New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 30 August 2011
| Public Act | 2008 No 72 |
| Date of assent | 16 September 2008 |
| Commencement | see section 2 |
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.
Part 2
Organisation and governance
Subpart 1—New Zealand Police, principles, functions, and roles of others
10 Roles of others acknowledged
Subpart 2—Commissioner, Deputy Commissioners, and acting Commissioner
12 Appointment of Commissioner
13 Appointment of Deputy Commissioners
15 Appointment of acting Commissioner
16 Responsibilities and independence of Commissioner
17 Delegation of powers, functions, or duties of Commissioner
Appointment of Police employees
18 Commissioner may appoint Police employees
Standards of behaviour for Police employees
19 Undertaking by new Police employees
21 Form of, and communication of, code of conduct
22 Police employee becomes constable by taking constable's oath
23 Further provisions relating to constables
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
29 Communication of general instructions
Subpart 5—Command and control of Police
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, on Police information recording system of identifying particulars
34A Outcomes authorising continued storage of certain particulars
36 Care and protection of intoxicated people
37 General searches of people in custody
39 Property taken from people in custody
40 District Court Judge may determine title to certain property
42 Unclaimed money, and proceeds of sale of unclaimed property
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
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
Part 4
Provisions relating to employment of Police employees
56 Application of Employment Relations Act 2000
57 Application of Privacy Act 1993 to assessment for suitability for employment
60 Obligation to notify vacancies
61 Obligation to notify 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
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
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
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
87 Jurisdiction over Police and civilian employees overseas
88 Powers of arrest and detention
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
Subpart 3—Miscellaneous provisions
96 Evidence of Police identity and authority
99 Police involvement in elections
100 Scope of review by State Services Commissioner
Transitional and savings provisions
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
112 Delegations by Commissioner
113 Appointments and authorisations by Commissioner under section 13 of Police Act 1958
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
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
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
Other enactments amended, repeals, and revocations
130 Consequential amendments and repeals
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
The Parliament of New Zealand enacts as follows:
