Reprint as at 1 October 2018

Coat of Arms of New Zealand

Policing Act 2008

Public Act
 
2008 No 72
Date of assent
 
16 September 2008
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the New Zealand Police.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Status of examples
6Act binds the Crown
7New Zealand Police
8Principles
9Functions of Police
10Roles of others acknowledged
11Effect of sections 8 to 10
12Appointment of Commissioner
13Appointment of Deputy Commissioners
14Appointment process
15Appointment of acting Commissioner
16Responsibilities and independence of Commissioner
17Delegation of powers, functions, or duties of Commissioner
18Commissioner may appoint Police employees
19Undertaking by new Police employees
20Code of conduct
21Form of, and communication of, code of conduct
22Police employee becomes constable by taking constable’s oath
23Further provisions relating to constables
24Authorised officers
25Powers conferred on Police employee authorised to perform policing role
26Provisions relating to powers conferred on authorised officers
27Power to amend Schedule 1 by Order in Council
27AOrders are confirmable instruments
28General instructions
29Communication of general instructions
30Command and control
31Commissioner may take charge of policing operation
32Identifying particulars of person in custody
33Identifying particulars for summons
34Storage, etc, on Police information recording system of identifying particulars
34AOutcomes authorising continued storage of certain particulars
35Temporary closing of roads
36Care and protection of intoxicated people
37General searches of people in custody [Repealed]
38Searchers [Repealed]
39Property taken from people in custody [Repealed]
40District Court Judge may determine title to certain property
41Unclaimed property
42Unclaimed money, and proceeds of sale of unclaimed property
43Execution of court processes
44Protection of Police employees acting under court processes
45Police employee may appear in Court by another employee
46Police dogs may accompany Police dog handlers
47Gaining employment with Police by false representations
48Personation and representing vehicle, etc, as Police vehicle
49Use of term Police or New Zealand Police in operating name
50Unlawful possession of Police property
51Failing to help Police employee
52Unlawful dealings with prisoners
53Killing or injuring Police dogs
54Offences triable summarily [Repealed]
55Interpretation
56Application of Employment Relations Act 2000
57Application of Privacy Act 1993 to assessment for suitability for employment
58Employment principles
59Appointments on merit
60Obligation to notify vacancies
61Obligation to notify appointments
62Review of appointments
63Acting appointments
64Power to transfer employees within Police
65Power to temporarily assign, second, and locate employees and other persons within Police
66Consultation with, and participation by, State Services Commissioner
67Referral of negotiations for terms and conditions of employment applying to constables to arbitration procedure
68State services superannuation schemes
69Unlawful strikes and lockouts involving constables
70Suspension or removal of Police employees
71Removal from employment of person convicted of gaining employment with Police by false representations
72Commissioner to prescribe health standards
73Form of, and communication of, health standards
74Commissioner may require employee to leave Police due to incapacity
75When employee required to leave Police ceases to be employee
76Leaving Police voluntarily due to incapacity
77Commissioner must consult Government Superannuation Fund, etc, before nominating health practitioners if employee is member of scheme
78Entitlement to allowances, etc
79Restriction on resignation by constable
79APurpose of this Part
79BPolicing services that may be subject to cost recovery
79CCriteria for cost recovery
79DConsultation
79EMethods of cost recovery
79FPayment of fee or charge
79GExemptions, waivers, and refunds
80Interpretation
81Prospective Police employees may be required to provide bodily sample and biometric information
82Police employees and associates may voluntarily provide bodily sample and biometric information
83Use of staff biometric information restricted
84Sample to be destroyed once profile derived and stored
85Staff biometric information to be deleted or destroyed if prospective employee not employed, or subject asks
86Interpretation
87Jurisdiction over Police and civilian employees overseas
88Powers of arrest and detention
89Breach of code of conduct
90Saving of jurisdiction
91Interpretation and application
92Trial in New Zealand for crimes committed outside New Zealand
93Arrest and detention of offender
94Breach of code of conduct
95Saving of jurisdiction
95AInterpretation
95BDisclosure of personal information
95CCommissioner may issue directions to certain Police employees
95DAgency-to-agency agreements subject to consultation with Privacy Commissioner
95EPublication of certain agency-to-agency agreements and directions
95FSaving for existing international disclosure instruments
96Evidence of Police identity and authority
97When policing powers cease
98Evidentiary provisions
99Police involvement in elections
100Scope of review by State Services Commissioner
101Annual report
102Regulations
102ARegulations relating to cost recovery
103Disciplinary matters
104Agreements under section 67 of Police Act 1958
105Collective agreements under section 75 of Police Act 1958
106Individual employment agreements
107Continuation of process for agreement underway under section 67 of Police Act 1958
108Existing members of Police to be treated as Police employees
109Existing members of Police authorised under section 6(2) of Police Act 1958
110Pensions in respect of death or disablement
111Identity cards
112Delegations by Commissioner
113Appointments and authorisations by Commissioner under section 13 of Police Act 1958
114Police crest and badge
115Sitting members of local authorities [Repealed]
115AValidation of constable’s oaths
116Terms relating to Police in other enactments
117References to constables in other enactments
118Amendments to District Courts Act 1947
119Amendments to Employment Relations Act 2000
120New sections 100F and 100G inserted
100FCode of good faith for employment relationships in relation to provision of services by New Zealand Police
100GAmendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
121Schedule 1 amended
122New Schedule 1C inserted
123Amendment to Criminal Records (Clean Slate) Act 2004
124Amendments to Land Transport Act 1998
125Amendment to State Sector Act 1988
126Amendment to Summary Offences Act 1981
127Interpretation
128Resisting Police, prison, or traffic officer
129Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
9BExclusion for substances when used in policing
130Consequential amendments and repeals
Reprint notes

The Parliament of New Zealand enacts as follows: