1983 (1983 No 133), by substituting the expression $500 for the expression $175.

    Subsection (3A) was inserted, as from 14 December 1976, by section 5(2) Police Amendment Act 1976 (1976 No 154).

    Subsection (5) was amended, as from 20 October 1973, by section 4(2) Police Amendment Act 1972 (1972 No 32), by substituting the words on payment of such sum as he thinks just and reasonable towards the costs of the inquiry, or discharge the offender without penalty, for the words without penalty.

    Subsection (5) was amended, as from 7 April 1988, by section 6(3) Police Amendment Act 1988 (1988 No 3) by substituting the words the Commissioner for the words the Minister or, as the the case may require, the Commissioner,

    Subsection (5A) was inserted, as from 20 October 1972, by section 4(3) Police Amendment Act 1972 (1972 No 32).

    Subsection (6) was amended, as from 20 October 1972, by section 4(4) Police Amendment Act 1972) (1972 No 32, by inserting the words and subsection (10).

    Section 33 was repealed, as from 19 December 1989, by section 9 Police Amendment Act 1989 (1989 No 138).

34 Appeal following inquiry into breach of duty
  • [Repealed]

    Subsection (1) was amended, as from 13 December 1968, by section 3 Police Amendment Act 1968 (1968 No 100), by omitting the words a constable on probation, or a temporary member who has served in the Police for less than 2 years, or

    Subsection (1) was amended, as from 7 April 1988, by section 7(1) Police Amendment Act 1988 (1988 No 3) by inserting the words or a recruit.

    Subsection (3) was substituted, as from 14 December 1976, by section 6(1) Police Amendment Act 1976 (1976 No 154).

    Subsection (3) was substituted, as from 22 October 1981, by section 3(2) Police Amendment Act 1981 (1981 No 86).

    Subsection (4) was substituted, as from 7 April 1988, by section 7(2) Police Amendment Act 1988 (1988 No 3).

    Section 34 was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

34A Appeal by Commissioner against finding of disciplinary proceedings
  • [Repealed]

    Section 34A was inserted, as from 14 December 1976, by section 7 Police Amendment Act 1976 (1976 No 154).

    Subsection (4)(c) was amended, as from 7 April 1988, by section 8 Police Amendment Act 1988 (1988 No 3) by omitting the words The Minister or, as the case may require,.

    Section 34A was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

35 Dismissal
  • [Repealed]

    Subsection (1) was substituted, as from 7 April 1988, by section 9 Police Amendment Act 1988 (1988 No 3).

    Subsections (2) to (5) were inserted, as from 23 November 1973, by section 6 Police Amendment Act 1973 (1973 No 103).

    Section 35 was repealed, as from 19 December 1989, by section 9 Police Amendment Act 1989 (1989 No 138).

36 Appeal against dismissal
  • [Repealed]

    Subsection (2) was substituted, as from 23 November 1973, by section 7(1) Police Amendment Act 1973 (1973 No 103).

    Subsection (3) was amended, as from 23 November 1973, by section 7(2) Police Amendment Act 1973 (1973 No 103), by substituting the words on the same or such new terms as to pay as the Commissioner shall so direct under this subsection for the words without pay.

    Section 36 was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

Miscellaneous provisions as to members of the Police

37 Oath to be taken
  • (1) Every constable shall take the following oath before a Justice or a commissioned officer of Police:

    I, A.B., do swear that I will well and truly serve our Sovereign Lady the Queen in the Police, without favour or affection, malice or ill-will, until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved; that I will prevent to the best of my power all offences against the peace; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me God.

    (2) Every person who has taken and subscribed the oath as aforesaid shall be taken to have thereby entered into a written agreement with, and shall be bound to serve Her Majesty as a member of the Police, in whatsoever capacity he may, in accordance with the provisions of this Act, be required to serve, and at the current rate of pay of any rank to which he may be appointed or reduced, until legally discharged; and that agreement shall not be set aside, cancelled, or annulled for want of reciprocity; but every such agreement shall be determined by the resignation, discharge, retirement, dismissal, or other removal from office of any such person.

    Compare: 1947 No 13 s 9

    Subsection (1) was amended, as from 7 April 1988, by section 10 Police Amendment Act 1988 (1988 No 3) by substituting the word constable for the words Member of the Police.

38 Execution of processes
  • (1) Every non-commissioned officer and constable shall obey and execute all the lawful summonses, warrants, orders, and directions of any District Court Judge, Justice, or Community Magistrate issued through the Registrar of a District Court of criminal jurisdiction.

    (2) Any warrant, order, or other process of any Court or of any Judge, District Court Judge, Justice, or Community Magistrate directed to any non-commissioned officer or constable may be executed and enforced by any other member of the Police or his assistants; and every member and his assistants shall have the same rights, powers, and authorities for and in the execution of any such process, as if the same had been originally directed to him or them expressly by name.

    (3) Where a process has been issued for the arrest of any person and has not been executed, any member of the Police in uniform or any other member on production of his identification or warrant card or other evidence that he is a member of the Police may, without having the process in his possession, arrest the person in respect of whom the process is issued.

    Compare: 1947 No 13 ss 36(1), 37

    Subsections (1) and (2) were amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting the words , Justice, or Community Magistrate for the words or Justice.

    The words District Court Judge and District Court were substituted for the words Magistrate and Magistrates' Court respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

39 Protection of members for acts pursuant to process
  • (1) Where any process has been issued out of any Court, or by any Judge, District Court Judge, Justice, Community Magistrate, or Registrar or Deputy Registrar of any Court, no member of the Police doing anything in obedience to any such process shall be responsible for any irregularity in the issuing of the process, or for any want of jurisdiction in the issuing of the same.

    (2) On the production of any such process and on proof that it was issued out of a Court, or, as the case may be, that the signature thereto is in the handwriting of the person whose name appears subscribed thereto, and that person is reputed to be and acts as a Judge, District Court Judge, Justice, Community Magistrate, or Registrar or Deputy Registrar of any Court, and that the acts complained of were done in obedience to the process, the Court trying any action against any member of the Police in respect of any act done in obedience to the process shall find a verdict for that member, and the member shall recover his costs of suit.

    (3) For the purposes of this section, the term process includes any computer printout to which section 88 or section 93 of the Summary Proceedings Act 1957 applies.

    Compare: 1947 No 13 s 38

    The words District Court Judge were substituted for the word Magistrate, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Subsections (1) and (2) were amended, as from 1 April 1996, by section 2(1) Police Amendment Act 1995 (1995 No 66) by substituting the words Justice, or Registrar or Deputy Registrar of any Court for the words or Justice. See clause 2 Police Amendment Act Commencement Order 1996 (SR 1996/28).

    Subsections (1) and (2) were amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words Community Magistrate,.

    Subsection (3) was inserted, as from 1 April 1996, by section 2(2) Police Amendment Act 1995 (1995 No 66). See clause 2 Police Amendment Act Commencement Order 1996 (SR 1996/28).

    Subsection (3) was amended, as from 9 October 2006, by section 20(2) Summary Proceedings Amendment Act 2006 (2006 No 13) by substituting the words section 88 or section 93 for the expression section 88(1A). See section 41 of that Act for the transitional provisions.

40 Member may appear in Court by another member
  • In any proceedings in a District Court or before the Licensing Control Commission or before a Licensing Committee or before any other Commission, Inquiry, Board, or Tribunal, any member of the Police who is to appear in the execution of his duty other than as a witness, may appear by any other member of the Police.

    The words District Court were substituted for the word Magistrates' Court, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Section 40 was amended, as from 14 December 1976, by section 8 Police Amendment Act 1976 (1976 No 154) by inserting the words or before any other Commission, Inquiry, Board, or Tribunal.

41 Evidence of right to hold office
  • If any question arises as to the right of any member of the Police to hold or execute his office, common reputation shall be evidence of that right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of that right.

    Compare: 1947 No 13 s 10

42 Pensions in respect of death or disablement
  • (1) Subject to the provisions of this section, where the disablement or death of any member of the Police has occurred (whether before or after the commencement of this Act) and is attributable to, or aggravated or precipitated by, his service as a member, there may be paid to him and his dependants (in the case of his disablement) and to his dependants (in the case of his death) pensions and allowances at rates not exceeding the rates that would be payable if he had been a member of the Forces within the meaning of the War Pensions Act 1954 and if his disablement or death were attributable to, or aggravated or precipitated by, his service as a member of the Forces.

    (2) For the purposes of determining the appropriate rates of pension to be paid under this section, members of the Police may be graded in such manner as may be prescribed by regulations under this Act.

    (3) All applications for pensions and allowances under this section shall be made in writing to the Secretary for War Pensions who shall, as soon as practicable thereafter, submit the application for determination by a War Pensions Board established under the War Pensions Act 1954, and the Board shall with respect to the hearing of the application have the same powers as if the application were an application under that Act.

    (4) In considering any application for the grant of a pension or allowance to any person under this section the Board shall take into consideration any amount paid by way of retiring allowance, compensation, damages, or compassionate allowance out of the Crown Bank Account or out of any Government or other Superannuation Fund or from any other source in respect of the disablement or death of the member.

    (5) Nothing in this section shall apply in respect of service on or after the commencement of section 63 of the Accident Compensation Act 1972.

    Compare: 1947 No 13 s 43A; 1955 No 103 s 5

    Subsection (1) was amended, as from 13 January 1981, by section 3 Police Amendment Act 1980 (1980 No 130) by inserting the words or aggravated or precipitated by in two places.

    Subsection (4) was amended, as from 1 July 1989, by section 83(7) Public Finance Act 1989 (1989 No 44) by substituting the words the Crown Bank Account for the words the Public Account.

    Subsection (5) was inserted, as from 14 November 1973, by section 18 War Pensions Amendment Act 1973 (1973 No 33).

43 Injuries in execution of duty
  • Any injuries suffered by a member of the Police—

    • (a) While on duty or while on a direct journey from his home to report for duty or to his home after duty; or

    • (b) While not on duty in the performance of some act which is within the scope of his ordinary duties; or

    • (c) In consequence of some act performed in the execution of his duty,—

    shall be deemed to have arisen out of and in the course of his employment.

44 On termination of office, powers to cease
  • (1) When a member of the Police ceases to hold and exercise his office, all powers and authorities vested in him as a member of the Police shall immediately cease.

    (2) For the purposes of this section, a member of the Police shall be deemed to have ceased to hold and exercise his office during any period when he is on leave if, at the expiration of that leave, he will not return to duty in the Police.

    Compare: 1947 No 13 s 13

Promotion Board and Appeal Board

45 Promotion Board
  • [Repealed]

    Section 45 was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

46 Appeal Board
  • [Repealed]

    Section 45 was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

47 Nominated members of Appeal Board
  • [Repealed]

    Section 47 was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

48 Procedure of Appeal Board
  • [Repealed]

    Section 48 was repealed, as from 19 December 1989, by section 10(2) Police Amendment Act 1989 (1989 No 138).

Police dogs

  • The heading Police dogs was inserted, after section 48, as from 1 July 1996, by section 3 Police Amendment Act 1996 (1996 No 16).

44A Police dogs may accompany police dog handlers
  • Notwithstanding any other Act or law,—

    • (a) A police dog under the control of a police dog handler may enter and be on any place that the police dog handler may lawfully in the course of police duties enter or be upon:

    • (b) The Commissioner and a police dog handler in charge of a police dog shall not be liable in any way by reason only of a police dog having entered or having been on any place in accordance with paragraph (a) of this section.

    Compare: Police Dogs Act 1984 s 4 (Queensland)

    Sections 44A to 44E were inserted, after section 48, as from 1 July 1996, by section 3 Police Amendment Act 1996 (1996 No 16).

44B Obstruction of police dog constitutes obstruction of police dog handler
  • A person who—

    • (a) Obstructs or hinders; or

    • (b) Aids or incites another to obstruct or hinder,—

    a police dog working under the control of a police dog handler while that police dog handler is performing his or her duties as a member of the Police obstructs or, as the case may be, hinders that member.

    Compare: Police Dogs Act 1984, s 6 (Queensland)

    Sections 44A to 44E were inserted, after section 48, as from 1 July 1996, by section 3 Police Amendment Act 1996 (1996 No 16).

44C Killing or injuring police dogs
  • (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 or to both who kills, maims, wounds, or otherwise injures a police dog without lawful excuse.

    (2) On the conviction of any person of an offence against this section, the Court may, in addition to any penalty imposed, order that person to pay to the Commissioner a reasonable sum for—

    • (a) The treatment, care, rehabilitation, and retraining of the police dog; and

    • (b) Where it is necessary to replace the police dog, the acquisition and training of its replacement.

    Compare: Police Dogs Act 1984, s 7 (Queensland)

    Sections 44A to 44E were inserted, after section 48, as from 1 July 1996, by section 3 Police Amendment Act 1996 (1996 No 16).

44D Evidentiary provisions
  • In any proceedings, a certificate purporting to be signed by the Commissioner or the officer in charge of the New Zealand Police Dog Training School and certifying that, at a specified time or during a specified period,—

    • (a) A dog identified in that certificate was a police dog; or

    • (b) A person named in that certificate was a police dog handler,—

    shall be sufficient evidence, until the contrary is proved, of the matters so certified.

    Compare: Police Dogs Act 1984, s 8 (Queensland)

    Sections 44A to 44E were inserted, after section 48, as from 1 July 1996, by section 3 Police Amendment Act 1996 (1996 No 16).

44E Power to require name and address
  • (1) A member of the Police who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against section 44C of this Act may require that person to state—

    • (a) His or her name and address; and

    • (b) His or her date of birth.

    (2) If the member of the Police has reasonable ground to suppose that any particulars that a person has been required to supply under subsection (1) of this section are false, that member of the Police may require that person to supply satisfactory evidence of his or her name and address and his or her date of birth.

    (3) If any person, without reasonable excuse, refuses, or fails to supply any particulars or evidence when required to do so by any member of the Police under this section, and persists in that refusal or failure after being cautioned by the member of the Police, that person may be arrested, without warrant, by the member of the Police.

    (4) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who, having been required by any member of the Police to supply any particulars or evidence under this section, without reasonable excuse,—

    • (a) Refuses or fails to supply the particulars or evidence; or

    • (b) Supplies any particulars or evidence knowing that the particulars or evidence are false in a material respect.

    Compare: Police Dogs Act 1984, s 10 (Queensland)

    Sections 44A to 44E were inserted, after section 48, as from 1 July 1996, by section 3 Police Amendment Act 1996 (1996 No 16).

Offences

49 Gaining admission to Police by false representations
  • Every person who by any false or forged certificates or any false representations, obtains admission or readmission into the Police commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200, or to both.

    Compare: 1947 No 13 s 31

50 Member failing to return property
  • [Repealed]

    Subsection (1) was substituted, as from 20 October 1972, by section 5 Police Amendment Act 1972 (1972 No 32).

    Subsection (2) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words or Community Magistrate.

    Section 50 was repealed, as from 22 October 2003, by section 5 Police Amendment Act 2003 (2003 No 93).

51 Personation of member
  • (1) Every person who, not being a member of the Police, by words, conduct, or demeanour pretends that he is a member, or puts on or assumes the dress, name, designation, or description of a member of the Police, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200, or to both.

    (2) Any member of the Police may arrest without warrant any person who he has reasonable cause to believe is committing or has committed an offence against this section.

    Compare: 1947 No 13 s 29

51A Unauthorised use of Police uniforms, etc
  • (1) Every person, other than a member of the Police, commits an offence who uses—

    • (a) Any uniform, or item of uniform, or any other article, to which this section applies; or

    • (b) Any uniform, or item of uniform, or any other article, that closely resembles any uniform, or item of uniform, or other article to which this section applies—

    in circumstances likely to lead any person to believe that the user is a member of the Police.

    (2) Every person commits an offence who uses—

    • (a) Any uniform, or item of uniform, or any other article, to which this section applies; or

    • (b) Any uniform, or item of uniform, or any other article, that closely resembles any uniform, or item of uniform, or other article to which this section applies,—

    without the prior approval of the Commissioner.

    (3) No approval given under subsection (2) of this section shall authorise any person to use any uniform, item of uniform, or other article in circumstances likely to lead any person to believe that the user is a member of the Police.

    (4) This section applies to—

    • (a) Any uniform worn by any members of the Police:

    • (b) Any item of any such uniform:

    • (c) Any crest, badge, emblem, design, logogram, or other distinguishing article used, worn, or carried by any member or employee of the Police while on duty and described in regulations made under this Act.

    (5) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $500, and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.

    (6) In any proceedings for an offence against this section, a certificate by the Commissioner to the effect that—

    • (a) Any uniform or any item of uniform is worn by any member of the Police; or

    • (b) Any crest, badge, emblem, design, logogram, or other distinguishing article is used, worn, or carried by any member or employee of the Police while on duty—

    shall, in the absence of proof to the contrary, be sufficient evidence of the matters stated in the certificate.

    (7) Nothing in this section shall apply, at any time before the 1st day of June 1986, to the wearing of any uniform or item of uniform by any person, or by any employee of any person, if that uniform or item of uniform was being worn by that person or by any employee of that person in connection with any business, trade, or occupation at the commencement of this section.

    Section 51A was inserted, as from 13 January 1984, by section 4 Police Amendment Act 1983 (1983 No 133).

52 Unlawful possession of Police property
  • Every person who, not being a member of the Police, has in his possession anything whatsoever supplied or to be supplied to a member of the Police, and is not able to account satisfactorily for his possession thereof commits an offence and shall be liable on summary conviction to a fine not exceeding $100.

    Compare: 1947 No 13 s 28

53 Failing to help member of police
  • (1) A member of the police in the lawful execution of his or her duty may ask any person who is 18 years old or older to help the member of the police do either or both of the following:

    • (a) apprehend or secure any person:

    • (b) convey any person in the charge of the member of the police to a police station or other place.

    (2) The member of the police may ask the person for help of that kind only if it is, in the circumstances, a reasonable necessity.

    (3) Every person who, when so asked, fails to give help of that kind to any member of the police commits an offence and is liable on summary conviction to a fine not exceeding $500.

    (4) However, a failure of that kind before the commencement of the Human Rights Amendment Act 2001, and by a person who is not a male, is not an offence under subsection (3).

    Section 53 was substituted, as from 1 January 2002, by section 64 Human Rights Amendment Act 2001 (2001 No 96).

54 Unlawful dealings with prisoners
  • (1) Every person who holds or attempts to hold any communication with any prisoner in the custody or charge of any member of the Police, or who delivers or in any manner attempts to deliver or causes to be delivered to any such prisoner any article or thing whatsoever without the permission of that member of the Police or some responsible member of the Police in charge of that member, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400, or to both.

    (2) Any member of the Police may arrest without warrant any person who he has reasonable cause to believe is committing or has committed an offence against this section.

    Compare: 1947 No 13 s 34

55 Bribing members of the Police
  • Every person who, not being a member of the Police,—

    • (a) Gives or offers or promises to give any member of the Police any bribe, pecuniary or otherwise, or makes any agreement with any member of the Police to induce him in any way to forego his duty; or

    • (b) Requests or incites or induces any member of the Police, or the members of the Police generally, or any section thereof, to act in any manner contrary to duty; or

    • (c) Connives at any act whereby any regulation or instruction in relation to the Police may be evaded,—

    commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 2 years.

    Compare: 1947 No 13 s 30

Miscellaneous

55A Delegation of powers by Commissioner
  • (1) The Commissioner may from time to time, by writing under his or her hand, either generally or particularly,—

    • (a) Delegate to any Assistant Commissioner or Superintendent of Police any of the powers, authorities, duties, and functions of the Commissioner:

    • (b) Delegate to such other member or members of the Police as he or she thinks fit all or any of the Commissioner's powers, authorities, duties, and functions under this Act, the Corrections Act 2004, or any regulations made under either of those Acts.

    (1A) Notwithstanding subsection (1) of this section, the Commissioner shall not delegate to any non-sworn member of the Police or to any other member of the Police who holds a rank below Inspector the power to issue a warrant under section 6(2) of this Act.

