Policing Act 2008

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Reprint as at 1 July 2010

Policing Act 2008

Public Act2008 No 72
Date of assent16 September 2008
Commencementsee section 2
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 New Zealand Police.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Status of examples

6 Act binds the Crown

Part 2
Organisation and governance

Subpart 1—New Zealand Police, principles, functions, and roles of others

7 New Zealand Police

8 Principles

9 Functions of Police

10 Roles of others acknowledged

11 Effect of sections 8 to 10

Subpart 2—Commissioner, Deputy Commissioners, and acting Commissioner

12 Appointment of Commissioner

13 Appointment of Deputy Commissioners

14 Appointment process

15 Appointment of acting Commissioner

16 Responsibilities and independence of Commissioner

17 Delegation of powers, functions, or duties of Commissioner

Subpart 3—Police employees

Appointment of Police employees

18 Commissioner may appoint Police employees

Standards of behaviour for Police employees

19 Undertaking by new Police employees

20 Code of conduct

21 Form of, and communication of, code of conduct

Appointment of constables

22 Police employee becomes constable by taking constable's oath

23 Further provisions relating to constables

Authorised officers

24 Authorised officers

25 Powers conferred on Police employee authorised to perform policing role

26 Provisions relating to powers conferred on authorised officers

27 Power to amend Schedule 1 by Order in Council

Subpart 4—General instructions

28 General instructions

29 Communication of general instructions

Subpart 5—Command and control of Police

30 Command and control

31 Commissioner may take charge of policing operation

Part 3
Powers, operations, and offences

Identification of people detained by Police

32 Identifying particulars of person in custody

33 Identifying particulars for summons

34 Storage, etc, of identifying particulars on Police information recording system

Other Police powers

35 Temporary closing of roads

36 Care and protection of intoxicated people

Searches of people in custody

37 General searches of people in custody

38 Searchers

39 Property taken from people in custody

40 District Court Judge may determine title to certain property

41 Unclaimed property

42 Unclaimed money, and proceeds of sale of unclaimed property

Operational provisions

43 Execution of court processes

44 Protection of Police employees acting under court processes

45 Police employee may appear in Court by another employee

46 Police dogs may accompany Police dog handlers

Offences

47 Gaining employment with Police by false representations

48 Personation and representing vehicle, etc, as Police vehicle

49 Use of term Police or New Zealand Police in operating name

50 Unlawful possession of Police property

51 Failing to help Police employee

52 Unlawful dealings with prisoners

53 Killing or injuring Police dogs

54 Offences triable summarily

Part 4
Provisions relating to employment of Police employees

55 Interpretation

56 Application of Employment Relations Act 2000

57 Application of Privacy Act 1993 to assessment for suitability for employment

58 Employment principles

59 Appointments on merit

60 Obligation to notify vacancies

61 Obligation to notify appointments

62 Review of appointments

63 Acting appointments

64 Power to transfer employees within Police

65 Power to temporarily assign, second, and locate employees and other persons within Police

Special provisions concerning terms and conditions of employment

66 Consultation with, and participation by, State Services Commissioner

67 Referral of negotiations for terms and conditions of employment applying to constables to arbitration procedure

Superannuation schemes

68 State services superannuation schemes

Strikes and lockouts involving constables

69 Unlawful strikes and lockouts involving constables

Suspension or removal of Police employees

70 Suspension or removal of Police employees

71 Removal from employment of person convicted of gaining employment with Police by false representations

Compulsorily or voluntarily leaving Police due to incapacity

72 Commissioner to prescribe health standards

73 Form of, and communication of, health standards

74 Commissioner may require employee to leave Police due to incapacity

75 When employee required to leave Police ceases to be employee

76 Leaving Police voluntarily due to incapacity

77 Commissioner must consult Government Superannuation Fund, etc, before nominating health practitioners if employee is member of scheme

78 Entitlement to allowances, etc

Restrictions on resignation

79 Restriction on resignation by constable

Part 5
Biometric information, international policing, and other miscellaneous provisions

Subpart 1—Biometric information relating to prospective Police employees, Police employees, and certain associates

80 Interpretation

81 Prospective Police employees may be required to provide bodily sample and biometric information

82 Police employees and associates may voluntarily provide bodily sample and biometric information

83 Use of staff biometric information restricted

84 Sample to be destroyed once profile derived and stored

85 Staff biometric information to be deleted or destroyed if prospective employee not employed, or subject asks

Subpart 2—International policing

International policing: overseas operations

86 Interpretation

87 Jurisdiction over Police and civilian employees overseas

88 Powers of arrest and detention

89 Breach of code of conduct

90 Saving of jurisdiction

International policing: United Nations operations

91 Interpretation and application

92 Trial in New Zealand for crimes committed outside New Zealand

93 Arrest and detention of offender

94 Breach of code of conduct

95 Saving of jurisdiction

Subpart 3—Miscellaneous provisions

96 Evidence of Police identity and authority

97 When policing powers cease

98 Evidentiary provisions

99 Police involvement in elections

100 Scope of review by State Services Commissioner

101 Annual report

102 Regulations

Transitional and savings provisions

103 Disciplinary matters

104 Agreements under section 67 of Police Act 1958

105 Collective agreements under section 75 of Police Act 1958

106 Individual employment agreements

107 Continuation of process for agreement underway under section 67 of Police Act 1958

108 Existing members of Police to be treated as Police employees

109 Existing members of Police authorised under section 6(2) of Police Act 1958

110 Pensions in respect of death or disablement

111 Identity cards

112 Delegations by Commissioner

113 Appointments and authorisations by Commissioner under section 13 of Police Act 1958

114 Police crest and badge

115 Sitting members of local authorities [Repealed]

Validation of constable's oaths

115A Validation of constable's oaths

Terms relating to Police in other enactments

116 Terms relating to Police in other enactments

117 References to constables in other enactments

Amendments to District Courts Act 1947

118 Amendments to District Courts Act 1947

Amendments to Employment Relations Act 2000

119 Amendments to Employment Relations Act 2000

120 New sections 100F and 100G inserted

100F Code of good faith for employment relationships in relation to provision of services by New Zealand Police

100G Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police

121 Schedule 1 amended

122 New Schedule 1C inserted

Amendment to Criminal Records (Clean Slate) Act 2004

123 Amendment to Criminal Records (Clean Slate) Act 2004

Amendments to Land Transport Act 1998

124 Amendments to Land Transport Act 1998

Amendment to State Sector Act 1988

125 Amendment to State Sector Act 1988

Amendments to Summary Offences Act 1981

126 Amendment to Summary Offences Act 1981

127 Interpretation

128 Resisting Police, prison, or traffic officer

Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

129 Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

9B Exclusion for substances when used in policing

Other enactments amended, repeals, and revocations

130 Consequential amendments and repeals

Schedule 1
Policing roles

Schedule 2
Procedure for compulsory final offer arbitration for constables

Schedule 3
New Schedule 1C in Employment Relations Act 2000

Schedule 4
Consequential amendments to other Acts

Schedule 5
Consequential amendments to Regulations

Schedule 6
Enactments repealed or revoked

Reprint notes

The Parliament of New Zealand enacts as follows: