Policing Bill

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Policing Bill

Government Bill

195—1

Explanatory note

General policy statement

Overview

This Bill is the foundation to equip the New Zealand Police to provide the best policing services for New Zealanders. In broad terms, the Bill sets out to achieve 2 fundamental tasks: first, to confirm and strengthen Police governance, accountability and organisational arrangements in a way which is suitable for a contemporary age; and second, to improve the Police’s effectiveness, especially by updating human resource management provisions, and establishing a clear framework for the exercise of policing powers by particular Police employees.

Need for reform

Existing legislation on the provision of policing services, and in particular the governance, organisation and administration of the New Zealand Police, is inadequate. Some of the key weaknesses of the present Police Act 1958 (the 1958 Act) and Police Regulations 1992 include—

  • unclear responsibilities and confused lines of accountability:

  • constraints around the ability to place the right people in the right jobs:

  • an overly prescriptive system for managing staff performance and discipline issues:

  • little guidance to work with partner agencies, domestically or internationally:

  • few supports to enable the use of modern policing tactics.

New legislation is needed to overcome these inadequacies; removing constraints to the delivery of better policing services to the community, and setting a platform for even more effective policing in the future. This Bill responds to that need for reform.

The provisions it contains have been extensively tested and refined, and have benefited from a robust consultation process. In particular, there have been multiple opportunities over a 2 year period for New Zealanders to have a direct say on the features they value most highly in a public policing service, and to express a view on how a modern police agency might be most effectively enabled by legislation.

Summary of key measures

Introduction

The Bill represents a blend of continuity and change. On the one hand, it carries through the best features of the Police’s current legislative environment, including the traditional office of constable, the independence and impartiality of the Police, and the special constitutional arrangements for the Commissioner of Police. On the other hand, the Bill modernises many features of current practice, especially in the area of personnel management, where laws designed for a Victorian age are simply no longer fit for their purpose.

Purpose, principles, and functions

The starting point for the Bill is to confirm the continuation of the organisation known as the New Zealand Police, and to describe its functions. One of the curious features of the 1958 Act is it says almost nothing about the Police as an entity or the Police’s functions, and provides no guidance on how policing might by carried out in a New Zealand context. This is at odds with contemporary departmental statutes in this country, as well as police-specific legislation in other countries.

Without amassing a prescriptive list of functions, the Bill seeks to confirm that the Police’s mandate includes, but is not limited to, the following key domains of activity:

  • crime prevention:

  • keeping the peace and maintaining public safety:

  • law enforcement:

  • community support and reassurance (for example locating missing people, contacting next of kin, and generally helping people in need of assistance):

  • national security (as part of inter-agency responses to threats against the national interest):

  • participation in policing activities outside New Zealand:

  • emergency management.

Policing legislation should also reflect that the Police does not have a monopoly on policing. Successful policing relies on a range of partner organisations in the public and private sectors, as well as the efforts of individuals, families and communities. Notably: all citizens can help uphold the law, keep the peace, prevent crime and crashes, and bring offenders to justice; local authorities can work with the Police to support the social well-being of communities, including through crime prevention and safety services, regulatory activities, environmental design, and planning processes; and other government agencies contribute to public safety, in particular through their lead or joint responsibility for enforcing specific legislation. For the first time, the Bill acknowledges that policing is a shared responsibility, which takes place in a networked and cooperative safety and security environment.

The Bill also reflects the fact that policing operates in large measure by popular consent. Public trust and acceptance of the legitimacy of Police actions are pre-requisites for achieving that consent. This is assisted by the tradition of an independent constabulary in the New Zealand system of policing. Also vital to maintaining the legitimacy of the Police in the eyes of the public is an understanding that policing is done in a principled way.

Part 2 of the Bill contains principles of policing which have stood the test of time. The principles are—

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

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

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

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

  • policing services are provided independently and impartially:

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

Governance and accountability

Part 2 of the Bill also seeks to strengthen the Police’s governance and accountability arrangements. There are major improvements on the 1958 Act in terms of clarity and rigour, including provisions to—

  • provide for the continuation of the New Zealand Police as an instrument of the Crown:

  • define more clearly the processes for the appointment, tenure and terms of engagement of the Commissioner of Police and Deputy Commissioners of Police:

  • clarify the roles of the Commissioner of Police and Minister of Police, and the constitutional relationship between the Commissioner and the Minister.

Organisation

Part 2 of the Bill also outlines critical building blocks for a modern Police workforce. This section of the Bill offers a unified basis for setting employment terms and conditions, featuring a new solemn undertaking for all Police employees, as well as a single code of conduct for all Police staff. Other significant measures confirm the historic strengths of the office of constable while updating the constabulary oath, but also widen the Commissioner’s ability to support constables by authorising designated categories of Police employees to exercise targeted policing powers. The final aspects of Part 2 underscore the Commissioner’s ability to issue binding general instructions to Police employees, as well as reinforce command and control arrangements more generally.

Support for effective policing

Part 3 of the Bill contains provisions to support frontline policing through access to clear powers and protections. It principally covers areas of current policing practice and existing law which can carry forward to a new Act, in some respects with updated language or minor changes. Some Police-related provisions in other statutes are transferred into the new Policing Act by the Bill; notably, a small number of frontline police powers which would have better visibility in a Policing Act for those who use them on a day-to-day basis. Part 3 also includes provisions to strengthen protections against misuse of the Police’s name and update relevant Police-related offences, such as impersonating Police staff.

A modern Police workforce structure and modern employment relations arrangements

Part 4 of the Bill focuses on the Commissioner’s ability to employ a workforce with the range of skills, powers, and protections needed to meet current and future policing demands. Key provisions introduce modern human resource management processes to—

  • align the Police’s human resource arrangements more with the mainstream employment environment:

  • update the framework for negotiating employment terms and conditions for Police employees, including limitations on the ability of constabulary staff to take industrial action, and on the ability to lock out constabulary staff:

  • shift internal disciplinary arrangements to the newly established code of conduct environment:

  • update the language and provisions establishing Police medical, physical, and psychological health standards, and superannuation arrangements.

Administrative and miscellaneous matters

The final part of the Bill, Part 5, addresses various administrative and miscellaneous issues, including—

  • establishing a process to gather and manage staff biometric data for use in pre-employment vetting, and as elimination data in relation to possible non-intentional contamination of crime scene samples:

  • consolidating laws relating to international and United Nations policing:

  • assisting with improved identification of Police employees and authority to exercise policing powers:

  • details relating to administrative practices, such as evidencing certain facts in legal proceedings:

  • provision for a general regulation-making power, various transitional and savings provisions, as well as a large number of consequential amendments, repeals and revocations of other legislation.

Clause by clause analysis

Clause 1 states the Title the Bill will have on enactment.

Clause 2 provides that the Bill comes into force on 1 July 2008.

Part 1
Preliminary provisions

Clause 3 states the Bill’s purpose, which is to provide for policing services in New Zealand, and to state the functions and provide for the governance and administration of the New Zealand Police.

Clause 4 defines certain terms used in the Bill.

Clause 5 provides for the status of examples used in the Bill.

Clause 6 provides that the Bill binds the Crown.

Part 2
Organisation and governance

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

Clause 7 provides for the continued existence of the New Zealand Police, and states that it is the same instrument of the Crown as the present organisation of that name.

Clause 8 states the principles on which the Bill is based. They are—

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

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

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

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

  • policing services are provided independently and impartially:

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

Clause 9 states functions of the Police. These include—

  • crime prevention:

  • keeping the peace and maintaining public safety:

  • law enforcement:

  • community support and reassurance:

  • national security:

  • participation in policing activities outside New Zealand:

  • emergency management.

Clause 10 acknowledges the roles of individual citizens, and agencies and bodies other than the Police, in the performance of the functions of the Police.

Clause 11 makes clear that clauses 8 to 10 neither—

  • impose particular duties on, or give particular powers to, the Police; nor

  • affect the functions, powers, or duties of other agencies or individuals.

Subpart 2Commissioner, Deputy Commissioners, and acting Commissioner

Clause 12 provides for the appointment of the Commissioner of Police. The Commissioner—

  • is appointed by the Governor-General on the recommendation of the Prime Minister; and

  • is appointed for a term not exceeding 5 years; and

  • holds office at the pleasure of the Governor-General; and

  • retains his or her office as constable when appointed Commissioner.

Clause 13 provides, on a similar basis to the appointment of Commissioner, for the appointment of 1 or more Deputy Commissioners of Police.

Clause 14 confers responsibility on the States Services Commissioner for managing the process for the appointment of the Commissioner and any Deputy Commissioners.

Clause 15 provides for the appointment of an acting Commissioner in the event of the Commissioner’s incapacity because of illness, absence, or any other cause. The longest serving Deputy Commissioner is deemed to be appointed acting Commissioner until the acting Commissioner is appointed.

Clause 16 states—

  • the areas in respect of which the Commissioner is responsible to the Minister of Police; and

  • the areas in respect of which the Commissioner is not responsible to, and must act independently of, the Minister of Police.

Clause 17 enables the Commissioner to delegate any of his or her powers, functions, or duties under this Bill or any other enactment.

Subpart 3Police employees

Appointment of Police employees

Clause 18 provides that the Commissioner may appoint the people that the Commissioner thinks necessary for the efficient exercise of the powers, functions, and duties of the Police.

This clause also provides that the Commissioner may assign to a Police employee any level of position that the Commissioner considers appropriate. The concept of position levels in the Bill is intended to encompass what were previously known as ranks under the Police Act 1958 but is no longer limited only to constabulary employees.

Standards of behaviour for Police employees

Clause 19 provides that a new Police employee must give a solemn undertaking to faithfully and honestly perform his or her duties as a Police employee.

Clause 20 provides that the Commissioner must prescribe a code of conduct stating the standards of behaviour expected from Police employees.

This clause provides that it is the duty of every Police employee to conduct himself or herself in accordance with the code of conduct.

It is intended that a breach of the code of conduct may be dealt with as a disciplinary matter.

The existing specific procedures and provisions about discipline in the Police Act 1958 and the Police Regulations 1992 are not carried over into the Bill.

Clause 21 provides for the form of, and requirements for communication of, the code of conduct.

Appointment of constables

Clause 22 provides that a Police employee may become a constable by taking the constabulary oath in either of the forms (English or Māori) set out in this clause.

The person who administers the oath (the Commissioner or a person authorised by the Commissioner) must be satisfied that the person who is to take the oath is adequately trained and capable of exercising the powers of a constable.

Clause 23 contains further provisions relating to constables.

Clause 23(1) deals with the relationship between the Commissioner’s rights, duties, and powers as an employer of a Police employee (conferred on the Commissioner by clause 18(4)) and the powers and duties of the office of constable. This subclause provides that nothing in clause 18(4) limits or affects the powers and duties of the office of constable.

The rest of this clause provides that—

  • the Commissioner and a constable may agree that the constable will cease to hold the office of constable:

  • the ability to agree does not limit the circumstances in which a constable may cease to hold office:

  • if a person ceases to be a constable, that does not, of itself, mean that the person is no longer a Police employee:

  • a person ceases to be a constable if he or she ceases to be a Police employee.