    (1B) In any case where the Commissioner has, pursuant to subsection (1) of this section, delegated any powers, authorities, duties, or functions to any member of the Police, that member may, with the prior approval in writing of the Commissioner, delegate such of those powers, authorities, duties, or functions as the Commissioner approves to any other member of the Police.

    (2) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

    (3)  Any delegation under this section may be made to a specified member of the Police or to members of the Police of a specified rank or class, or may be made to the holder or holders for the time being of a specified office or class of offices.

    (4) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner of Police.

    (5) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner of Police by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Commissioner.

    (6) The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

    Section 55A was inserted, as from 14 December 1976, by section 9 Police Amendment Act 1976 (1976 No 154).

    Subsection (1) was substituted, as from 1 July 1992, by section 4 Police Amendment Act (No 2) 1992 (1992 No 68).

    Subsection (1)(a) was amended, as from 15 November 2000, by section 3 Police Amendment Act 2000 (2000 No 75) by inserting the words or Superintendent after the words Assistant Commissioner.

    Subsection (1)(b) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words under this Act, the Corrections Act 2004, or any regulations made under either of those Acts for the words under this Act or any regulations made under this Act. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsections (1A) and (1B) were inserted, as from 19 December 1989, by section 11(2) Police Amendment Act 1989 (1989 No 138).

    Subsection (3) was amended, as from 19 December 1989, by section 11(3) Police Amendment Act 1989 (1989 No 138) by omitting the words Subject to subsection (1) of this section.

56 Committees of Inquiry
  • (1) The Minister may from time to time appoint a Committee of Inquiry, consisting of a District Court Judge and one or more members of the Police, for the purpose of investigating and reporting to the Commissioner on any matter connected with the Police, but any such Committee shall not investigate any matter that may be determined by a Court under Part 4 of this Act.

    (2) Subsections (4) to (8) of section 12 of this Act shall, with the necessary modifications, apply to any such Committee of Inquiry as if its members were appointed to hold an inquiry under that section.

    (3) Subject to this section, such a Committee of Inquiry may regulate its procedure in such manner as it sees fit.

    Subsection (1) was amended, as from 19 October 1965, by section 4 Police Amendment Act 1965 (1965 No 57), by substituting the words but any such Committee shall not investigate any matter in respect of which a principal order may be made by the Police Staff Tribunal under Part 4 of this Act for the words and, without limiting the general application of this subsection, any such Committee may be appointed to investgate as to promotion, pay, and conditions of service in the Police.

    Section 56 was substituted, as from 1 July 1992, by section 5(1) Police Amendment Act (No 2) 1992 (1992 No 68).

57 Particulars for identification of person in custody
  • (1) If any person is in lawful custody on a charge of having committed an offence, a member of the Police may, and if directed by any of his superiors shall, take or cause to be taken any particulars of that person, including his photograph, fingerprints, palm-prints, and footprints, and may use or cause to be used such reasonable force as may be necessary to secure these particulars.

    (1A) Notwithstanding anything in subsection (1) of this section, no fingerprints, palm-prints, or footprints shall be taken under this section unless the person in lawful custody is at a police station, or on other premises, or in any vehicle, being used for the time being as a police station.

    (2) Any person who, after being cautioned, fails to comply with any demand or direction of a member of the Police acting in the exercise of his powers under this section commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding $40, or to both.

    (3) If the person in respect of whom particulars have been taken under this section is acquitted, the particulars shall be forthwith destroyed:

    Provided that this subsection shall not apply if the person is acquitted on account of his insanity or is discharged under section 106 of the Sentencing Act 2002 or section 347 of the Crimes Act 1961.

    (4) [Repealed]

    Compare: 1947 No 13 s 40

    Subsections (1) and (1A) were substituted, as from 20 October 1972, by section 6 Police Amendment Act 1972 (1972 No 32).

    Subsection (3) proviso was amended, as from 1 January 1962, by section 411(1) Crimes Act 1961 (1961 No 43) by inserting the words or section 347 of the Crimes Act 1961.

    Subsection (3) proviso was amended, as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120) by substituting the words section 19 of the Criminal Justice Act 1985 for the words section 42 of the Criminal Justice Act 1954.

    Subsection (3) proviso was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting the words section 106 of the Sentencing Act 2002 for the words section 19 of the Criminal Justice Act 1985. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

    Subsection (4) was inserted, as from 7 April 1988, by section 11 Police Amendment Act 1988 (1988 No 3).

    Subsection (4) was repealed, as from 1 July 1992, by section 6(1) Police Amendment Act (No 2) 1992 (1992 No 68).

57A General search of person in custody
  • (1) Subject to subsection (4) of this section, where any person (in this section referred to as the detainee) is taken into lawful custody and is to be locked up in Police custody, a member of the Police, or any searcher employed for the purpose under section 57B, may conduct a search of that person and take from him all money and all or any property found on him or in his possession, and may use or cause to be used such reasonable force as may be necessary to conduct that search or take any money or property.

    (2) Subject to subsection (3) of this section, and to any order of the Court made under section 58 of this Act or section 404 of the Crimes Act 1961, all money and every item of property taken from the detainee under subsection (1) of this section shall, on request, be returned to him when he is released from custody, except—

    • (a) Any money or property that may be required to be given in evidence in any proceeding arising out of any charge brought against the detainee:

    • (b) Any money or property the possession of which by the detainee constitutes an offence.

    (3) Where the detainee is released from policy custody and taken into custody in any prison, all money and every item of property taken from him under subsection (1) of this section (other than money or property referred to in paragraph (a) or paragraph (b) of subsection (2) of this section) shall, where practicable, be delivered to the manager or other officer in charge of that prison.

    (4) No search shall be conducted under this section unless the detainee is at a police station, or in any other premises, or in any vehicle, being used for the time being for Police purposes.

    (5) Nothing in this section shall limit or affect the right at common law of a constable to search any person upon that person's arrest.

    (6) [Repealed]

    Section 57A was inserted, as from 12 December 1979, by section 2 Police Amendment Act 1979 (1979 No 130).

    Subsection (1) was amended, as from 22 October 1981, by section 4 Police Amendment Act 1981 (1981 No 86) by inserting the words , or any other person employed for the purpose pursuant to regulations made under this Act.

    Subsection (1) was amended, as from 3 June 1998, by section 3 Police Amendment Act 1998 (1998 No 56) by substituting the words or any searcher employed for the purpose under section 57B for the words or any other person employed for the purpose pursuant to regulations made under this Act.

    Subsection (2) was amended, as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120) by substituting the expression 404 for the expression 403.

    Subsection (3) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word prison for the words penal institution in both places they appeared. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsection (3) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word manager for the word Superintendent. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsection (6) was inserted, as from 7 April 1988, by section 12 Police Amendment Act 1988 (1988 No 3).

    Subsection (6) was repealed, as from 1 July 1992, by section 7(1) Police Amendment Act (No 2) 1992 (1992 No 68).

57B Searchers
  • (1) If subsection (2) applies, the member in charge of the place or vehicle in which any person is detained in custody may employ a searcher to conduct a search of that person under section 57A.

    (2) A searcher may be employed to conduct a search under section 57A if the employment of that searcher is necessary to enable the search of the person in custody to be carried out—

    • (a) By someone of the same gender as the person being searched; or

    • (b) Within a reasonable time of that person being taken into custody.

    (3) A searcher employed under subsection (1) must conduct the search under section 57A in accordance with all relevant general instructions issued under section 30, as if he or she were a member of the Police.

    (4) The member in charge of the place or vehicle must be satisfied that a searcher employed under this section has received appropriate training before that searcher conducts a search under section 57A.

    Section 57B was inserted, as from 3 June 1998, by section 4 Police Amendment Act 1998 (1998 No 56).

58 District Court Judge may determine title to property
  • (1) Where a member of the Police is in possession of any property of any kind other than property distrained under the warrant of a Justice or Community Magistrate, and it is doubtful whether a person claiming the property, or which of any 2 or more persons so claiming is entitled to the possession thereof, a District Court Judge, on the application of any member of the Police, or of a claimant to the property, may make an order for the delivery of the property to any person appearing to the District Court Judge to be the owner thereof, or entitled to the possession thereof, or, if the owner or person entitled to possession cannot be ascertained, may make such order with respect to possession of the property as he thinks fit.

    (2) Any application under this section shall be made by originating application to a District Court of Civil Jurisdiction.

    (3) If after the making of any such order an action is commenced against any member of the Police or the Crown for the recovery of the property or the value thereof, the order and the delivery of the property in pursuance thereof may be given and shall be received in evidence in bar of the action:

    Provided that no such order or delivery shall affect the right of any persons entitled by law to possession of the property to recover the same.

    Compare: 1947 No 13 s 41

    The words District Court Judge and District Court were substituted for the words Magistrate and Magistrates' Court respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words or Community Magistrate.

59 Unclaimed property
  • (1) Any goods and chattels which have come into the possession of any member of the Police and which are unclaimed after being held for not less than 3 months, shall, by the direction of the Commissioner, be sold by public auction, a notice of the sale having been previously published 3 times in some newspaper circulating in the district in which the sale is to be held:

    Provided that perishable goods may be sold at any time and in such manner as the District Commander may direct, or if valueless may be destroyed.

    (2) The proceeds of every sale must be paid into the Crown Bank Account, after deducting the costs incurred in—

    • (a) Advertising and conducting the sale; and

    • (b) Storing, transporting, testing, or otherwise preparing the goods and chattels for sale.

    (3) The Commissioner may, if he thinks fit, appoint any person, not being the holder of a licence under the Auctioneers Act 1928, to conduct any such sale by auction.

    (4) Any money that has come into the possession of a member of the Police in the course of duty, and is unclaimed, must be paid into the Crown Bank Account.

    Compare: 1947 No 13 s 42

    Subsection (1) proviso was amended, as from 13 February 1959, by regulation 8 of Police Regulations 1959 (SR 1985/259) by substituting the words District Commander for the words the officer in charge of a district.

    The original subsection (2) was amended, as from 1 April 1964, by section 4(4) Public Revenues Amendment Act 1963 (1963 No 46) by substituting the words Consolidated Revenue Account for the words Consolidated Fund.

    The original subsection (2) was amended, as from 1 April 1978, by substituting the words Consolidated Account for the words Consolidated Revenue Account.

