(1) The Commissioner shall be responsible to the Minister for—

• (a) The general administration and control of the Police; and

• (b) The financial management and performance of the Police.

(2) The Commissioner shall take all reasonable steps to ensure that all members of the Police discharge their duties to the Government and the public satisfactorily, efficiently, and effectively.

(1) Where the Commissioner proposes to fill a vacancy under special circumstances, he or she shall not be required to notify a vacancy in accordance with section 9 of the Act.

(2) For the purpose of subclause (1) of this regulation, to fill a vacancy under special circumstances means—

• (a) To allow a member to fill a position for substantial welfare or personal reasons; or

• (b) To relocate a member by an administrative transfer pursuant to regulation 6 of these regulations; or

• (c) To relocate a member after the member has returned to duty in New Zealand from an overseas posting; or

• (d) To relocate a member after the member has returned to duty from leave without pay, maternity leave, or other special leave; or

• (e) To fill a vacancy on a temporary basis; or

• (f) To post a graduate from the Royal New Zealand Police College to duty in a region or district position; or

• (g) To relocate a member who is rejoining the Police.

(1) Every member of the Police shall obey—

• (a) The applicable region orders and district orders; and

• (b) The lawful commands of a supervisor.

(2) Every member shall obey and be guided by—

• (a) General instructions; and

• (b) The Commissioner's circulars

(3) Every member shall act in accordance with the duties set out in his or her position description.

(4) In the absence of a supervisor, the supervisor's authority and responsibility shall devolve upon the next in rank or level of rank, or, in the case of equality, upon the longest serving member in a rank or level of rank.

(5) Every Police party, regardless of its size, shall have a responsible supervisor when the party is proceeding on duty and, when there is no commissioned officer or non-commissioned officer to take charge of the party, the member sending the party on duty shall name a member for the purpose who shall be responsible for the proper performance of the duty and be obeyed for the time being as if he or she were a supervisor. In default of special appointment, the longest serving member shall take upon himself or herself the command and be held responsible for the discharge of the duty.

(1) In order to meet the requirements of the Police, the Commissioner may transfer or appoint members to any position in New Zealand or outside New Zealand.

(2) In considering such a transfer or appointment of any member, the Commissioner shall have regard to—

• (a) The merit of all members who have indicated in writing an interest in the position; and

• (b) The member and his or her dependants.

(1) Subject to subclause (2) of this regulation, every member shall observe the strictest secrecy in relation to Police business and any information coming into the member's possession by virtue of his or her office.

(2) Members shall release information only to the extent of satisfying—

• (a) The provisions of any Act; and

• (b) General instructions; and

• (c) The authority of the Commissioner; and

• (d) The extent necessary to do his or her duty.

(1) If satisfied by the results of an initial investigation into the conduct of a member that the conduct should be investigated, the Commissioner must decide whether it—

• (a) should be dealt with as possible unsatisfactory performance; or

• (b) should be the subject of a disciplinary hearing.

(2) Promptly after deciding how the conduct should be dealt with, the Commissioner must give the member written notice of the decision.

The Commissioner must ensure that there are in place policies on unsatisfactory performance, and procedures for—

• (a) determining whether conduct is unsatisfactory performance; and

• (b) addressing unsatisfactory performance.

If it is determined in accordance with the policies and procedures put in place for the purposes of regulation 7B that a member's conduct is misconduct, the Commissioner may (unless it has already been the subject of a disciplinary hearing) decide that the member's conduct should be the subject of a disciplinary hearing.

(1) If the Commissioner decides that the conduct should be the subject of a disciplinary hearing, he or she must appoint one or more persons to undertake a disciplinary hearing into it, and report to the Commissioner on it.

(2) If the Commissioner has appointed one or more persons to undertake a disciplinary hearing into the conduct of a member, the Commissioner may make a statement to the news media advising that it has been decided to undertake a disciplinary hearing.

(1) The Commissioner must appoint a panel from which to appoint persons to undertake disciplinary hearings.

(2) Appointments must be made after consultation with the relevant unions or service organisations.

(3) The tenure of each person on the panel must be for no more than 3 years, unless the Commissioner and the relevant unions or service organisations agree otherwise.

(4) The Commissioner must provisionally appoint one or more members of the panel to undertake any particular hearing.

(5) If the member whose conduct is to be the subject of the hearing, or a provisional appointee, thinks that the provisional appointee (or, if there is more than one provisional appointee, a provisional appointee) may have an actual or perceived conflict of interest in the hearing, he or she may advise the Commissioner of the matter within 7 days of the provisional appointment.

(6) After taking into account any matter raised under subclause (5), the Commissioner must either—

• (a) confirm the appointment of the provisional appointee or, if there is more than one provisional appointee, those provisional appointees; or

• (b) provisionally appoint another person or persons on the panel to undertake the hearing.

Within 28 days of the confirmation of the appointment of a person or persons to undertake a disciplinary hearing, the person or persons must fix a date for the hearing.

(1) A person or persons undertake a disciplinary hearing for the purpose of—

• (a) determining what conduct has in fact occurred, its seriousness, and the circumstances in which it occurred; and

• (b) reporting his or her or their findings about the conduct to the Commissioner.

(2) In undertaking the hearing, the person or persons must—

• (a) comply with the principles of natural justice; and

• (b) act in a manner that is reasonable having regard to his or her or their role under subclause (1) without undue regard to technicalities; and

• (c) take into account the unique nature of the policing environment.

If a member whose conduct is being or is to be considered in a disciplinary hearing formally admits the facts alleged, the person or persons undertaking the hearing may accept those facts, and proceed directly to determining the seriousness of the conduct admitted to and the circumstances in which it occurred.

A person or persons undertaking a disciplinary hearing must reach his or her or their findings on the basis of the evidence (and any admissions) before him or her or them.

A disciplinary hearing is private; and only those necessary to its undertaking and those approved by the person or persons undertaking the hearing or by the Commissioner may be present.

The person or persons undertaking a disciplinary hearing must give the member concerned written notice of his or her or their findings no later than when he or she or they report them to the Commissioner.

(1) Except as provided in these regulations, neither the person or persons undertaking a disciplinary hearing nor any other person may disclose any part of the findings of the person or persons undertaking the hearing to any person without the Commissioner's consent.

(2) Subclause (1)—

• (a) does not prevent the member whose conduct is being investigated from disclosing any matter to his or her legal representative, a relevant union or service organisation, or a member of his or her immediate family; and

• (b) does not prevent the disclosure of any matter by or on behalf of the member if it is necessary for the purpose of commencing legal proceedings by the member, or maintaining any legal proceedings commenced by the member.

(1) If, in the light of the findings of the person or persons undertaking a disciplinary hearing, the Commissioner is satisfied that conduct is misconduct, the Commissioner—

• (a) may institute the removal of the member concerned from his or her employment; or

• (b) may impose on the member any or all of the penalties stated in section 5(7) of the Act; or

• (c) may decide that no penalty should be imposed on the member, and that instead the misconduct should be dealt with under the policies put in place for the purposes of regulation 7B.

(2) Subclause (1)(a) is subject to sections 5(4) and 5A(1) of the Act.

(3) A penalty stated in section 5(7) of the Act has effect on a day stated by the Commissioner when imposing it.

(4) If, in the light of the findings of the person or persons undertaking a disciplinary hearing, the Commissioner is not satisfied that conduct is misconduct, the Commissioner may nevertheless, if he or she considers it appropriate, direct that the conduct be treated as possible unsatisfactory performance; and in that case regulations 7A(2) and 7B apply accordingly.

In acting under regulation 7M, the Commissioner—

• (a) must determine outcomes that are reasonable in all the circumstances; and

• (b) must take into account—

  • (i) all submissions made under these regulations; and

  • (ii) the employment history of the member concerned.

(1) Before finally determining under regulation 7M the outcomes for any misconduct, the Commissioner must give the member concerned written notice of the Commissioner's preliminary decision as to outcomes.

(2) Within a reasonable period after receiving the notice (being a period specified in the notice by the Commissioner), the member and his or her representative may each make to the Commissioner written or oral submissions (or both) on the matter of outcomes.

(1) Removal of a member from his or her employment is at first provisional only.

(2) If within a reasonable period after being notified of his or her provisional removal (being a period specified by the Commissioner in the notice of provisional removal) a member applies to the Commissioner for the Commissioner to do so, the Commissioner—

• (a) must consider whether alternative outcomes should be applied by agreement; and

• (b) having done so, must either confirm the removal or substitute alternative outcomes.

(3) If within the period allowed for making an application under subclause (2) the member does not apply to the Commissioner for the Commissioner to consider whether alternative outcomes should be applied by agreement, the removal is confirmed.

If a disciplinary matter arises out of a complaint, the Commissioner must keep the complainant informed of the progress being made in dealing with it; and must advise the complainant when an outcome has been reached.

Nothing in these regulations prevents a member from having recourse to any employment institution provided for by the Employment Relations Act 2000

(1) At any inquiry under section 56 of the Act, a witness may be examined on oath regarding the subject matter of the inquiry.

(2) A summons to attend a hearing before a Committee of Inquiry appointed under section 56 of the Act may be issued by any member of the Committee.

(3) Any such summons shall be served in accordance with the provisions of section 24 of the Summary Proceedings Act 1957, and shall be served in time to enable the witness to attend at the hearing.

(4) Any witness to whom expenses are to be paid shall be paid the actual and reasonable expenses of his or her attendance not exceeding the amounts payable under the Witnesses and Interpreters Fees Regulations 1974¹.

(1) The Commissioner must prescribe in general instructions a Code of Conduct for Members of the Police, stating the standards of behaviour expected from members of the Police.

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

Section 51A of the Act shall apply to the Police crest and badge, the design of which is depicted in Schedule 1 to these regulations.

The regulations specified in the Second Schedule to these regulations are hereby consequentially revoked.