Authorised officers

Clause 24 provides that the Commissioner may authorise a Police employee to—

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

  • (b) perform 1 or more of the policing roles set out in Schedule 1.

Under existing section 6(2) of the Police Act 1958, the Commissioner has the ability to authorise a non-sworn member of the Police in the manner described in paragraph (a) above. The ability to authorise a Police employee to perform a policing role is new.

The Commissioner must be satisfied that the person is adequately trained and capable of exercising the power or carrying out the policing role.

The Commissioner may withdraw the authorisation at any time.

Clause 25 provides that a Police employee authorised to perform a policing role has the powers specified in Schedule 1 in relation to that role.

Clause 26 provides that an authorised officer, when exercising his or her powers,—

  • has the same ancillary or incidental powers a constable would have:

  • is subject to the same requirements that would apply to a constable exercising that power:

  • has the same protections from liability that a constable would have.

Clause 27 provides that Schedule 1 (which sets out policing roles and powers for each role) may be amended by Order in Council.

Subpart 4General instructions

Clause 28 provides that the Commissioner may issue general instructions for Police employees. General instructions must not be inconsistent with this Bill or any regulations made under it.

Clause 29 requires the Commissioner to take steps to ensure that all new general instructions are communicated to all Police employees, and states how a general instruction is taken to have been communicated to Police employees.

Subpart 5Command and control of Police

Clause 30 sets out the key provisions for the command and control of Police employees.

Every Police employee must obey and be guided by—

  • general instructions; and

  • the Commissioner’s circulars; and

  • any applicable local orders.

In the event of a conflict between general instructions, the Commissioner’s circulars, or any applicable local orders, clause 28(4) states that the general instructions prevail.

Clause 30(2) requires every Police employee to obey the lawful commands of a supervisor.

Clause 30(3) provides that in the absence of a supervisor, the supervisor’s authority and responsibility devolves on the Police employee available who is next in level of position. If, however, there are 2 or more employees available of the same level of position, the supervisor’s authority and responsibility devolves on the longest serving Police employee.

Clause 30(4) states that no Police employee may, in the course of 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 Bill or any other enactment or rule of law to direct, command, or control the actions of a Police employee.

Clause 30(5) provides that clause 30(4) does not apply to Police employees engaged in overseas operations or United Nations activities.

Clause 31 enables the Commissioner to take charge of any policing operation. 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.

Part 3
Powers, operations, and offences

Identification of people detained by Police

Clause 32 is about the identification of people detained by Police.

In taking a person’s identifying details, a constable may only use reasonable force that may be necessary to secure those details.

If a person is in the lawful custody of the Police, a constable may take the person’s identifying details for the purpose of enabling the commencement of a prosecution against that person. This provision is substantially the same as section 57 of the Police Act 1958.

If a person is not in the lawful custody of the Police, a constable who has good cause to suspect the person of committing an offence may, for the purpose of enabling the commencement of a prosecution against that person, detain the person at any place in order to take the person’s identifying details. However, the following restrictions apply in this situation:

  • only those details necessary to identify the person may be taken:

  • the person may be detained only for the period reasonably necessary to take those details:

  • the person’s details must be taken in a manner that is reasonable in the circumstances:

  • there is no authority to conduct a strip search of the person.

A person commits an offence who, after being cautioned, fails to comply with a reasonable demand or direction of the constable exercising his or her powers under this clause. The penalty for committing an offence against this clause is liability to imprisonment for a term not exceeding 6 months, a fine not exceeding $5,000, or both.

In this clause and clause 33, identifying details means, in relation to a person, any or all of the following:

  • the person’s biographical information (for example, the person’s name, address, and date of birth):

  • the person’s photograph or visual image:

  • details of the person’s height, fingerprints, palm-prints, or footprints, and any scars, marks, or tattoos:

  • any other physical details relevant to the offence that the person is suspected of committing.

Clause 33 provides that the identifying details of a person that are obtained under clause 32

  • may be entered, recorded, and stored on a Police information recording system; but

  • must, as soon as practicable, be destroyed—

    • after a decision is made not to arrest the person in respect of any offence:

    • after a decision is made not to bring proceedings against the person in respect of any offence:

    • after the completion of proceedings against the person in respect of any offence, unless the person is convicted or an alternative resolution is imposed where the person admits to an offence (for example, diversion).

Other Police powers

Clause 34, which relates to temporary road closures by Police, is taken from section 342A of the Local Government Act 1974.

Clause 34 enables a constable to temporarily close to traffic any road leading to or from or in the vicinity of a place, if the constable has reasonable cause to believe that—

  • public disorder exists or is imminent at or near that place; or

  • danger to a member of the public exists or may reasonably be expected at or near that place; or

  • an indictable offence not triable summarily under section 6 of the Summary Proceedings Act 1957 has been committed or discovered at or near that place.

Clause 35, which relates to the care and protection of intoxicated people, is taken from section 37A of the Alcoholism and Drug Addiction Act 1966.

A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—

  • the constable reasonably believes that the person is—

    • incapable of protecting himself or herself from physical harm; or

    • likely to cause physical harm to another person; or

    • likely to cause significant damage to any property; and

  • the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by—

    • taking the person to his or her place of residence; or

    • taking the person to a temporary shelter.

A person who is detained—

  • must be released as soon as the person ceases to be intoxicated:

  • must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.

A health practitioner must not recommend the further detention of the person unless the health practitioner is satisfied that certain criteria are met.