    The original subsection (2) was amended, as from 1 July 1989, by section 83(7) Public Finance Act 1989 (1989 No 44) by substituting the words the Crown Bank Account for the words Consolidated Account.

    Subsection (2) was substituted, as from 3 June 1998, by section 5(1) Police Amendment Act 1998 (1998 No 56).

    Subsection (4) was inserted, as from 3 June 1998, by section 5(2) Police Amendment Act 1998 (1998 No 56).

60 Limitation of actions
  • [Repealed]

    Section 60 was repealed, as from 7 April 1988, by section 13 Police Amendment Act 1988 (1988 No 3).

61 Publication of Police Gazette
  • The Commissioner may cause to be published, at such intervals as he thinks fit, a gazette, to be known as the Police Gazette, in which shall be published such notices and other matters as are required by this Act, or by regulations made under this Act, to be published therein, and such other matters (if any) as the Commissioner from time to time thinks expedient.

    The reference to $100 was substituted, as from 10 July 1967, for a reference to £50 pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    Section 61 was substituted, and 61A was inserted, as from 11 October 1978, by section 7 Police Amendment Act 1978 (1978 No 32).

    Section 61 was amended, as from 3 June 1998, by section 6 Police Amendment Act 1998 (1998 No 56) by substituting the word may for the word shall.

61A Confidentiality of Police Gazette and other documents protected
  • (1) The following publications and documents, namely,—

    • (a) The Police Gazette; and

    • (b) Every other Police Notice or Police Circular or other document of a like nature that—

      • (i) Contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and

      • (ii) Is published by any member of the Police; and

      • (iii) Is intended by that member for circulation only to members of the Police; and

    • (c) Every copy of any such document,—

    are hereby declared to be confidential Police documents, and shall not be disclosed pursuant to the Official Information Act 1982 or otherwise without the written permission of the Commissioner.

    (2) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $500 who, without lawful authority or reasonable excuse (the proof whereof shall be on the person charged), has in his possession any document declared by subsection (1) of this section to be a confidential Police document.

    (3) [Repealed]

    (4) No civil or criminal proceedings shall be taken in respect of anything contained in any document declared by subsection (1) of this section to be a confidential Police document.

    Section 61 was substituted, and 61A was inserted, as from 11 October 1978, by section 7 Police Amendment Act 1978 (1978 No 32).

    Subsection (1) was substituted, as from 19 December 1989, by section 12(1) Police Amendment Act 1989 (1989 No 138).

    Subsection (3) was repealed by section 12(2) of the Police Amendment Act 1989 (1989 No 138).

62 Proceedings not to be quashed for want of form
  • No charge, conviction, order, inquiry, recommendation, appeal, determination, decision, or other act or proceeding under this Act shall be quashed or set aside or be deemed void or insufficient for want of form only, or, except upon the ground of lack of jurisdiction, be removed or removable by certiorari or other writ or process whatsoever into the High Court.

    Compare: 1947 No 13 s 45

    The words High Court were substituted for the words Supreme Court, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

63 Fines
  • (1) All fines recovered under this Act shall be paid into the Crown Bank Account.

    (2) The amount of any fine or other sum ordered to be paid by a member of the Police, pursuant to this Act, may be deducted from any money due or thereafter becoming due from the Crown to that member by way of salary or otherwise.

    Compare: 1947 No 13 s 46

    Subsection (1) was amended, as from 1 April 1964, by section 4(4) Public Revenues Amendment Act 1963 (1963 No 46) by substituting the words Consolidated Revenue Account for the words Consolidated Fund.

    Subsection (1) was amended, as from 1 April 1978, by substituting the words Consolidated Account for the words Consolidated Revenue Account.

    Subsection (1) was amended, as from 1 July 1989, by section 83(7) Public Finance Act 1989 (1989 No 44) by substituting the words the Crown Bank Account for the words Consolidated Account.

64 Regulations
  • (1) The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

    (2) Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:

    • (a) Providing for the government, maintenance, duties, discipline, and control of the Police and for the transfer of members of the Police to any other duty or position whether in the same district or not:

    • (b) Prescribing the ranks of sworn or non-sworn members of the Police:

    • (c) [Repealed]

    • (d) Regulating generally the promotion of members of the Police, and prescribing the factors to be considered in relation to any promotion:

    • (e) [Repealed]

    • (f) [Repealed]

    • (fa) Requiring members of the Police to undergo medical, physical, and psychological examinations, tests, and assessments, whether periodically or in any particular circumstances, designed to determine whether or not they are able to perform competently the duties of their rank, and any other duties that they may reasonably be called upon to perform from time to time:

    • (g) Prescribing such matters relating to the superannuation of members of the Police as may be considered necessary:

    • (h) Prescribing the procedure at and regulating the conduct of inquiries under this Act (including matters preliminary or incidental thereto) and enabling the taking of evidence on commission for the purposes of any such appeal or inquiry:

    • (ha) Prescribing conciliation procedures in respect of complaints lodged about members of the Police, and the circumstances in which such procedures may or are to be followed:

    • (i) Providing for the determination of the amount of rent to be paid by any member of the Police who is permitted to use for the purpose of residence or granted a tenancy of any premises or any part of any premises belonging to the Government, and for the deduction of the amount payable in respect of that use or tenancy from any money due or at any time becoming due from the Crown whether in salary or otherwise.

    (3) Any regulations made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date on which they are made), and if no such date is specified shall come into force on the date of the making thereof.

    (4) [Repealed]

    Compare: 1947 No 13 s 14; 1952 No 14 s 2(1)

    Subsection (2)(b) was substituted, as from 1 July 1992, by section 8(1) Police Amendment Act (No 2) 1992 (1992 No 68).

    Subsection (2)(c) was repealed, as from 1 July 1992, by section 8(1) Police Amendment Act (No 2) 1992 (1992 No 68).

    Subsection (2)(e) was repealed, as from 19 October 1965, by section 5(1) Police Amendment Act 1965 (1965 No 57).

    Subsection (2)(f) was repealed, as from 19 December 1989, by section 13 Police Amendment Act 1989 (1989 No 138).

    Subsection (2)(fa) was inserted, as from 1 May 1985, by section 5 Police Amendment Act 1985 (1985 No 65).

    Subsection (2)(h) was amended, as from 14 December 1976, by section 10 Police Amendment Act 1976 by inserting the words (including matters preliminary or incidental thereto).

    Subsection (2)(h) was amended, as from 1 July 1992, by section 8(2) Police Amendment Act (No 2) 1992 (1992 No 68) by omitting the words of appeals and.

    Subsection (2)(ha) was inserted, as from 7 April 1988, by section 14 Police Amendment Act 1988 (1988 No 3).

    Subsection (4) was repealed, as from 19 December 1989, by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).

65 Annual report
  • (1) As soon as practicable after the end of each financial year, the Commissioner must, in accordance with section 43 of the Public Finance Act 1989, prepare a report on—

    • (a) the operations of the police for that financial year; and

    • (b) any other matters that the Commissioner considers to affect the operations of the police.

    (2) [Repealed]

    (3) The Commissioner shall include in every annual report prepared by him for the purposes of this section the number of occasions on which, during the period under review, the Police used an interception device in reliance on section 216B(3) of the Crimes Act 1961.

    (4) The Commissioner shall include in every annual report prepared by him or her for the purposes of this section—

    • (a) The number of road blocks authorised pursuant to section 317B of the Crimes Act 1961 during the period in review; and

    • (b) The reason for each authorisation; and

    • (c) The number of persons (if any) arrested as a result of the authorisation.

    Subsection (1) was substituted, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).

    Subsection (2) was repealed, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).

    Subsection (3) was inserted, as from 6 August 1979, by section 4 Crimes Amendment Act 1979 (1979 No 5).

    Subsection (3) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words an interception device for the words a listening device.

    Subsection (4) was inserted, as from 1 September 1993, by section 6 Crimes Amendment Act 1993 (1993 No 46).

66 Repeals and savings
  • (1) The enactments specified in Schedule 2 to this Act are hereby repealed.

    (2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or anything whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

    (3) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of section 8 of the Police Force Amendment Act 1955 shall not affect the provisions of the said section 8.

    (4) Any reference in any enactment, or in any instrument, notice, or other document whatsoever to the Police Force or the Force shall be deemed to be a reference to the Police, and any such reference to a member of the Police Force or a member of the Force shall be deemed to be a reference to a member of the Police.

    (5) Any reference in any enactment, other than this Act, or in any instrument, notice or other document whatsoever to a Superintendent of Police, or an Inspector of Police, or a Sub-Inspector of Police shall be deemed to be a reference to a commissioned officer of Police, unless the context otherwise requires.

Part 4
Remuneration and conditions of employment

  • Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

Sworn members of the Police

66A Determinations as to salary, allowances, and expenses
  • [Repealed]

    Section 66A was inserted, as from 22 October 1969, by section 2(2) police Amendment Act 1969 (1969 No 65).

    Section 66A was substituted, as from 11 October 1978, by section 8(1) Police Amendment Act 1978 (1978 No 32).

    Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 August 1987, by section 3 Police Amendment Act 1987 (1987 No 125).

    The proviso to subsection (4) was repealed, as from 1 April 1988, by section 2 Police Amendment Act (No 2) 1988 (1988 No 28).

    Section 66A was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

66B Steps to be taken before issue of a determination
  • [Repealed]

    Subsection (6) was inserted, as from 11 October 1978, by section 9 Police Amendment Act 1978 (1978 No 32).

    Section 66B was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

66C Application for review of remuneration or conditions of employment
  • [Repealed]

    Subsection (1) was amended, as from 11 October 1978, by section 10(a) and 10(b) Police Amendment Act 1978 (1978 No 32), by substituting the words 6 months for the words 10 months, and the words takes effect for the words comes into force.

    Section 66C was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

66D Amending determinations
  • [Repealed]

    Subsection (1)(d) was substituted, for paragraphs (d) and (e), as from 11 October 1978, by section 11(1) Police Amendment Act 1978 (1978 No 32).

    Subsection (1)(d) was repealed, as from 1 April 1988, by section 3 Police Amendment Act (No 2) 1988 (1988 No 28).

