Independent Police Conduct Authority Act 1988

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Reprint as at 1 July 2013

Independent Police Conduct Authority Act 1988

Public Act1988 No 2
Date of assent10 March 1988
Commencementsee section 1(2)
  • Act name: substituted, on 29 November 2007, by section 5(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).


Note

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

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

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

Independent Police Conduct Authority

4 Independent Police Conduct Authority established

4A Crown entity

4AB Independence

5 Membership of Authority

5A Chairperson of Authority

5B Appointment of Judge as member of Authority

5C Resignation of member

6 Power to remove or suspend members

7 Filling of vacancy

8 Deputy Police Complaints Authority [Repealed]

9 Salaries and allowances [Repealed]

10 Staff [Repealed]

11 Superannuation or retiring allowances

11A Funds of Authority [Repealed]

11B Bank accounts [Repealed]

11C Accounts and audit [Repealed]

11CA Crown entity [Repealed]

11D Investment of money [Repealed]

11E Exemption from income tax

Functions of Authority

12 Functions of Authority

13 Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm

14 Mode of complaint

15 Duty of Commissioner to notify Authority of complaints

16 Duty of Authority to notify Commissioner of complaints

17 Action upon receipt of complaint

18 Authority may decide to take no action on complaint

19 Subsequent powers in relation to complaint

20 Duty of Commissioner to report to Authority on Police investigation of complaint

21 Commissioner to provide information and assistance at request of Authority

22 Power of Police to investigate complaints and other matters

Proceedings of Authority

23 Proceedings of Authority

24 Powers of Authority in relation to investigations

25 Protection and privileges of witnesses, etc

26 Disclosure of certain matters not to be required

Procedure on completion of investigation

27 Procedure after investigation by Authority

28 Procedure after investigation by Police

29 Implementation of recommendations of Authority

30 Parties to be informed of progress and result of investigation

31 Adverse comment

Miscellaneous provisions

32 Authority and staff to maintain secrecy

33 Proceedings privileged

34 Publication of reports by Authority and by Commissioner

35 Annual report [Repealed]

36 Delegation of powers by Authority [Repealed]

37 Offences

38 Money to be appropriated by Parliament for purposes of this Act [Repealed]

38A Crimes of Torture Act 1989 not limited

39 Amendments to other Acts [Repealed]

Transitional provisions

40 Complaints made to Police Complaints Authority

41 Police Complaints Authority is chairperson

42 Deputy Police Complaints Authority is member of Authority

43 Employees and officers transferred to Authority

44 References to Police Complaints Authority

45 Proceedings to which Police Complaints Authority party

46 Assets and liabilities vest in Authority

47 Authority must arrange annual report and accounts

48 Obligations and rights concerning Commission of Inquiry into Police Conduct unchanged

Reprint notes


An Act to make better provision for the investigation and resolution of complaints against the Police by establishing the Independent Police Conduct Authority

  • Title: amended, on 29 November 2007, by section 4 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).