(1) There continues to be an instrument of the Crown known as the New Zealand Police.

(2) The New Zealand Police is the same organisation as that—

• (a) established as the Police Force under the Police Force Act 1886; and

• (b) continued in existence as the Police Force under the Police Force Act 1908, the Police Force Act 1913, and the Police Force Act 1947; and

• (c) continued in existence as the New Zealand Police under the Police Act 1958; and

• (d) existing immediately before the commencement of this Act.

This Act is based on the following principles:

• (a) principled, effective, and efficient policing services are a cornerstone of a free and democratic society under the rule of law:

• (b) effective policing relies on a wide measure of public support and confidence:

• (c) policing services are provided under a national framework but also have a local community focus:

• (d) policing services are provided in a manner that respects human rights:

• (e) policing services are provided independently and impartially:

• (f) in providing policing services every Police employee is required to act professionally, ethically, and with integrity.

The functions of the Police include—

• (b) keeping the peace:

• (ba) maintaining public safety:

• (c) law enforcement:

• (ca) crime prevention:

• (d) community support and reassurance:

• (e) national security:

• (f) participation in policing activities outside New Zealand:

• (g) emergency management.

(1) It is acknowledged that important and valuable roles in the performance of the functions of the Police are played by—

• (a) public agencies or bodies (for example, certain departments of State, and local authorities); and

• (b) the holders of certain statutory offices (for example, Māori wardens); and

• (c) parts of the private sector (for example, the private security industry).

(2) It is also acknowledged that it is often appropriate, or necessary, for the Police to perform some of its functions in cooperation with individual citizens, or agencies or bodies other than the Police.

Nothing in sections 8 to 10,—

• (a) imposes particular duties on, or gives particular powers to, the Police, the Commissioner, any Police employee, or the Minister; or

• (b) affects the powers, functions, or duties of any agency other than the Police, or any person who is not the Commissioner, a Police employee, or the Minister.

(1) The Governor-General may, on the recommendation of the Prime Minister, appoint a fit and proper person as the Commissioner of Police for a term not exceeding 5 years.

(2) The Commissioner holds office at the pleasure of the Governor-General.

(3) A person who holds office as a constable when appointed Commissioner continues to hold the office of constable while he or she is Commissioner.

(1) The Governor-General may, on the recommendation of the Prime Minister, appoint 1 or more fit and proper people as Deputy Commissioners of Police for a term not exceeding 5 years.

(2) A Deputy Commissioner holds office at the pleasure of the Governor-General.

(3) A person who holds office as a constable when appointed a Deputy Commissioner continues to hold the office of constable while he or she is a Deputy Commissioner.

The State Services Commissioner—

• (a) is responsible for managing the process for the appointment of the Commissioner and any Deputy Commissioners:

• (b) must provide advice on nominations for Commissioner and any Deputy Commissioners to the Prime Minister and the Minister.

(1) In the event of the Commissioner’s incapacity because of illness, absence, or any other cause,—

• (a) the Governor-General may, on the recommendation of the Prime Minister, appoint an acting Commissioner for any specified period; and

• (b) until that appointment, the longest serving Deputy Commissioner is deemed to be appointed acting Commissioner.

(2) The acting Commissioner has all the powers, functions, duties, and responsibilities of the Commissioner.

(3) No appointment under subsection (1), and no act by a person appointed under subsection (1), may be questioned on the ground that the occasion for the person’s appointment had not arisen or had ceased.

(1) The Commissioner is responsible to the Minister for—

• (a) carrying out the functions and duties of the Police; and

• (b) the general conduct of the Police; and

• (c) the effective, efficient, and economical management of the Police; and

• (d) tendering advice to the Minister and other Ministers of the Crown; and

• (e) giving effect to any lawful ministerial directions.

(2) The Commissioner is not responsible to, and must act independently of, any Minister of the Crown (including any person acting on the instruction of a Minister of the Crown) regarding—

• (a) the maintenance of order in relation to any individual or group of individuals; and

• (b) the enforcement of the law in relation to any individual or group of individuals; and

• (c) the investigation and prosecution of offences; and

• (d) decisions about individual Police employees.

(1) The Commissioner may, as he or she thinks fit, delegate to any person any of his or her powers, functions, or duties under this Act or any other enactment.

(2) A delegation under subsection (1)—

• (a) may be made subject to any conditions or restrictions that the Commissioner thinks appropriate, including any factors that must be taken into account when the delegation is exercised:

• (b) may be made generally or in any particular case:

• (c) is revocable at will:

• (d) does not prevent the Commissioner from exercising any power, or carrying out any function or duty:

• (e) does not affect the responsibility of the Commissioner for the actions of any person acting under delegation.

(3) A person who is delegated any powers, functions, or duties under subsection (1),—

• (a) may, with the prior written approval of the Commissioner, delegate those powers, functions, or duties to any other person:

• (b) may, subject to any conditions or restrictions, exercise those powers, functions, or duties in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(4) Every person purporting to act under any delegation under subsection (1) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(1) The Commissioner may from time to time appoint the people that the Commissioner thinks necessary for the efficient exercise and performance of the powers, functions, and duties of the Police.

(2) The power conferred by subsection (1) includes power to appoint people on an acting, temporary, or casual basis or for any period that the Commissioner and the employee agree.

(3) The Commissioner may assign to a Police employee any level of position that the Commissioner considers appropriate.

(4) Unless expressly provided to the contrary in this Act, the Commissioner has all of the rights, duties, and powers of an employer in respect of Police employees.

(1) A new Police employee, before beginning his or her duties, must give a solemn undertaking that he or she will faithfully and honestly perform his or her duties as a Police employee.

(2) The undertaking—

• (a) must be given before the employee’s supervisor; and

• (b) may be recorded in any manner that the Commissioner determines from time to time.

(1) The Commissioner must prescribe a code of conduct for Police employees, stating the standards of behaviour expected from Police employees.

(2) It is the duty of every Police employee to conduct himself or herself in accordance with the code of conduct.

(1) The code of conduct under section 20 may be issued as a general instruction or in any other manner or form.

(2) Even if the code of conduct is not issued as a general instruction, section 29 applies to it with all necessary modifications.

(1) A Police employee may become a constable only by taking the constable's oath, in either of the following forms, before the Commissioner or a person authorised by the Commissioner to administer the constable's oath:

“English form

“I, [name], swear that I will faithfully and diligently serve Her (or His) Majesty [specify the name of the reigning Sovereign], Queen (or King) of New Zealand, her (or his) heirs and successors, without favour or affection, malice or ill-will. While a constable I will, to the best of my power, keep the peace and prevent offences against the peace, and will, to the best of my skill and knowledge, perform all the duties of the office of constable according to law. So help me God.

“Māori form

“Tēnei au, a [ingoa], e kī taurangi nei, ka rato pirihonga, urupū hoki ahau i Te Arikinui, a [tohua te ingoa o te Arikinui kei runga i te torona], Kuini (Kīngi rānei) o Niu Tīreni, me ōna uri whakaheke, i roto i te kore tautoko, kore aroha rānei, kore mahi kino, kore whakaaro kino rānei. I ahau e pirihimana ana ka pōkaikaha ahau ki te hohou i te rongo me te kaupare atu i ngā mahi kotikoti i te rongo, ā, i roto i ōku tino pūkenga me ōku mōhio, ka whakatutuki i ngā mahi kua whakaritea hei mahi mā te pirihimana e ai ki te ture. Nō reira, āwhina mai i ahau e te Atua.”

(2) Before administering the constable's oath under this section, the Commissioner or person authorised by the Commissioner to administer the oath must be satisfied that the Police employee is—

• (a) adequately trained to exercise the powers of a constable; and

• (b) capable of exercising the powers of a constable.

(1) Nothing in section 18(4) limits or affects the powers and duties conferred or imposed on the office of constable by common law or any enactment.

(2) The Commissioner and a constable may agree that the constable will cease to hold the office of constable.

(3) Subsection (2) does not limit the circumstances in which a constable may cease to hold the office of constable.

(4) If a person ceases to hold the office of constable, that does not, of itself, mean that the person is no longer a Police employee.

(5) A person ceases to hold the office of constable if for any reason the person ceases to be a Police employee.

(1) The Commissioner may, by warrant, authorise a Police employee in either or both of the following ways:

• (a) authorise the employee to exercise any particular power of a constable under any enactment other than this Act, except the power to arrest or search any person:

• (b) authorise the employee to perform 1 or more particular policing roles set out in Schedule 1.

(2) Before authorising a Police employee under subsection (1), the Commissioner must be satisfied that the person is—

• (a) adequately trained to exercise the power to be conferred or the role to be performed, or both, as the case may be; and

• (b) capable of exercising that power or carrying out the role, or both, as the case may be.

(3) The Commissioner may at any time, by written notice to a person authorised under subsection (1), withdraw the authorisation by withdrawing the warrant.

A Police employee authorised under section 24(1)(b) to perform a policing role has the powers specified in Schedule 1 in relation to that role.

If an authorised officer is, under section 24(1)(a) or under section 25 and Schedule 1, given the powers of a constable to do a particular thing, the authorised officer is deemed to be a constable when doing that thing for the purpose of—

• (a) any ancillary or incidental powers that a constable would have under any enactment or rule of law:

• (b) any requirements under any enactment or rule of law that would apply in relation to the doing of that thing by a constable:

• (c) any protections from liability that a constable would have under any enactment or rule of law.

(1) The Governor-General may by Order in Council on the recommendation of the Minister, amend Schedule 1 to—

• (a) add to, omit from, or otherwise amend any power specified in relation to any particular policing role:

• (b) add a new policing role and specify powers in relation to it:

• (c) omit a specified policing role.

(2) An Order in Council made under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.

(3) An Order in Council made under subsection (1),—

• (a) if made on or before 30 June in any year, expires on the close of 31 December of that year unless it is expressly confirmed by Act of Parliament passed during that year; and

• (b) if made on or after 1 July in any year, expires on the close of 31 December in the following year unless it is expressly confirmed by Act of Parliament passed before the end of that following year.

(4) The expiry of an Order in Council made under subsection (1) does not affect the validity of any act done pursuant to, or in accordance with, the Order in Council before the Order in Council expires.

(1) The Commissioner may issue general instructions for Police employees.

(2) A general instruction has no effect to the extent that it is inconsistent with this Act or any regulations made under it.

(3) A general instruction remains in force until cancelled by the Commissioner.

(4) If there is any inconsistency between general instructions and the provisions of any manual or circular issued under the Commissioner’s authority, or any local order, the general instructions prevail.

(1) The Commissioner must take reasonable steps to ensure that all general instructions are communicated to all Police employees.

(2) A general instruction is taken to have been communicated to a Police employee when the instruction has been—

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

• (b) brought to the personal notice of a Police employee.

(3) Any communication referred to in subsection (2)(a) or (b) may be made in 1 or more of the following ways:

• (a) electronic communication (for example, by electronic mail):

• (b) in non-electronic form (for example, by distributing the publication in a paper-based format):

• (c) by distribution by any other form of technology that allows the dissemination of the material in question to Police employees.

(1) Every Police employee must obey and be guided by—

• (a) general instructions; and

• (b) the Commissioner’s circulars; and

• (c) any applicable local orders.

(2) Every Police employee must obey the lawful commands of a supervisor.

(3) In the absence of a supervisor, the supervisor’s authority and responsibility devolves on—

• (a) the Police employee available who is next in level of position; and

• (b) in the case of equality, the longest serving Police employee.

(4) No Police employee may, when exercising any power or carrying out any function or duty, act under the direction, command, or control of—

• (a) a Minister of the Crown; or

• (b) a person who is not authorised by or under this Act or any other enactment or rule of law to direct, command, or control the actions of a Police employee.

(5) Subsection (4) does not apply to a Police employee outside New Zealand who—

• (a) is part of an overseas operation within the meaning of section 84; or

• (b) is an employee within the meaning of section 89.

(1) The Commissioner may at any time take charge of, or appoint a Police employee to take charge of, a policing operation.

(2) The Commissioner may relieve a Police employee in charge of a policing operation if the Commissioner considers it necessary for the effective and efficient exercise of the powers, functions, and duties of the Police.

(3) In this section, policing operation means a specific policing activity that is not of permanent duration.

In this subpart,—

As a condition of being considered for employment as a Police employee, a person may be required to do either or both of the following things:

• (a) provide a bodily sample suitable for obtaining a DNA profile of the person for the purposes of section 81(1):

• (b) allow any biometric information the Commissioner thinks appropriate to be taken for the purposes of section 81(1).

(1) A Police employee or Police associate may do either or both of the following things:

• (a) provide a bodily sample suitable for obtaining a DNA profile of the person, together with a written statement that the sample is provided for the purposes of section 81(2):

• (b) allow any biometric information the Commissioner thinks appropriate to be taken, and give the Commissioner a written statement that the information is provided for the purposes of section 81(2).

(1A) A Police employee may give the Commissioner a written statement—

• (a) authorising the use for the purposes of section 81(2) of biometric information obtained under section 79; or

• (b) forbidding the use for the purposes of section 81(2) of biometric information whose use for those purposes the Police employee has earlier authorised by a statement under paragraph (a).

(2) No Police employee or Police associate can be required—

• (a) to provide a bodily sample for the purposes of section 81(2); or

• (b) to allow biometric information to be taken for the purposes of section 81(2); or

• (c) to authorise the use for the purposes of section 81(2) of biometric information obtained under section 79.

(3) Subsection (2) does not affect any power to require a person to provide a bodily sample or allow biometric information to be taken otherwise than for the purposes of section 81(2).

(4) This subsection applies to fingerprints taken by the Police at a time before the commencement of this Act—

• (a) from a person who was then a sworn or non-sworn member of the Police within the meaning of the Police Act 1958; and

• (b) because the person was then such a member of the Police.

(5) Fingerprints to which subsection (4) applies—

• (a) must for all purposes be treated as biometric information obtained under subsection (1); but

• (b) if the person had ceased to be such a member of the Police before the commencement of this Act, must be permanently deleted from every electronic information recording system on which it is stored (or, in the case of fingerprints held in hard-copy form, destroyed)—

  • (i) promptly after the person asks the Commissioner in writing to delete or destroy it; and

  • (ii) in any event, no later than 12 months after that commencement.

(1) Staff biometric information relating to a person being considered for employment as a Police employee must be used only for matching against other information held by the Police for the purpose of—

• (a) determining whether the person has been convicted of an offence; or

• (b) if, when matched against other information held by the Police, it indicates that the person may have been involved in the commission of an offence,—

  • (i) investigating the offence; and

  • (ii) if relevant, prosecuting a person charged with committing the offence; or

• (c) if the person later becomes a Police employee, eliminating him or her from being considered in the investigation of a crime.

(2) Staff biometric information relating to a person who is a Police employee or Police associate—

• (a) must be used only for matching against other information held by the Police for the purpose of eliminating him or her from being considered in the investigation of a crime; and

• (b) is not admissible in evidence in any proceedings against the person (even after the person ceases to be a Police employee or Police associate).

The Commissioner must ensure every bodily sample obtained under section 79 or 80(1) is destroyed promptly after a DNA profile has been successfully derived from it, and information relating to the profile has been stored.

(1) The Commissioner must ensure that all staff biometric information held by the Police that relates to a person is permanently deleted from every electronic information recording system on which it is stored (or, in the case of information held in hard-copy form, destroyed),—

• (a) in the case of a person being considered for employment as a Police employee, promptly after the Commissioner decides not to employ the person; and

• (b) in the case of a person who is a Police employee or Police associate,—

  • (i) promptly after the person asks the Commissioner in writing to delete or destroy it; and

  • (ii) in any event, no later than 12 months after the person ceases to be a Police employee or Police associate.

(2) The Commissioner must ensure that, promptly after the deletion or destruction of information under subsection (1) or section 80(5)(b), the person to whom the information relates (or his or her personal representative) is given written notice of its deletion or destruction.

In sections 85 to 88, unless the context otherwise requires,—

(1) This section applies to any Police employee or any other person who is not a member of the armed forces while that employee or that other person—

• (a) is part of an overseas operation; and

• (b) is outside New Zealand.

(2) If any person to whom this section applies does, or omits to do, an act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that if done or omitted within New Zealand would constitute an offence, that act or omission is deemed to have taken place within New Zealand unless—

• (a) the person is subject to the criminal jurisdiction of the place in which the act or omission took place; and

• (b) the authorities in that place—

  • (i) are not subject to any obligation to cede jurisdiction to the New Zealand authorities in respect of that act or omission; and

  • (ii) bring criminal proceedings against the person in that place.

(3) No information may be laid against any person over whom jurisdiction is claimed by virtue of subsection (2) without the consent of the Attorney-General.

(1) Subsection (2) applies to any offence in respect of which the laying of an information requires the consent of the Attorney-General under section 85(3).

(2) If any person is alleged to have committed an offence to which this subsection applies,—

• (a) the person may be arrested without warrant within or outside New Zealand; or

• (b) a warrant for the person’s arrest may be issued in New Zealand and executed within or outside New Zealand,—

and the person may be detained in custody within or outside New Zealand or, if the person is in, or has been taken to, New Zealand, remanded in custody or on bail, even though the consent of the Attorney-General has not been obtained to the laying of an information in respect of that offence; but no further proceedings may be taken until that consent has been obtained.

(3) The provisions of the Crimes Act 1961 relating to arrest apply in respect of the arrest of a person referred to in subsection (2) for an act or omission to which section 85 applies, in all respects as if the act or omission had occurred in New Zealand.

(4) Any person arrested outside New Zealand may be detained in custody outside New Zealand for as long as is reasonably necessary to enable the person to be taken to New Zealand.

If a Police employee does or omits to do an act, and that act or omission would, if it occurred in New Zealand, be a breach of the code of conduct prescribed under section 20, the employee may be dealt with as if the act or omission had occurred in New Zealand.

Nothing in sections 84 to 87 limits or affects the provision of any enactment or rule of law relating to the liability of persons in respect of acts done or omitted beyond New Zealand.

(1) In this section and sections 90 to 93, unless the context otherwise requires,—

(2) For the purposes of this section, a Police employee is deemed to be an employee for the purposes of a United Nations activity from the time he or she leaves New Zealand to undertake duties with the United Nations until he or she returns to New Zealand or earlier ceases to be an employee.

(1) An employee who commits a crime outside New Zealand is liable to be proceeded against and punished as if it had occurred in New Zealand and the courts of New Zealand have jurisdiction accordingly.

(2) Subsection (1) is subject to sections 89 to 93.

(3) Despite anything in any other enactment, no proceedings for the trial and punishment of an employee may be brought under sections 89 to 93 in any court without the consent of the Attorney-General.

(4) The consent of the Attorney-General is not required for an employee to be arrested and detained in custody.

(1) The provisions of the Crimes Act 1961 relating to arrest apply in respect of the arrest of an employee who is suspected of committing a crime.

(2) An employee arrested under this section may be detained and held in custody until the employee can be dealt with according to law.

Any employee whose act or omission would, if it had occurred in New Zealand, be a breach of the code of conduct prescribed under section 20 may be dealt with as if the act or omission had occurred in New Zealand.

Nothing in sections 89 to 92 limits or affects the provisions of any enactment or rule of law relating to the liability of persons in respect of acts done or omitted beyond New Zealand.

(1) The Commissioner must provide every Police employee with evidence of the employee’s identity and authority.

(2) That evidence—

• (a) must be in the prescribed form; and

• (b) must specify whether or not the Police employee is entitled to exercise policing powers; and

• (c) must be surrendered by the employee if he or she—

  • (i) goes on any form of leave that exceeds 12 months; or

  • (ii) resigns or retires; or

  • (iii) is suspended or removed.

(2) The evidence must state all prescribed information and,—

• (a) if the Police employee to whom it relates is a constable, must state that he or she has the policing powers of a constable; and

• (b) if the Police employee to whom it relates is authorised to perform one or more particular policing roles set out in Schedule 1, must state (by reference to the name of the role or roles concerned) that he or she has the policing powers of an authorised officer.

(2A) The evidence—

• (a) must bear all prescribed things:

• (b) may state, bear, or otherwise contain (for example, by having a microchip embedded in it) any additional information or thing the Commissioner thinks appropriate:

• (c) may be in any form the Commissioner thinks appropriate.

(2B) Subsection (1) does not prevent the Commissioner from providing (in addition to the evidence required by that subsection to be provided) supplementary forms of evidence of identity, authority, or both, for particular Police employees, Police employees of a particular description, or all Police employees; and any form of evidence provided—

• (a) may state any information (whether or not required by subsection (1), or prescribed):

• (b) may contain (for example, by having a microchip embedded in it) any information:

• (c) may state information in a language other than English:

• (d) may bear any things (whether or not prescribed).

(2C) A Police employee must surrender all evidence of identity, authority, or both supplied to him or her by the Commissioner if the employee—

• (a) goes on leave of any kind for a period longer than 12 months; or

• (b) resigns or retires; or

• (c) is suspended or removed.

(3) Despite subsections (1) and (2), if any question arises as to the right of any constable to hold or execute his or her office,—

• (a) common reputation is evidence of that right; and

• (b) it is not necessary to produce evidence of the constable’s identity and authority.

(1) All powers and authorities vested in a Police employee by virtue of holding office as constable cease immediately when the Police employee—

• (a) is suspended; or

• (b) ceases to hold the office of constable.

(2) All powers and authorities vested in a Police employee cease immediately when the employee is suspended or ceases to be a Police employee.

In any proceedings,—

• (a) the Commissioner may certify that at a specified time or during a specified period—

  • (i) a dog named in the certificate was a Police dog; or

  • (ii) a person named in the certificate was a Police dog handler; or

  • (iii) a particular uniform was a Police uniform; or

  • (iv) a particular item of uniform was an item of Police uniform; or

  • (v) a particular crest, badge, emblem, design, logogram, or other distinguishing article was a Police article; and

• (b) the Commissioner’s certificate is, in the absence of proof to the contrary, sufficient evidence of the matters certified.

(1) No constable, authorised officer, or supervisor may take part in any election of a member of the House of Representatives or a member of a local authority other than—

• (a) by voting; or

• (b) as a candidate in accordance with sections 52 and 53 of the Electoral Act 1993 or subsections (2) to (4) of this section; or

• (c) in the discharge of his or her duties as a constable, authorised officer, or supervisor.

(2) If a constable, authorised officer, or supervisor desires to become a candidate for election as a member of a local authority,—

• (a) he or she must be placed on leave of absence for the purposes of his or her candidature; and

• (b) subsections (3) to (6) of section 52 of the Electoral Act 1993 apply accordingly with any necessary modifications.

(3) If a constable, authorised officer, or supervisor is elected as a member of a local authority,—

• (a) he or she must, as soon as he or she is declared to be elected, be treated as having vacated his or her position as a Police employee; and

• (b) subsections (3) to (6) of section 53 of the Electoral Act 1993 apply accordingly with any necessary modifications.

(4) In this section, local authority and member of a local authority have the meanings given in section 5(1) of the Local Electoral Act 2001.

If the State Services Commissioner is directed or requested under section 11 of the State Sector Act 1988 to carry out, under section 6(b) of that Act, a review of the performance of the Police, that review may relate only to the matters referred to in section 16(1).