Clause 36 enables a constable who has good cause to suspect a person of killing or injuring a Police dog to require the person’s name and address or evidence of that name and address. A person commits an offence who, without reasonable excuse,—

  • refuses or fails to provide the details or evidence required; or

  • provides details or evidence that he or she knows to be false.

Clause 36 carries forward section 44E of the Police Act 1958 and has the same effect as that section except that the penalty for committing an offence against it is now updated to a fine not exceeding $5,000 (instead of $500).

Searches of people in custody

Clause 37 empowers constables (and searchers used in accordance with clause 38) to conduct general searches of people who—

  • have been taken into custody; and

  • are either at a Police station, or in premises or a vehicle, being used for Police purposes; and

  • are to be detained securely (before a first appearance in Court or a decision on bail, or for the taking of identifying details under clause 32(1)).

A constable or searcher may search such a person, and take from him or her all money and any property found in his or her possession.

The constable or searcher may use any reasonable force necessary to conduct the search or take the money or property.

The clause does not affect the common law right of constables to search a person on arrest.

Clause 38 empowers the Police employee in charge of the place or vehicle in which a person is detained in custody to use a searcher to conduct a search of the person under clause 37 if—

  • the searcher’s use is necessary to enable the search to be carried out—

    • by someone of the same sex as the person; or

    • within a reasonable time of the person’s being taken into custody; and

  • the searcher has received appropriate training.

The searcher must conduct the search in accordance with all relevant general instructions, as if he or she were a Police employee.

Clause 39 relates to property taken from people in custody. All money and property taken from a person under clause 37 must be returned when they are released from custody, except—

  • money or property that may need to be given in evidence in proceedings:

  • money or property whose possession constitutes an offence.

But if the person is later taken into custody in a prison, money and property taken (unless it may need to be given in evidence, or its possession constitutes an offence) must, where practicable, be delivered to the manager of the prison.

Clause 40 empowers a District Court Judge to determine title to property if—

  • it is in the possession of the Police; and

  • it is not distrained; and

  • there is doubt whether a person claiming it, or which of several claiming it, is entitled to it.

The Judge—

  • may make an order for the delivery of the property to any person appearing to be its owner, or to be entitled to its possession; or

  • if the owner or person entitled to possession cannot be found, may make any order the Judge thinks fit.

Neither Police employees nor the Crown can be sued for the recovery of the property dealt with under the Judge’s order (or for its value).

Clause 41 relates to lost property in Police possession.

If it is not claimed after being held for 3 months or more, it must be sold by auction.

The auction may be held—

  • at premises open to the public; or

  • through the Internet; or

  • in any other way the Commissioner considers will give the public a reasonable opportunity to bid for the property.

Before the property is sold, a notice of its proposed sale must be published in a newspaper circulating in the district in which the sale is to be held, or on a website.

The requirement to sell by auction does not apply to perishable property, which may be sold at any time and in any manner as the Commissioner directs, or if valueless may be destroyed.

Clause 42 relates to unclaimed money, and the proceeds of sales under clause 41.

Unclaimed money must be paid into a Crown Bank Account.

The proceeds of sales of goods under clause 41 must be paid into a Crown Bank Account after deducting the costs of—

  • advertising and conducting its sale; and

  • storing, transporting, testing, or otherwise preparing the goods for sale.

Operational provisions

Clause 43 requires constables to obey and execute all lawful criminal court processes. It also provides that—

  • a court process directed to one constable may be executed by another (and in that case the other constable has the rights, powers, and authorities he or she would have had if the process were directed to him or her by name):

  • a constable may arrest a person under a court process without having the process in his or her possession.

Clause 44 protects Police employees acting under court processes. A Police employee acting under a court process is not responsible for any irregularity, or any lack of jurisdiction, in its issuing.

If a Police employee is sued in respect of acts done under a court process, all the employee needs to do to obtain judgment (and costs) is produce the process, and prove that—

  • the process was issued out of a Court, or signed in the handwriting of a person whose name appears on it, who is reputed to be a judicial officer, or Registrar or Deputy Registrar of a Court; and

  • the employee’s actions were done under the process.

Clause 45 provides that in certain proceedings any Police employee can act in place of any other Police employee who is to appear in the execution of his or her duty (unless the other Police employee is to appear as a witness). The proceedings are those in a District Court, or before the Liquor Licensing Authority, a District Licensing Agency, or any other Commission, Inquiry, Board, or Tribunal.

Clause 46 authorises a Police dog handler to bring a Police dog into any place the handler can himself or herself lawfully enter in the course of Police duties.

Offences

Clause 47 makes it an offence to gain employment with the Police by false representations. It carries forward and updates section 49 of the Police Act 1958.

A person commits an offence who, for the purpose of gaining employment with the Police, intentionally submits false or forged documents or makes false representations when applying for employment. The penalty for committing an offence against this clause is updated to a term of imprisonment not exceeding 6 months (instead of 3 months), a fine not exceeding $5,000 (instead of $200), or both.

Clause 48 makes it an offence to do any of the following things without reasonable excuse:

  • impersonate a Police employee (whether by words, conduct, or demeanor, or by assuming the name, designation, or description of Police employee, or by wearing a Police uniform or uniform that closely resembles it):

  • represent any vehicle, craft, or other conveyance as being in the service of the Police.

Clause 48 carries forward and amalgamates sections 51 and 51A of the Police Act 1958 and is similar in effect to those sections except that—

  • the offence of representing a vehicle, craft, or other conveyance as being in the service of the Police is new; and

  • a uniform and increased penalty is imposed whereby a person who commits an offence against clause is liable to imprisonment for a term not exceeding 12 months, to a fine not exceeding $15,000, or to both.