    Subsection (1)(e) was repealed, as from 11 October 1978, by section 11(1) Police Amendment Act 1978 (1978 No 32).

    Subsection (2) was amended, as from 11 October 1978, by section 11(2) Police Amendment Act 1978 (1978 No 32), by omitting the words paragraph (a), paragraph (b), paragraph (c), or paragraph (e) of.

    Section 66D was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

66E Consolidating determinations
  • [Repealed]

    Section 66E was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

66F Criteria
  • [Repealed]

    Subsection (2) was amended, as from 11 October 1978, by section 12(a) Police Amendment Act 1978 (1978 No 32), by substituting the words State Services Conditions of Employment Act 1977 for the words State Services Remuneration and Conditions of Employment Act 1969.

    Subsection (3) was amended, as from 11 October 1978, by section 12(b) Police Amendment Act 1978 (1978 No 32), by substituting the words general review of remuneration conducted under section 31 of the State Services Conditions of Employment Act 1977 for the words half yearly survey conducted by the Department of Labour.

    Section 66F was substituted, as from 1 April 1988, by section 4 Police Amendment Act (No 2) 1988 (1988 No 28).

    Section 66F was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

66G Jurisdiction to prescribe salaries
  • [Repealed]

    Section 66G was inserted, as from 22 October 1969, by section 2(2) Police Amendment Act 1969 (1969 No 65).

    Section 66G was amended, as from 22 October 1969, by section 8 Police Amendment Act 1972 (1972 No 32), by inserting subsections (3) and (4).

    Section 66G was substituted, as from 11 October 1978, by section 13(1) Police Amendment Act 1978 (1978 No 32).

    Section 66G was repealed, as from 1 April 1988, by section 5 Police Amendment Act (No 2) 1988 (1988 No 28).

66H Determinations as to salary, allowances, and expenses
  • [Repealed]

    Section 66H was inserted, as from 22 October 1969, by section 9 Police Amendment Act 1972 (1972 No 32), and repealed, as from 11 October 1978, by section 8(2)(a) Police Amendment Act 1978 (1978 No 32).

67 Conditions of employment of sworn members of the Police
  • (1) Except as otherwise provided in this Act or in any agreement under this section, the conditions of employment of sworn members of the Police shall be fixed in accordance with this section.

    (2) The conditions of employment to which this section applies for any group or class of sworn members of the Police shall be contained in a single agreement.

    (3) The conditions of employment that may be fixed under this section for any group or class of sworn members of the Police shall be—

    • (a) The remuneration of such members of the Police:

    • (b) The terms and conditions upon which relieving, travelling, lodging, meal and other allowances and expenses including clothing allowances and allowances payable in respect of work warranting payment, may be granted:

    • (c) The rates of any such allowances or expenses:

    • (d) Such other conditions of employment as may be agreed to by the Commissioner and the appropriate service organisation.

    (4) Every agreement under this section shall include only such conditions of employment as may be agreed by negotiation between the Commissioner and the appropriate service organisation and, before entering into any such negotiations, the Commissioner shall consult with the State Services Commission over the conditions of employment to be negotiated. The Commission may at any time, either before or during the negotiations, indicate to the Commissioner that it wishes to participate with the Commissioner in the negotiation or continued negotiation of the conditions of employment of sworn members of the Police, and the Commissioner shall allow the Commission to so participate in the negotiations.

    (5) Once a condition of employment has been included in an agreement under subsection (3) of this section it shall remain in the agreement until the Commissioner and the service organisation agree that it shall cease to be so included in the agreement.

    (6) Where the Commissioner and the service organisation are unable to reach a voluntary settlement of any claim made by one party upon the other for an agreement under this section then the procedures prescribed in Schedule 3 shall be used to fix the conditions of employment of sworn members of the Police.

    (7) Notwithstanding anything in this section or section 67A of this Act, the Commissioner may make it a condition of employment of all sworn members of the Police who are not members of the Government Superannuation Fund Police Sub-Scheme, or of any class of such persons, that those persons contribute to a State services superannuation scheme.

    Compare: 1978 No 32 s 8(1); 1987 No 125 s 3

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Subsection (2)(a) of the original section was substituted, as from 22 October 1969, by section 3(1) Police Amendment Act 1969 (1969 No 65).

    Subsections (2) and (2A) of the original section were substituted for subsection (2), as from 11 October 1978, by section 14(1) Police Amendment Act 1978 (1978 No 32).

    Subsection (3) of the original section was amended, as from 22 October 1969, by section 3(2) Police Amendment Act 1969 (1969 No 65), by substituting the words a term not exceeding 3 years for the words a term of three years.

    Subsection (3) of the original section was amended, as from 11 October 1978, by section 14(2) Police Amendment Act 1978 (1978 No 32), by substituting the words the person to be appointed as a member of the Tribunal pursuant to subsection (2)(c) of this section for the words every member of the Tribunal.

    Subsection (4) of the original section was amended, as from 11 October 1978, by section 14(3) Police Amendment Act 1978 (1978 No 32), by substituting the words the member of the Tribunal appointed pursuant to subsection (2)(c) of this section for the words any member of the Tribunal.

    Subsection (5) of the original section was amended, as from 11 October 1978, by section 14(4) Police Amendment Act 1978 (1978 No 32), by substituting the words the member of the Tribunal appointed pursuant to subsection (2)(c) of this section for the words every member of the Tribunal.

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Subsection (2) was amended, as from 15 May 1991, by section 3 Police Amendment Act 1991 (1991 No 29) by omitting the words registered with the Arbitration Commission.

    Subsection (6) was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting the expression Schedule 3 for the expression Schedule 3 to this Act.

    Subsection (7) was inserted, as from 1 July 1992, by section 11 Police Amendment Act 1992 (1992 No 63).

    Subsection (7) was amended, as from 1 January 2002, by section 62(2) Human Rights Amendment Act 2001 (2001 No 96), by omitting the words (as defined in section 27(9) of this Act).

67A Individual employment agreements
  • (1) Subject to subsection (2), nothing in section 67 prevents the Commissioner and any sworn member of the Police from entering into an individual employment agreement.

    (2) Where there is an applicable agreement under section 67 and the Commissioner and a sworn member of the Police enter into an individual employment agreement, the provisions of the individual employment agreement prevail to the extent that there is any inconsistency between the individual employment agreement and the applicable agreement under section 67.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 67A was inserted, as from 15 May 1991, by section 4 Police Amendment Act 1991 (1991 No 29).

    Section 67A was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

68 Effect of agreement
  • Every agreement under section 67 of this Act shall be binding on the parties to it and on every sworn member of the Police to whom it applies.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Subsection (1) was amended, as from 22 October 1969, by sections 4(a) and 4(b) of the Police Amendment Act 1969 (1969 No 65), by substituting the words any member of the Tribunal other than the Chairman for the words the Chairman or any other member of the Tribunal, and by omitting the words Chairman or other.

    Subsection (2) was amended, as from 22 October 1969, by sections 4(b) and 4(c) Police Amendment Act 1969 (1969 No 65), by omitting the words Chairman or other and as the case may be.

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 68 was substituted, as from 15 May 1991, by section 5 Police Amendment Act 1991 (1991 No 29).

68A Assessors
  • [Repealed]

    Section 68A was inserted, as from 11 October 1978, by section 15 Police Amendment Act 1978 (1978 No 32). It was repealed, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

69 Content and currency of agreement
  • (1) Every agreement under section 67 of this Act shall contain a clause stating the group or class of sworn members of the Police to whom the agreement is applicable.

    (2) Every such agreement shall state the date on which it expires and shall remain in force only until the close of its expiry date.

    (3) Where the applicable agreement expires, each sworn member of the Police who continues in the employ of the Commissioner shall, unless the sworn member and Commissioner otherwise agree, be bound by an individual employment agreement based on the expired applicable agreement.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 69 was substituted, as from 15 May 1991, by section 5 Police Amendment Act 1991 (1991 No 29).

    Subsection (3) was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting the word agreement for the word contract.

New matters

70 Variation of agreement
  • (1) The parties to any agreement made under section 67 of this Act may, at any time while it remains in force, agree in writing to the variation of any or all of its provisions.

    (2) Section 67(6) of this Act shall not apply to any claim made by one party upon the other for a variation of an agreement under this section.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 70 was substituted, as from 15 May 1991, by section 6 Police Amendment Act 1991 (1991 No 29).

71 Application to Labour Court
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Section 71 was substituted, as from 22 October 1969, by section 5 Police Amendment Act 1969 (1969 No 65).

    Subsection (2) was substituted, as from 1 April 1988, by section 6 Police Amendment Act (No 2) 1988 (1988 No 28).

    Subsection (2A) was inserted, as from 20 October 1972, by section 10 Police Amendment Act 1972 (1972 No 32).

    Subsection (2A) was amended, as from 11 October 1978, by section 16(1) Police Amendment Act 1978 (1978 No 32), by substituting the words the maximum salary that the Commissioner may by determination prescribe be amended to increase that maximum for the words a rate of remuneration for any employees in the Police be amended to increase the prescribed rate received by those employees

    Subsection (2B) was inserted, as from 11 October 1978, by section 16(2) Police Amendment Act 1978 (1978 No 32).

    Section 71 was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 71 was repealed, as from 15 May 1991, by section 6 Police Amendment Act 1991 (1991 No 29).

72 Decision of Labour Court
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Subsection 72(b) and (c) were substituted by a new paragraph (b), as from 13 December 1968, by section 2(2) Police Amendment Act 1968 (1968 No 100).

    Section 72 was substituted, as from 22 October 1969, by section 6 Police Amendment Act 1969 (1969 No 65).

    Section 72 was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 72 was repealed, as from 15 May 1991, by section 6 Police Amendment Act 1991 (1991 No 29).

73 Negotiations for agreement
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Sections 73-77 were repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    A new section 73 and preceding heading Method of Negotiating New Matters were inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 73 and preceding heading Method of Negotiating New Matters were repealed, as from 15 May 1991, by section 6 Police Amendment Act 1991 (1991 No 29).

74 Registration of agreements arising out of new matters
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Sections 73-77 were repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    Section 74 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 74 was repealed, as from 15 May 1991, by section 6 Police Amendment Act 1991 (1991 No 29).

Non-sworn members of the Police

75 Conditions of employment of non-sworn members of the Police
  • (1) Part 6 of the State Sector Act 1988, with any necessary modifications and subject to this section, shall apply in relation to non-sworn members of the Police in the same manner as that Part applies in relation to the Public Service.

    (2) For the purposes of the application of the State Sector Act 1988 under this section, every reference to the Commission shall be read as a reference to the Commissioner of Police.

    (3) Before entering into any negotiation under Part 6 of the State Sector Act 1988 in respect of the conditions of employment of non-sworn members of the Police the Commissioner shall consult with the State Services Commission over the conditions of employment to be negotiated. The State Services Commission may at any time, either before or during the fixing of such conditions of employment, indicate to the Commissioner that it wishes to participate in the fixing of those conditions of employment, and the Commissioner shall allow the State Services Commission to participate accordingly.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Sections 73-77 were repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    Section 75 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

Senior positions

  • Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

  • Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

76 Senior positions may be excluded from agreement
  • (1) The Commissioner may from time to time designate senior positions held by members of the Police as not being covered by any agreement negotiated under section 67 or section 75 of this Act.

    (2) The number of positions for the time being designated under subsection (1) of this section shall not exceed 20.

    (3) The number of 20 may be altered from time to time by agreement between the Commissioner and the appropriate service organisation or union.

    (4) The Commissioner shall in respect of any position designated under subsection (1) of this section notify the vacancy or the impending vacancy of any such position in such manner as the Commissioner thinks sufficient to enable suitably qualified persons to apply for the position.

    (5) The Commissioner in making an appointment to a position designated under subsection (1) of this section shall give preference to the person who is best suited to the position.

    (6) Notwithstanding the provisions of subsections (4) and (5) of this section, where at the time of the designation of a position under subsection (1) of this section that position is occupied, the Commissioner may appoint the incumbent of that position to that designated position for a term of not more than 5 years.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Sections 73-77 were repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    Section 76 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

77 Conditions of employment for senior staff
  • (1) Except where the specific conditions of employment are provided in this Act, the conditions of employment of every person appointed to a position to which section 76 of this Act applies shall be determined in each case by agreement between the Commissioner and the person to be appointed, but the Commissioner shall consult with the State Services Commission before finalising the conditions of employment.

    (2) Every person appointed to a position to which section 76 of this Act applies shall be appointed for a term of not more than 5 years.

    (3) Every person who holds a position to which section 76 of this Act applies shall be eligible for reappointment.

    (4) The provisions determined, either generally or particularly, under subsection (1) of this section in relation to any person shall be included in that person's contract of service.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Sections 73-77 were repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    Section 77 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

78 Application of Labour Relations Act 1987 and this Act in respect of senior positions
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 78 was repealed, as from 15 May 1991, by section 7 Police Amendment Act 1991 (1991 No 29).

79 Conditions where person not reappointed
  • (1) Where a member of the Police who has been appointed to a position to which section 76 of this Act applies is not reappointed to that position at the expiration of his or her term of appointment, or for any reason whatever that appointment is terminated before the expiration of that term, other than as a result of an appointment to another position in the Police, or as a consequence of that person resigning from the Police, the Commissioner shall, at the Commissioner's option, either—

    • (a) Place the member, under the employment of the Commissioner, on such duties as the Commissioner determines from time to time to be appropriate, in which case the Commissioner shall determine with the member concerned the conditions of employment that are to apply to that member during the period of employment under this paragraph; or

    • (b) Terminate the member's employment in accordance with the provisions of that member's contract.

    (2) No person who is assigned duties under subsection (1)(a) of this section shall be entitled to receive any payment in respect of the completion of any preceding term of office notwithstanding any conditions of employment negotiated under section 77 of this Act to the contrary.

    (3) The Commissioner shall determine from time to time the period for which a person is employed under subsection (1)(a) of this section.

    (4) Employment of a member under subsection (1)(a) of this section shall end if, before the expiration of the period from time to time determined by the Commissioner, that member—

    • (a) Is appointed to another position in the Police; or

    • (b) Dies or resigns or otherwise ceases to be a member of the Police.

    (5) Subject to the provisions of any particular contract, nothing in this Act shall prevent a person employed under section 76 or section 77 of this Act from being appointed to any other position, whether in a senior position designated under section 76 of this Act or otherwise.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Section 79 was repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    Section 79 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Subsection (5) was amended, as from 15 May 1991, by section 8 Police Amendment Act 1991 (1991 No 29) by substituting the words section 76 or section 77 for the words sections 76 to 78.

Strikes and lockouts involving sworn members of the Police

80 Unlawful strikes and lockouts
  • (1) A strike or lockout, as defined in section 81 or section 82 of this Act, shall be unlawful.

    (2) Where such a strike occurs or is threatened, the Commissioner may apply to the Employment Court for an injunction to prevent the strike or an order for the resumption of full work.

    (3) Where such a lockout occurs or is threatened, the appropriate service organisation may apply to the Employment Court for an injunction to prevent the lockout or an order for the lockout to cease.

    (4) The Employment Court shall have full and exclusive jurisdiction to hear and determine any proceedings under this section, and no other Court shall have jurisdiction to hear and determine such proceedings.

    (5) Clause 21 of Schedule 3 of the Employment Relations Act 2000 relating to urgency applies to an application under this section.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 80 was amended, as from 15 May 1991, by section 9(1) Police Amendment Act 1991 (1991 No 29) by substituting the word Employment for the word Labour wherever it occurred.

    Subsection (5) was substituted, as from 15 May 1991, by section 9(2) Police Amendment Act 1991 (1991 No 29).

    Subsection (5) was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

81 Definition of strike
  • For the purposes of section 80 of this Act, the term strike means the act of any number of sworn members of the Police—

    • (a) In discontinuing the performance of their duties, whether wholly or partially, or in reducing the normal performance of their duties; or

    • (b) In breaking their conditions of employment; or

    • (c) In refusing or failing after any such discontinuance to resume or return to their duties; or

    • (d) In refusing or failing to accept engagement for any work in which they are usually employed; or

    • (e) In reducing their normal output or their normal rate of work—

    the said act being due to any combination, agreement, common understanding, or concerted action, whether express or implied, made or entered into by any sworn members of the Police; but does not include a service organisation meeting allowed under any Act or authorised by the Commissioner.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

82 Definition of Lockout
  • For the purposes of section 80 of this Act, the term lockout means the act of the Commissioner—

    • (a) In closing any office of the Police; or

    • (b) In discontinuing the employment of any normal duties of any sworn members of the Police, whether wholly or partially; or

    • (c) In breaking some or all of the conditions of employment fixed in respect of any such members in an agreement registered under this Act; or

    • (d) In refusing or failing to engage any such members for any work for which such members are usually employed—

    with a view to compelling any such members to accept conditions of employment or comply with any demands made by the Commissioner.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

Disputes

  • Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

  • Sections 83 to 85 and the preceding heading were further substituted and section 86 repealed, as from 15 May 1991, by section 10 Police Amendment Act 1991 (1991 No 29).

  • Sections 83 to 85 and the preceding heading were further substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24). The heading previously read as Disputes in Relation to Sworn Members of the Police.

83 Settlement of disputes
  • (1) Where there is a dispute about the interpretation, application, or operation of any provision of any agreement that applies to sworn members of the Police,—

    • (a) a person bound by the agreement or any party to the agreement may pursue that dispute in accordance with Part 10 of the Employment Relations Act 2000; and

    • (b) the person or party pursuing the dispute must ensure that every service organisation that was involved in negotiations for the making or renewal of the agreement has notice of the existence of the dispute.

    (2) Where there is a dispute about the interpretation, application, or operation of any provision of any agreement made under section 77, a person bound by the agreement may pursue that dispute in accordance with Part 10 of the Employment Relations Act 2000.

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Sections 83 to 85 and the preceding heading were further substituted and section 86 repealed, as from 15 May 1991, by section 10 Police Amendment Act 1991 (1991 No 29).

    Section 83 was substituted, and sections 84 and 85 were repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

84 Parties to dispute
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Subsection (2) was amended, as from 22 October 1969, by sections 8(3) and 7(2) Police Amendment Act 1969 (1969 No 65), by substituting the words Subject to subsections (7) to (10) of section 66A of this Act, every for the word Every, and by omitting the words but in the case of a principal order replacing an existing principal order (except as provided by sections 74 and 76 of this Act) not earlier than one year after the date of the coming into force of the existing order.

    Subsections (4) and (5) were inserted, as from 22 October 1969, by section 7(1) Police Act 1969 (1969 No 65).

    Part 4, comprising sections 67 to 96 and the preceding heading, was substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Sections 83 to 85 and the preceding heading were further substituted and section 86 repealed, as from 15 May 1991, by section 10 Police Amendment Act 1991 (1991 No 29).

    Section 83 was substituted, and sections 84 and 85 were repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

85 Restriction on scope of procedure
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Section 85 was repealed, as from 22 October 1969, by section 8(1)(a) Police Amendment Act 1969 (1969 No 65).

    A new section 85 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Sections 83 to 85 and the preceding heading were further substituted and section 86 repealed, as from 15 May 1991, by section 10 Police Amendment Act 1991 (1991 No 29).

    Section 83 was substituted, and sections 84 and 85 were repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

86 Role of Labour Court
  • [Repealed]

    Sections 67-87 were inserted, as from 19 October 1965, by section 3 Police Amendment Act 1965 (1965 No 57).

    Part 4, comprising sections 67 to 96 and the preceding heading, were substituted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 86 was repealed, as from 15 May 1991, by section 10 Police Amendment Act 1991 (1991 No 29).

Personal grievances in relation to sworn members of the Police

87 Personal grievances
  • (1) Part 9 of the Employment Relations Act 2000 applies in relation to personal grievances by sworn members of the Police.

    (2) For the purposes of Part 9 of the Employment Relations Act 2000 (as applied by subsection (1)), an action by the Commissioner (other than the imposition of a penalty under this Act) is not unjustifiable if—

    • (a) the Commissioner's principal reason for taking the action is to ensure that an operational requirement is met; and

    • (b) any failure to perform the requirement would be likely to result in a breach of the oath of office prescribed by section 37.

    Section 87 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Subsections (1) and (2) were substituted and new sections (2A), (2B), and (2C) inserted, as from 15 May 1991, by section 11(1) Police Amendment Act 1991 (1991 No 29).

    Subsection (3)(b) was amended, as from 15 May 1991, by section 11(1) Police Amendment Act 1991 (1991 No 29), by substituting the words agreement or employment contract for the words agreement as registered under this Act

    Section 87 was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

88 Discrimination
  • [Repealed]

    Section 88 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Subsection (3) was amended, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82) by substituting the words Human Rights Act 1993 for the words Human Rights Commission Act 1977.

    Section 88 was repealed, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

89 Sexual harassment
  • (1) For the purposes of section 87(3)(d) of this Act, a member is sexually harassed in that member's employment if the Commissioner or a representative of the Commissioner—

    • (a) Makes a request of that member for sexual intercourse, sexual contact, or other form of sexual activity that contains—

      • (i) An implied or overt promise of preferential treatment in that member's employment; or

      • (ii) An implied or overt threat of detrimental treatment in that member's employment; or

      • (iii) An implied or overt threat about the present or future employment status of that member; or

    • (b) By—

      • (i) The use of words (whether written or spoken) of a sexual nature; or

      • (ii) Physical behaviour of a sexual nature,—

      subjects the member to behaviour that is unwelcome or offensive to that member (whether or not that is conveyed to the Commissioner or representative) and which is either repeated or of such a significant nature that it has a detrimental effect on that member's employment, job performance, or job satisfaction.

    (2) For the purposes of section 87(3)(d) of this Act, a member is also sexually harassed in that member's employment if—

    • (a) A request of the kind described in subsection (1)(a) of this section is made to a member; or

    • (b) A member is subjected to behaviour of the kind described in subsection (1)(b) of this section—

    by a person (not being a representative of the Commissioner) who is a member of the Police or is in the employ of the Commissioner.

    Section 89, was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

90 Special provision where sexual harassment alleged
  • Where a personal grievance involves allegations of sexual harassment, no account shall be taken of any evidence of the member's sexual experience or reputation.

    Section 90, was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 90 was substituted, as from 15 May 1991, by section 12 Police Amendment Act 1991 (1991 No 29).

91 Sexual harassment by other persons
  • (1) Where—

    • (a) A request of the kind described in section 89(1)(a) of this Act is made to a sworn member of the Police; or

    • (b) A sworn member of the Police is subjected to behaviour of the kind described in section 89(1)(b) of this Act—

    by a person (not being a representative of the Commissioner) who is in the employ of the Commissioner, the member may make a complaint in writing about that request or behaviour to the Commissioner or to a representative of the Commissioner.

    (2) The Commissioner or representative, on receiving a complaint under subsection (1) of this section, shall—

    • (a) Inquire into the facts; and

    • (b) If satisfied that such a request was made or that such behaviour took place, take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

    (3) Where any person, being a person in relation to whom a member of the Police has made a complaint under subsection (1) of this section,—

    • (a) Either—

      • (i) Makes to that member after the complaint a request of the kind described in section 89(1)(a) of this Act; or

      • (ii) Subjects that member after the complaint to behaviour of the kind described in section 89(1)(b) of this Act; and

    • (b) The Commissioner or a representative of the Commissioner has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—

    that member shall be deemed for the purposes of this Act to have a personal grievance by virtue of having been sexually harassed in the course of the member's employment as if the request or behaviour were that of the Commissioner; and the procedure for the settlement of a personal grievance shall apply accordingly.

    Section 91 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

92 Duress
  • For the purposes of section 87(3)(e) of this Act, a member is subject to duress in that member's employment in relation to membership or non-membership of a service organisation if the Commissioner or a representative of the Commissioner—

    • (a) Makes membership of a service organisation or of a particular service organisation a condition to be fulfilled if that member wishes to retain the member's employment; or

    • (b) Makes non-membership of a service organisation or of a particular service organisation a condition to be fulfilled if that member wishes to retain that member's employment; or

    • (c) Exerts undue influence on that member, or offers, or threatens to withhold, or does withhold, any monetary incentive or advantage to or from that member, or threatens to or does impose any monetary disadvantage on that member, with intent to induce that member—

      • (i) To become or remain a member of a service organisation or a particular service organisation; or

      • (ii) To cease to be a member of a service organisation or a particular service organisation; or

      • (iii) Not to become a member of a service organisation or a particular service organisation; or

      • (iv) To support a change in service organisation coverage; or

      • (v) Not to support a change in service organisation coverage; or

      • (vi) To participate in the formation of a new service organisation; or

      • (vii) Not to participate in the formation of a new service organisation; or

      • (viii) On account of the fact that that member is, or, as the case may be, is not, a member of a service organisation or a particular service organisation, to resign from or leave any employment.

    Section 92 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

93 Statements privileged
  • Any statements made or information given in the course of submitting a personal grievance in accordance with the procedure set out in Schedule 5 to this Act or in any employment contract or in the course of any proceedings in respect of a personal grievance shall be absolutely privileged.

    Section 93 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 93 was substituted, as from 15 May 1991, by section 13 Police Amendment Act 1991 (1991 No 29).

94 Remedies
  • [Repealed]

    Section 94 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 94 was substituted, as from 15 May 1991, by section 13 Police Amendment Act 1991 (1991 No 29).

    Section 94 was repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

95 Choice of procedures
  • (1) Where the circumstances giving rise to a personal grievance by a member are also such that that member would be entitled to make a complaint under the Human Rights Act 1993, or would be entitled to invoke any provision in this Act (other than a provision applicable in relation to personal grievances), the member may take one, but not both, of the following steps:

    • (a) The member may invoke, in relation to those circumstances, the procedures applicable in relation to personal grievances under this Act:

    • (b) The member may make, in relation to those circumstances, a complaint under the Human Rights Act 1993, or may invoke any provision in this Act (other than a provision applicable in relation to personal grievances).

    (2) For the purposes of subsection (1)(b), a member makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.

    Section 95 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Subsection (2) was inserted, as from 15 May 1991, by section 14 Police Amendment Act 1991 (1991 No 29).

    Section 95 was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).

    Subsection (2) was substituted, as from 1 January 2002, by section 71 Human Rights Amendment Act 2001 (2001 No 96).

96 Employment Relations Act 2000 and State Sector Act 1988 not to apply
  • (1) Except as otherwise expressly provided in this Act, nothing in either the Employment Relations Act 2000 or the State Sector Act 1988 applies to any persons employed as members of the Police under this Act.

    (2) Subject to this Part,—

    • (a) sections 139 and 140 of the Employment Relations Act 2000, with any necessary modifications, apply to the non-observance of or non-compliance with any provision of this Part of this Act or of an agreement under this Act:

    • (b) if any person wishes to apply for review under Part 1 of the Judicature Amendment Act 1972, or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, certiorari, or declaration or injunction, in relation to the exercise, refusal, or proposed or purported exercise by any person or body of any power under this Part of this Act, the provisions of subsections (2) to (4) of section 194 of the Employment Relations Act 2000 apply:

    • (c) Part 11 of the Employment Relations Act 2000 applies to proceedings before the Employment Court under this Part as if those proceedings were proceedings under that Act.

    Section 96 was inserted, as from 19 December 1989, by section 14 Police Amendment Act 1989 (1989 No 138).

    Section 96 was substituted, as from 15 May 1991, by section 15 Police Amendment Act 1991 (1991 No 29).

    Subsection (2)(b) was amended, as from 1 July 1992, by section 9 Police Amendment Act 1992 (1992 No 68) by inserting the words of any power.

    Section 96 was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).


Schedule 1
Rates of contribution to superannuation fund by members of the Police

Section 19

[Repealed]

  • This Schedule was repealed, as from 14 December 1962, by section 27(1) Government Superannuation Fund Amendment Act 1962 (1962 No 130).


Schedule 2
Enactments repealed

Section 66(1)

  • 1947, No 13—The Police Force Act 1947, except sections 12 and 19.

  • 1952, No 14—The Police Force Amendment Act 1952.

  • 1954, No 32—The Police Force Amendment Act 1954, except section 4.

  • 1955, No 2—The Police Force Amendment Act 1955.

  • 1955, No 103—The Finance Act (No 2) 1955: Section 5.

  • 1956, No 36—The Police Force Amendment Act 1956.


Schedule 3
Procedure for conciliation and arbitration

s 67(6)

  • Schedule 3, 4, and 5 were inserted, as from 19 December 1989, by section 17 Police Amendment Act 1989 (1989 No 138), and were substituted, as from 15 May 1991, by section 16(1) Police Amendment Act 1991 (1991 No 29).

  • Schedule 3 was substituted, as from 2 October 2000, by section 239 Employment Relations Act 2000 (2000 No 24).

1 Initiation of negotiations for agreements
  • Subject to this Act, the appropriate service organisation or the Commissioner may at any time initiate negotiations for the making or renewal of an agreement under section 67 by submitting a notice to the chief executive of the Department of Labour.

2 Contents of notice
  • Every notice submitted under clause 1 must indicate any claims that the initiating party wishes to make against the other party and must identify the matters that may be fixed under section 67(3).

3 Power to withdraw notice
  • The initiating party may, at any time before a settlement has been reached, withdraw a notice submitted under clause 1 by giving written notice to that effect to the chief executive of the Department of Labour.

4 Service of copies of notice
  • Immediately after the submission of a notice under clause 1 or clause 3, the party that submitted the notice must serve a copy on the other party.

5 Duty of chief executive
  • The chief executive of the Department of Labour must, on receiving a notice submitted under clause 1, designate a person to facilitate negotiations in relation to the claims made by the initiating party.

6 Mediator
  • The person designated under clause 5 is, in this schedule, referred to as the mediator.

7 Mediator to determine date for negotiations
  • (1) The mediator must, as soon as practicable after being designated by the chief executive of the Department of Labour, determine, in consultation with the representatives of the parties, a date, time, and place for negotiations.

    (2) The mediator must—

    • (a) notify the service organisation and the Commissioner of the date, time, and place determined for the negotiations; and

    • (b) notify the service organisation and the Commissioner that they may each nominate up to 10 persons as negotiators on behalf of the parties to the negotiations.