The annual report of the Police required under section 43 of the Public Finance Act 1989—

• (a) must include an account of the performance of the Police and its operations during the period under review; and

• (b) must include any information required under any other enactment; and

• (c) may include any other matters affecting the Police or policing that the Commissioner thinks fit.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing crests, badges, emblems, designs, logograms, or other distinguishing articles used, worn, or carried by any Police employee while on duty:

• (ab) prescribing the form of evidence of a Police employee's identity and authority that must be provided under section 94:

• (ab) prescribing the information and things relating to a Police employee that the evidence of identity and authority provided to him or her under section 94(1) must state or bear:

• (c) requiring the Commissioner to establish and maintain a register—

  • (i) showing, in relation to any specified role within the Police, the qualifications, training, and skills required by the Commissioner to be held by a Police employee performing that role; and

  • (ii) showing, in relation to each Police employee, the qualifications, training, and skills held by that person relevant to the person's employment within the Police:

• (ca) prescribing the information required to be contained in the register referred to in paragraph (c) for each Police employee whose name is entered in the register:

• (e) providing for matters relating to the governance and conduct of Police employees outside New Zealand, whether as part of an overseas operation within the meaning of section 84 or as an employee within the meaning of section 89:

• (f) providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.

(1) This section applies to any disciplinary matter arising in relation to conduct by a Police employee where the conduct occurred before the commencement of this Act.

(2) The matter must be dealt with in accordance with any applicable provisions of the Police Act 1958 and the Police Regulations 1992 that were in force at the time the conduct occurred, as if those provisions were still in force, unless the employee elects that the matter be dealt with as if the conduct had occurred after the commencement of this Act.

(1) Every agreement under section 67 of the Police Act 1958 that is in force immediately before the commencement of this Act continues in force according to its tenor.

(2) If there is a dispute about the interpretation, application, or operation of any provision of any agreement continued in force by subsection (1),—

• (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.

Every collective employment agreement under section 75 of the Police Act 1958 that is in force immediately before the commencement of this Act continues in force according to its tenor.

Every individual employment agreement under section 67A, 75, or 76 of the Police Act 1958 that is in force immediately before the commencement of this Act continues in force according to its tenor.

(1) This section applies if, at the commencement of this Act, a process is underway for the fixing of conditions of employment under section 67 of the Police Act 1958.

(2) The process must be continued as if the Police Act 1958 had not been repealed unless the parties agree in writing that the process be continued in accordance with the Employment Relations Act 2000.

(3) If the parties agree under subsection (2) to continue the process in accordance with the Employment Relations Act 2000, the process must be treated as a process for negotiating a collective employment agreement under that Act.

(1) A person who, immediately before the commencement of this Act, was a sworn or non-sworn member of the Police within the meaning of the Police Act 1958 is to be treated as if he or she had been appointed as a Police employee under section 18.

(2) For all purposes in relation to a person referred to in subsection (1), the period of the person’s service with the Police is to be treated as including any period or periods of service with the Police before the commencement of this Act.

(1) A warrant issued under section 6(2) of the Police Act 1958 and in force immediately before the commencement of this Act continues according to its tenor and with any necessary modifications.

(2) A warrant saved by subsection (1) may be withdrawn under section 24(3) as if it had been issued under section 24(1).

(3) The person authorised by a warrant saved by subsection (1) must be treated for all purposes as if he or she were an authorised officer.

Section 42 of the Police Act 1958 continues to apply as if it had not been repealed in respect of any person who was, immediately before the commencement of this Act, receiving a pension under that section.

(1) The Commissioner is not required to comply with section 94 until regulations are made the commencement of regulations under section 100 prescribing the form of the evidence of identity and authority referred to in that section, or until the day that is 12 months after the commencement of this Act, whichever occurs first.

(2) If a Police employee has been issued by the Commissioner with evidence of identity and authority for the purpose of performing that employee's duties that evidence must, until the end of the period described in subsection (1), be presented by that employee in any circumstance where evidence of identity and authority under section 94 would otherwise be required.

(1) Any delegation made by the Commissioner under section 4(3) or 55A of the Police Act 1958 that is in force immediately before the commencement of this Act and that could have been made under section 17 of this Act continues according to its tenor as if—

• (a) it had been made under section 17; and

• (b) section 17 had been in force when the delegation was made.

(2) Nothing in this section limits the Interpretation Act 1999.

(1) Any appointment made or authorisation given by the Commissioner under section 13 of the Police Act 1958 that is in force immediately before the commencement of this Act and that could have been made or given under section 62 of this Act continues according to its tenor as if—

• (a) it had been made under section 62; and

• (b) section 62 had been in force when the appointment or authorisation was made or given.