Clause 49 prohibits a person from using the term Police or New Zealand Police in the person’s operating name.

A person commits an offence who, without reasonable excuse, carries on an activity under an operating name that includes the word Police or the words New Zealand Police, in a manner reasonably likely to lead a person to believe that the activity is endorsed or authorised by the Police or any part of the Police.

A person who commits an offence against this clause is liable,—

  • in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000:

  • in the case of a body corporate, to a fine not exceeding $20,000.

Clause 50 relates to unlawful possession of Police property and carries forward section 52 of the Police Act 1958 and aspects of section 61A of that Act.

A person who, without lawful authority or reasonable excuse, has in his or her possession any Police property—

  • commits an offence; and

  • is liable to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.

Clause 4 provides that Police property

  • means property used by, or in the possession or under the control of, the Police (whether belonging to the Crown or not); and

  • includes a confidential Police document or copy of that document. (A definition of confidential Police document is also provided in clause 4.)

Clause 51 carries forward section 53 of the Police Act 1958, which relates to assistance that may be required by a Police employee from a member of the public.

A Police employee lawfully carrying out his or her duties may, if it is reasonably necessary in the circumstances, ask a person (18 years or older) to help the Police employee to—

  • apprehend or secure a person:

  • convey a person in the Police employee’s charge to a Police station or other place.

A person who fails to give help, when so asked, commits an offence and is liable to a fine not exceeding $2,000.

Clause 52 carries forward section 54 of the Police Act 1958 and relates to unlawful dealings with prisoners.

A person commits an offence who, without the permission of a Police employee,—

  • holds any communication with a prisoner in the custody or charge of a Police employee; or

  • delivers any thing, or causes it to be delivered, to that prisoner; or

  • attempts to do any of the things described above.

Clause 52 is substantially the same as section 54 except that the financial penalty for an offence against this clause is a fine not exceeding $5,000 (instead of $400).

Clause 53 provides that a person who intentionally kills, maims, wounds, or otherwise injures a Police dog without lawful authority or reasonable excuse commits an offence.

This provision is similar to section 44C of the Police Act 1958 except for the insertion of the word intentionally and the substitution of a different penalty.

A person who commits an offence against this clause is liable to imprisonment for a term not exceeding 12 months (instead of 2 years), to a fine not exceeding $15,000 (instead of $10,000), or to both.

Part 4
Provisions relating to employment of Police employees

Clause 54 defines certain terms used in this Part.

Clause 55 provides that, except as expressly provided in the Bill, the Employment Relations Act 2000 applies in relation to the Police.

Under section 96 of the Police Act 1958, the Employment Relations Act 2000 does not apply in respect of members of the Police unless expressly provided (although the employment of non-sworn members of the Police is, in accordance with section 75 of the Police Act 1958 and Part 6 of the State Sector Act 1988, made subject to the Employment Relations Act 2000).

Therefore, under the Bill the employment of all Police employees is now subject to the Employment Relations Act 2000 unless expressly stated otherwise.

Clause 56 provides that certain privacy principles in the Privacy Act 1993 do not apply where the Commissioner is assessing the suitability of a person for employment with the Police. The privacy principles that do not apply are—

  • principle 2 (which generally requires that personal information must be collected from the individual to whom the information relates):

  • principle 3 (which relates to steps to be taken when collecting personal information from the individual to whom the information relates):

  • principle 10 (which sets out limits on the use of personal information for a purpose other than the purpose for which it was obtained).

Clause 57 requires the Commissioner, subject to the Bill, to comply with the principle of being a good employer as set out in sections 56 and 58 of the State Sector Act 1988. This clause replaces, with some amendment, section 7 of the Police Act 1958. It is one of a number of clauses (see also clauses 58 to 61) that in a number of specific respects are intended to impose the same or similar obligations on the Commissioner as are imposed on a chief executive of a government department in relation to the employment of employees.

Clause 58 provides that the Commissioner must appoint employees on merit. There are certain exceptions to this, namely certain transfers of employees (see clause 63) and temporary assignments, secondments, etc (see clause 64). This clause replaces section 8 of the Police Act 1958.

Clause 59 provides that the Commissioner must notify vacancies. This is subject to the same exceptions as for clause 58, namely certain transfers of employees (see clause 63) and temporary assignments, secondments, etc (see clause 64). This clause replaces section 9 of the Police Act 1958.

Clause 60 provides that the Commissioner must notify Police employees of appointments to a vacant position in the Police (other than an acting, temporary, or casual appointment). This clause replaces section 10 of the Police Act 1958.

Clause 61 provides that section 65 of the State Sector Act 1988 applies to the appointment of employees to the Police. The effect of this is that the Commissioner must put into place a procedure for reviewing appointments (other than acting appointments).

Clause 62 provides that the Commissioner may appoint an employee to an acting position that is above the employee’s existing level of position or carries with it the exercise of powers and performance of duties of a level of position that is above the employee’s existing level of position. This clause replaces section 13 of the Police Act 1958.

Clause 63 sets out certain circumstances in which the Commissioner may transfer an employee to other duties without being bound by the provisions of clause 58(1) about appointing employees on merit or notifying a vacancy under clause 59(1). The ability to transfer under this clause is subject to any applicable employment agreement. This clause replaces section 15 of the Police Act 1958 although section 15(2) is not carried forward.

Clause 64 provides that the Commissioner may assign a Police employee to a temporary position in the Police, and relocate employees for various reasons (set out in subclause (1)(d)). The Commissioner may also second Police employees to other employers and second a person who is not a Police employee to a position in the Police. The Commissioner may do these things without being bound by the provisions of clause 58(1) about appointing employees on merit or notifying a vacancy under clause 59(1). The ability of the Commissioner to appoint, second, etc, under this clause is subject to any applicable employment agreement.