8 Action where mediator cannot arrange for negotiations
  • (1) Where the mediator is unable to bring together the parties for negotiations, the mediator must inform the arbitrating body accordingly.

    (2) The arbitrating body must then attempt to facilitate or arrange to bring together the parties for negotiations and may, for that purpose,—

    • (a) give such directions incidental thereto as it thinks fit:

    • (b) call on the services of the chief executive of the Department of Labour or any other person.

    (3) Subject to subclause (4), where the arbitrating body's actions do not result in bringing together the parties for negotiations, the arbitrating body must proceed to hear and determine those parts of the claim that may be fixed under section 67(3) by settling those terms of the agreement.

    (4) Where the arbitrating body is satisfied that the inability of the mediator or other person to bring together the parties for negotiations was caused by the party which initiated the negotiations for an agreement under clause 1, the arbitrating body—

    • (a) must not proceed to hear and determine the claim under subclause (3); and

    • (b) must regard the notice submitted under clause 1 as being withdrawn and must notify the parties to the negotiations accordingly.

    (5) Where the parties to negotiations are notified under subclause (4), those negotiations lapse.

9 Negotiators
  • (1) No barrister or solicitor who holds a practising certificate for the time being in force under the Lawyers and Conveyancers Act 2006, whether that barrister or solicitor is acting under a power of attorney or otherwise, is allowed to act as a negotiator unless the parties agree.

    (2) Nothing in subclause (1) prevents a person acting as a negotiator where that person is acting substantially as an employer or employee rather than as a barrister or solicitor.

    (3) The mediator may permit any other person to act for a negotiator who is unable to attend any negotiations.

    (4) The powers and functions of the parties to negotiate the claim, and of the mediator, are not affected by any vacancy in the office of negotiator for either party.

    Schedule 3 clause 9(1): amended, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

10 Powers and functions of mediator
  • (1) The mediator must make every endeavour to bring about a settlement of the claim.

    (2) The mediator must determine, in consultation with the appropriate service organisation and the Commissioner, the procedures to be followed in the negotiations.

    (3) The mediator may from time to time adjourn the negotiations.

    (4) The mediator must make and preserve a record of the negotiations.

    (5) The mediator may at any time, of the member's own volition or at the joint request of the parties, seek the advice or opinion of the Employment Relations Authority.

11 Settlement
  • (1) If a settlement of the claim is arrived at in negotiations, the mediator must record in writing the terms of settlement, which must be signed and dated by—

    • (a) the mediator; and

    • (b) an authorised representative of the appropriate service organisation; and

    • (c) an authorised representative of the Commissioner.

    (2) The terms of settlement must be given by the mediator to—

    • (a) the representatives of the parties; and

    • (b) the chief executive of the Department of Labour.

12 Unsettled disputes
  • If the claim to which this Schedule applies is not settled by negotiations, the mediator must refer the claim to the arbitrating body.

13 Statement as to state of negotiations
  • (1) The appropriate service organisation and the Commissioner must each provide the arbitrating body with a signed statement as to—

    • (a) the state of the negotiations; and

    • (b) the issues in dispute, identifying the matters that may be fixed under section 67(3).

    (2) The statement must indicate, among other things, whether or not a partial settlement has been reached.

14 Copies of statement
  • A copy of the statement must be forwarded to the other party at the same time as it is provided to the arbitrating body.

15 Power of arbitrating body to determine dispute where parties agree
  • If the parties agree in writing, the arbitrating body, after giving the parties an opportunity to be heard, must, subject to the provisions of this schedule, hear and determine the claim by deciding the conditions of employment that may be included in the agreement under section 67(3).

16 Duty of arbitrating body where power to determine dispute not conferred on it
  • If the parties do not agree to the claim being heard and determined by the arbitrating body, the arbitrating body must forthwith call the parties to a meeting for the purpose of determining the most appropriate method of resolving the dispute.

17 Hearing by arbitrating body
  • At any such meeting the arbitrating body must hear the parties and may do all or any of the following:

    • (a) refer the dispute to the chief executive of the Department of Labour to arrange (by delegation if necessary) for further negotiations between the parties to try and resolve the dispute:

    • (b) consult such organisations as may be appropriate with a view to ascertaining whether they could assist in resolving the dispute:

    • (c) with the written consent of the parties, refer it to the arbitrating body to hear and determine the matters that may be fixed under section 67(3):

    • (d) take such other action as the arbitrating body considers in all the circumstances might assist to resolve the dispute.

18 Other actions of arbitrating body
  • Any action or actions taken by the arbitrating body under clause 17 do not preclude the arbitrating body from taking any further action under that clause.

19 Lapse of negotiations
  • Where, in respect of any dispute,—

    • (a) the arbitrating body has exercised any or all of the powers conferred by clause 17; and

    • (b) the arbitrating body is satisfied that no action short of hearing and determining the dispute will settle it; and

    • (c) the parties do not agree to the dispute being heard and determined by the arbitrating body,—

    those matters which may be fixed under section 67(3) and which remain in dispute must be referred to compulsory arbitration in accordance with clauses 20 to 27. All other matters raised in the claim lapse.

20 Arbitrating body
  • (1) The arbitrating body, for the purposes of the compulsory arbitration, is a committee appointed from time to time under this clause.

    (2) The committee consists of—

    • (a) an equal number of representatives (not exceeding 2) nominated respectively by the service organisations jointly and the Commissioner; and

    • (b) a person to chair the committee, who is to be either—

      • (i) a person mutually agreed by the service organisations and the Commissioner; or

      • (ii) a person designated by the chief executive of the Department of Labour.

    (3) The person designated under subclause (2)(b)(ii) may be the same person as the person designated under clause 5 as the mediator.

    (4) If the service organisations or the Commissioner fail to make nominations for the purposes of subclause (2)(a) or act in such a way that the committee cannot be established, in accordance with subclause (2), the chief executive of the Department of Labour must appoint as members of the committee such persons as the chief executive of the Department of Labour thinks fit.

    (5) The members of the committee hold office at the pleasure of the chief executive of the Department of Labour.

21 Statement as to state of negotiations
  • The appropriate service organisation and the Commissioner must each provide the arbitrating body with a signed statement as to—

    • (a) the issues in dispute in accordance with clause 19; and

    • (b) the position on those issues of the party providing the statement; and

    • (c) full particulars of the final offer being made by the party providing the statement.

22 Copies of statement
  • When the arbitrating body has received both of the statements required under clause 21, it must supply—

    • (a) a copy of the service organisation's statement to the Commissioner; and

    • (b) a copy of the Commissioner's statement to the service organisation.

23 Hearing and determination of dispute
  • (1) The arbitrating body, after giving the parties an opportunity to be heard, must, subject to the provisions of this schedule, hear and determine the dispute and settle the terms of the agreement.

    (2) The arbitrating body must, at the conclusion of the hearing and before making its determination, give each of the parties the opportunity to restate in writing, within a specified time or before a specified date, its final offer.

    (3) Where any party so restates its final offer, the offer as restated is that party's final offer for the purposes of clause 26.

24 Criteria to be observed by arbitrating body
  • The arbitrating body, in hearing and determining a dispute in relation to a proposed agreement, must have regard to—

    • (a) the supply and demand factors for the skills of the members covered by the proposed agreement; and

    • (b) the need for fairness and equity in the rate of pay and conditions of employment for work covered by the proposed agreement; and

    • (c) any changes in the content of any job or in the skills, duties, or responsibilities of positions covered by the proposed agreement; and

    • (d) any changes in productivity arising from, for example, the introduction of new technology; and

    • (e) relativities within the proposed agreement, and between it and other awards and agreements; and

    • (f) the special conditions applicable to employment as a member of the Police; and

    • (g) such other matters as the Commissioner or the arbitrating body, as the case may be, considers relevant, or as may be agreed upon between the Commissioner and the appropriate service organisation.

25 Application of criteria
  • In applying the criteria, the arbitrating body—

    • (a) is not bound by historical precedent and practice of any sort; and

    • (b) must consider whether relativities or conditions of employment should be changed to take account of factors that are specific to the work covered by the proposed agreement; and

    • (c) is not to have any regard whatsoever to any matters that remained in dispute but were not matters that may be fixed under section 67(3).

26 Duty of arbitrating body to accept one final offer
  • (1) In determining any dispute under this schedule, the arbitrating body must accept either the final position adopted by the service organisation or the final position adopted by the Commissioner.

    (2) The arbitrating body must accept in full the final offer made by one of the parties.

    (3) The arbitrating body may not adopt only a part or parts of one final offer and a part of the other final offer.

27 Right of parties to agree on other methods
  • Nothing in this schedule prevents the parties from agreeing to have the dispute or any issues in dispute determined in a way different from that set out in clauses 20 to 26.

28 Power of arbitrating body to waive technical irregularities
  • The arbitrating body in its discretion may waive any technical irregularity or omission that may have occurred in the submission or reference of a dispute of interest to the arbitrating body, if it is satisfied that the provisions of this Act have been substantially complied with.


Schedule 4
Procedure for settlement of disputes for sworn members of the Police

Section 83

[Repealed]

  • Schedules 3, 4, and 5 were inserted, as from 19 December 1989, by section 17 Police Amendment Act 1989 (1989 No 138), and were substituted, as from 15 May 1991, by section 16(1) Police Amendment Act 1991 (1991 No 29).

  • Schedules 4 and 5 were repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).


Schedule 5
Procedure in relation to personal grievances (sworn members of the Police)

Section 87(1)

[Repealed]

  • Schedules 3, 4, and 5 were inserted, as from 19 December 1989, by section 17 Police Amendment Act 1989 (1989 No 138), and were substituted, as from 15 May 1991, by section 16(1) Police Amendment Act 1991 (1991 No 29).

  • Schedules 4 and 5 were repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Police Act 1958. It incorporates all the amendments to the Act as at 1 October 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Policing Act 2008 (2008 No 72): section 130(4)

    Independent Police Conduct Authority Amendment Act 2007 (2007 No 38): section 26

    Lawyers and Conveyancers Act 2006 (2006 No 1): section 348