(2) Nothing in this section limits the Interpretation Act 1999.

Until the commencement of regulations under this Act prescribing a Police crest and badge,—

• (a) this Act applies as if the crest and badge whose design was, immediately before the commencement of this Act, depicted in Schedule 1 of the Police Regulations 1992 were prescribed as the crest and badge worn by any Police employee while on duty; and

• (b) the definition in section 4 of Police article has effect accordingly.

(1) A sitting member does not have to be treated as having vacated his or her position as a Police employee on the commencement of section 97.

(2) An elected sitting member does not have to be placed on leave of absence for the purposes of his or her candidature for election as a member of the local authority concerned at a future election if he or she has not, at some earlier future election, failed to be elected as a member of the local authority concerned.

(3) An elected sitting member does not have to be treated as having vacated his or her position as a Police employee on being declared to be elected a member of the local authority concerned at a future election if he or she has not, at some earlier future election, failed to be elected as a member of the local authority concerned.

(4) Subsections (1) to (3) override section 97(2) and (3).

(5) In this section,—

Unless the context otherwise requires,—

• (a) a reference in an enactment other than this Act to any of the following terms must be read as a reference to a constable:

  • (i) a member of Police:

  • (ii) a member of the Police:

  • (iia) a member of the New Zealand Police:

  • (iii) a Police officer:

  • (iv) an officer of the Police:

  • (v) a policeman:

  • (vi) a sworn member of the Police.

• (b) a reference in an enactment other than this Act to a commissioned officer of Police (or of the Police) must be read as a reference to a constable who is of or above the level of position of inspector:

• (c) a reference in an enactment other than this Act to a non-commissioned officer of Police (or of the Police) must be read as a reference to a constable who is of or above the level of position of sergeant but below the level of position of inspector:

• (d) a reference in an enactment other than this Act to a non-sworn member of Police (or of the Police) must be read as a reference to a Police employee who is not a constable.

In any enactment other than this Act, unless the context otherwise requires, constable has the meaning given in section 4.

(1) This section amends the District Courts Act 1947.

(2) Section 17(1) is amended by repealing paragraph (a) and substituting the following paragraph:

(3) Section 17 is amended by adding the following subsection:

Sections 110 to 112 amend the Employment Relations Act 2000.

The following sections are inserted after section 100E:

Part A of Schedule 1 is amended by adding the following item:

The Schedule 1C set out in Schedule 3 of this Act is inserted after Schedule 1B.

(1) This section amends the Criminal Records (Clean Slate) Act 2004.

(2) Section 19(3)(d)(iii) is amended by omitting “member of the police” and substituting “Police employee”.

(1) This section amends the Land Transport Act 1998.

(2) Section 22(3) is amended by omitting the words “in person at the nearest police station or”.

(3) Section 22(5) is amended by omitting “to the nearest police station or”.

(1) This section amends the State Sector Act 1988.

(2) Section 44(2) is amended by repealing paragraph (d) and substituting the following paragraph:

Sections 117 and 118 amend the Summary Offences Act 1981.

(1) Section 2 is amended by inserting the following definitions in their appropriate alphabetical order:

(2) Section 2 is amended by repealing the definition of constable and inserting the following definition in its appropriate alphabetical order:

(1) Section 23(a) is amended by inserting “or any authorised officer,” after “constable”.

(2) Section 23(b) is amended by inserting “authorised officer,” after “constable”.

(3) Section 23 is amended by adding the following paragraph:

(1) This section amends the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

(2) The following regulation is inserted after regulation 9A:

(1) The Acts specified in Schedule 4 are amended in the manner set out in that Schedule.

(1A) Section 46F(2)(b)(i) of the Burial and Cremation Act 1964 is amended by omitting “member of the police” and substituting “constable”.

(2) The regulations specified in Schedule 5 are amended in the manner set out in that Schedule.

(3) The enactments specified in Part 1 of Schedule 6 are repealed.

(4) The enactments specified in Part 2 of Schedule 6 are revoked.