This clause provides that a temporary assignment or secondment made without complying with clauses 58(1) and 59(1) may last only for a maximum period of 14 months before the Commissioner is obliged to re-assign it in compliance with clauses 58(1) and 59(1).

This clause contains matters currently provided for in regulations 4 and 6 of the Police Regulations 1992. However, the references to secondments in this clause are new. Also, the 14-month maximum time period for temporary assignments and secondments is new.

Special provisions concerning terms and conditions of employment

Clause 65 provides that before entering into negotiation for terms and conditions of employment of Police employees the Commissioner must consult with the State Services Commissioner over the terms and conditions to be negotiated. The State Services Commissioner may at any time indicate to the Commissioner that he or she wishes to participate with the Commissioner in the negotiations.

Under existing sections 67 and 75 of the Police Act 1958 there is a similar role for the State Services Commissioner in relation to negotiation of terms and conditions of employment.

Clause 66 is new and is a special provision relating to collective bargaining for terms and conditions that are applicable to constables. If the processes under the Employment Relations Act 2000 have failed to settle a dispute concerning the terms and conditions in the bargaining the matter must be referred to the final offer arbitration procedure set out in Schedule 2.

This point of difference between constables and other Police employees is related in policy terms to the fact that a strike by, or lockout of, constables is illegal (see clause 68).

Superannuation schemes

Clause 67 provides that the Commissioner has the same ability as an employer in the State services to establish a State services superannuation scheme. This clause replaces section 26A of the Police Act 1958.

This clause also provides that the Commissioner may make it a condition of employment of constables that they contribute to a State services superannuation scheme. This power is substantially the same as that provided by existing section 67(7) of the Police Act 1958.

Strikes and lockouts involving constables

Clause 68 provides that a strike by, or lockout of, any number of constables is unlawful. This clause replaces, in substantially similar terms, section 80 of the Police Act 1958. The terms strike and lockout have the meanings given to those terms in the Employment Relations Act 2000.

Removal of Police employees

Clause 69 provides that the Commissioner may at any time remove any Police employee from that employee’s employment. This is subject to the Bill and also to any conditions of employment in any applicable employment agreement.

Clause 70 provides that if a Police employee is convicted of the offence of gaining employment with the Police by false representations (see clause 47), any employment contract between that employee and the Commissioner is cancelled and the person must be treated as having been removed from his or her employment with the Police.

Compulsory retirement and compulsory and voluntary disengagement from Police

Clause 71 provides that the Commissioner must prescribe standards of physical, medical, and psychological health required of Police employees.

The standards may apply to all Police employees generally or to particular classes or descriptions of Police employees.

This clause provides for consultation with service organisations, the Government Superannuation Fund Authority and trustees of State services superannuation schemes about standards to be prescribed.

Under existing section 28A of the Police Act 1958, the Commissioner must prescribe standards of medical and physical health in relation to sworn members of the Police.

Clause 72 provides for circumstances in which the Commissioner may require a Police employee to retire from, or leave, the Police. These circumstances are related to the employee’s inability to perform his or her duties because of his or her inability to meet standards prescribed under clause 71.

This clause replaces sections 28 and 28C of the Police Act 1958. The main differences are—

  • the new clause applies to all Police employees rather than being limited to sworn members of the Police who belong to a State superannuation scheme:

  • where psychological health is the issue, that will be assessed with reference to standards prescribed under clause 71:

  • the special right of appeal provided by section 28 of the Police Act 1958 against compulsory retirement is not carried forward. It is intended that an employee who wishes to challenge a decision to compulsorily retire or disengage that employee will rely on other legal remedies that may be available such as a personal grievance under the Employment Relations Act 2000.

Clause 73 sets out provisions about the exact time at which a Police employee who is compulsorily retired or disengaged ceases to be a Police employee. It is substantially similar to section 28C(3) and (4) of the Police Act 1958 but makes it clear that if the employee takes a personal grievance action the employee must be placed on unpaid leave pending the outcome.

Clause 74 relates to voluntary disengagement from the Police. The Commissioner may permit a Police employee to leave the Police if the Commissioner is satisfied that—

  • the circumstances exist that would justify compulsory retirement or disengagement of the employee under clause 72; or

  • the Commissioner is satisfied that the employee cannot perform his or her duties because of any personal factor relating to the special circumstances of the employee and directly attributable to the employee’s employment with the Police.

This clause replaces section 28D of the Police Act 1958. The main differences are—

  • the new clause applies to all Police employees rather than being limited only to sworn members of the Police who belong to a State superannuation scheme:

  • where psychological health is the issue, that will be assessed with reference to standards prescribed under clause 71.

Also, the provision of the Police Act 1958 (section 11) that required the Commissioner to establish a procedure for reviewing refusals to permit employees to voluntarily disengage under section 28D of that Act is not carried forward. It is intended that an employee who is refused voluntary disengagement under this clause will rely on any other legal remedies that may be available.

Clause 75 applies if a Police employee in question under clause 72 or 74 is a member of the Government Superannuation Fund or a State services superannuation scheme. In that case, the medical practitioners or psychologist appointed to examine the employee’s incapacity must be chosen from those approved by the Government Superannuation Fund Authority and the trustees of the State services superannuation schemes.

This clause replaces, with some amendment, sections 28(5A), 28C(1A), and 28D(1A) of the Police Act 1958.

Clause 76 provides that a Police employee who is compulsorily retired or compulsorily or voluntarily disengaged is entitled to receive the allowances and other benefits under the Government Superannuation Fund Act 1956 or the State services superannuation scheme to which the person belongs.

Restrictions on resignation

Clause 77 provides that if in the Governor-General’s opinion special circumstances require that no constable resign without permission, the Governor-General may, by warrant, declare that no constable may resign except on the conditions set out in the warrant. This clause replaces section 14 of the Police Act 1958.

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

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

Clause 78 defines terms used in clauses 79 to 83. These are—

  • biometric information (which is a DNA profile, fingerprints, or palm-prints):

  • Police associate (which is a person who is not a Police employee, but performs for Police employees duties that may involve the risk of contaminating crime scenes or evidence):

  • staff biometric information (which is—

    • (a) biometric information from prospective Police employees; and

    • (b) biometric information voluntarily given by Police employees and Police associates).

Clause 79 allows prospective Police employees to be required to provide a bodily sample (for obtaining a DNA profile) and biometric information.

Clause 80 provides for Police employees and Police associates to provide voluntarily bodily samples and biometric information.

No Police employee or Police associate can be required to provide a sample or information.

Fingerprints of Police employees taken by the Police before the commencement of the Bill will be dealt with in the same way as information voluntarily provided under the clause.

Clause 81 restricts the use of staff biometric information.

Staff biometric information relating to a prospective Police employee must be used only for matching against other information held by the Police to—

  • determine whether the person has been convicted of an offence; or

  • if it indicates that the person may have been involved in the commission of an offence, investigating the offence and prosecuting a person charged with committing it; or

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

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

  • must be used only to eliminate him or her from being considered in the investigation of a crime; and

  • is not admissible in evidence in any proceedings against the person.

Clause 82 requires bodily samples obtained under clause 79 or 80(1) to be destroyed once a DNA profile has been obtained.

Clause 83 requires staff biometric information to be deleted—

  • in the case of a prospective Police employee, promptly after the Commissioner decides not to employ him or her; and

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

    • promptly after he or she asks the Commissioner to delete it; and

    • in any event, no later than 12 months after he or she ceases to be a Police employee or Police associate.

Subpart 2International policing

International policing: overseas operations

Clauses 84 to 88 substantially re-enact the Crimes and Misconduct (Overseas Operations) Act 2004. The purpose of clauses 84 to 88 is to—

  • ensure that Police employees and other persons serving in overseas operations involving peacekeeping, the maintenance or restoration of law and order or functioning government institutions, or similar activities, are subject to the jurisdiction of New Zealand courts for offences against New Zealand law committed overseas, unless there is good reason why they should not be subject to that jurisdiction:

  • ensure that Police employees engaged in such operations are subject to the disciplinary processes that apply to Police employees in New Zealand.

The key change to note is the definition of overseas operations group, which—

  • means any group of people that, before, on, or after the commencement of this Bill, is authorised by the Government of New Zealand to participate in duties overseas involving peacekeeping, the maintenance or restoration of law and order or functioning government institutions, or any other activity in respect of which the Government of New Zealand wishes to provide assistance (whether or not in conjunction with personnel from 1 or more other countries); but

  • does not include any Police employee who is part of a United Nations activity and to whom clauses 89 to 93 apply.

The words any other activity in respect of which the Government of New Zealand wishes to provide assistance replace the words or similar activities. This change ensures that these clauses apply to activities that do not necessarily relate to peacekeeping, or the maintenance or restoration of law and order or functioning government institutions but are, nevertheless, significant (for example, the provision of New Zealand Police assistance in the identification of tsunami victims overseas).

Clause 87 carries forward section 7 of the Crimes and Misconduct (Overseas Operations) Act 2004 and updates that provision to relate to breaches of the code of conduct prescribed under clause 20.

International policing: United Nations operations

Clauses 89 to 93 substantially re-enact the United Nations (Police) Act 1964. Clause 93 carries forward section 6 of the United Nations (Police) Act 1964 and updates that provision to relate to breaches of the code of conduct prescribed under clause 20.

Subpart 3Miscellaneous provisions

Clause 94 requires the Commissioner to provide every Police employee with evidence of the employee’s identity and authority.

The evidence provided—

  • must be in the prescribed form; and

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

  • must be surrendered by the Police employee if he or she—

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

    • resigns or retires; or

    • is suspended or removed.

However, if any question arises as to the right of any constable to hold or execute his or her office,—

  • common reputation is evidence of that right; and

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

Clause 95 provides that—

  • all powers and authorities vested in a Police employee cease immediately when the employee is suspended or ceases to be a Police employee; and

  • all powers and authorities vested in a Police employee by virtue of holding office as constable cease immediately when the Police employee ceases to hold the office of constable, or is suspended.

Clause 96 provide for evidentiary matters relating to Police dogs, Police dog handlers, Police uniforms, and Police articles.

Clause 97 provides that no constable, authorised officer, or supervisor may take part in an election as—

  • an electoral official within the meaning of section 5 of the Local Electoral Act 2001; or

  • an electoral official within the meaning of section 3 of the Electoral Act 1993.

Nothing in clause 97 limits sections 52 and 53 of the Electoral Act 1993.

Clause 98 provides that any review of the performance of the Police carried out by the States Services Commissioner under section 11 of the State Sector Act 1988 may relate only to the matters referred to in clause 16(1).

Clause 99 relates to the annual report of the Police required under section 43 of the Public Finance Act 1989. Sections 65(2) and (4) of the Police Act 1958, which are annual report requirements relating to sections 216B(3) and 317B of the Crimes Act 1961, are now added to section 312Q of the Crimes Act 1961 (Schedule 4 refers).

Clause 100 provides for the making of regulations.

Transitional and savings provisions

Clauses 101 to 106 deal with transitional and savings matters relating to employment of Police employees.

Terms relating to Police in other enactments

Clause 107 provides for the interpretation of terms describing Police employees (constables, commissioned and non-commissioned officers, and non-sworn members of Police) in other enactments.

Clause 108 states that in any enactment other than this Bill, unless the context otherwise requires, constable has the meaning given in clause 4.

Amendments to Employment Relations Act 2000

Clause 110 inserts new sections 100F and 100G into the Employment Relations Act 2000. These new sections provide for a code of good faith for employment relationships in relation to the provision of services by the Police. This code of good faith will be set out in a new Schedule 1C of the Employment Relations Act 2000 (see Schedule 3 of the Bill). The code of good faith applies to the Police, Police employees and service organisations. It also applies to other employers, employees, and their unions to the extent that the other employers and employees provide services to the Police in its role as a provider of emergency response services (as defined in new Schedule 1C).

New section 100F sets out provisions relating to the application of the code and about the consequences of compliance, or non-compliance, with the code.

New section 100G provides for amendment of the code by Order in Council.

Clause 111 amends Part A of Schedule 1 of the Employment Relations Act 2000 to provide that the provision of Police emergency response services (as defined in new Schedule 1C) is an essential service. This means that under sections 90 and 91 of the Employment Relations Act 2000 extra notice will be required by, or in relation to, Police employees employed in providing emergency response services before any strike by, or lockout of, those employees.

Clause 112 provides for the insertion of new Schedule 1C into the Employment Relations Act 2000.

Amendment to Criminal Records (Clean Slate) Act 2004

Clause 113 amends section 19(3)(d)(iii) of the Criminal Records (Clean Slate) Act 2004. The amendment ensures that applications for employment as a Police employee are excepted from the general effect of the clean slate scheme.

Amendments to Land Transport Act 1998

Clause 114 amends section 22 of the Land Transport Act 1998, which relates to driver’s duties where accidents occur. The amendment removes from section 22(3) and (5) of the Land Transport Act 1998 the requirement to report an accident to the nearest police station. The effect of this amendment is that those accident reports need only be made to an enforcement officer.

Amendment to State Sector Act 1988

Clause 115 amends section 44(2)(d) of the State Sector Act 1988, which relates to the application of that Act to certain chief executives. The amendment provides that the Commissioner of Police is, for the purposes of the State Sector Act 1988, the chief executive of the New Zealand Police. (Currently, section 44(2)(d) of the State Sector Act 1988 states that the Commissioner of Police shall be chief executive in respect of the Police Department (civilian staff)).

Amendments to Summary Offences Act 1981

Clause 117 amends section 2 of the Summary Offences Act 1981 by providing definitions of authorised officer, Police dog, and Police dog handler.

Clause 118 amends section 23 of the Summary Offences Act 1981. Under section 23, it is an offence to resist or obstruct, or incite or encourage a person to resist or obstruct a constable, prison officer, or traffic officer. The amendment ensures that section 23 applies to an authorised officer or a Police dog working under the control of a Police dog handler.

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

Clause 119 amends the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 to ensure that the restrictions and prohibitions on the use of class 1 to 5 hazardous substances do not apply when used—

  • in policing operations by Police tactical groups; or

  • on a vehicle, ship, or aircraft authorised to carry class 1 substances in policing operations by Police tactical groups; or

  • in any Police training in respect of the activities referred to above.

Other enactments amended, repeals, and revocations

Clause 120 states that—

  • the Acts specified in Schedule 4 are amended in the manner set out in that schedule:

  • the regulations specified in Schedule 5 are amended in the manner set out in that schedule:

  • the enactments specified in Part 1 of Schedule 6 are repealed:

  • the enactments specified in Part 2 of Schedule 6 are revoked.


Hon Annette King

Policing Bill

Government Bill

195—1

Contents

Appointment of Police employees

Standards of behaviour for Police employees

Appointment of constables

Authorised officers

Identification of people detained by Police

Other Police powers

Searches of people in custody

Operational provisions

Offences

Special provisions concerning terms and conditions of employment

Superannuation schemes

Strikes and lockouts involving constables

Removal of Police employees

Compulsory retirement and compulsory and voluntary disengagement from Police

Restrictions on resignation

International policing: overseas operations

International policing: United Nations operations

Transitional and savings provisions

Terms relating to Police in other enactments

Amendments to Employment Relations Act 2000

16 

Amendment to Criminal Records (Clean Slate) Act 2004

Amendments to Land Transport Act 1998

Amendment to State Sector Act 1988

Amendments to Summary Offences Act 1981

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

Other enactments amended, repeals, and revocations


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Policing Act 2007.

2 Commencement
  • This Act comes into force on 1 July 2008.

Part 1
Preliminary provisions

3 Purpose
  • The purpose of this Act is to provide for policing services in New Zealand, and to state the functions and provide for the governance and administration of the New Zealand Police.

4 Interpretation
  • In this Act, unless the context otherwise requires,—

    authorised officer means a Police employee authorised under section 24

    Commissioner means the Commissioner of Police holding office under section 12

    confidential Police document means any Police report, notice, circular, or other document in any form that—

    • (a) contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and

    • (b) is produced by any Police employee

    constable means a Police employee who—

    • (a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act); and

    • (b) includes a constable who holds any level of position within the New Zealand Police

    court process means a summons, warrant, order, direction, or other process of a Court or judicial officer, or of a Registrar or Deputy Registrar of a Court

    criminal court process means a court process issued through a Registrar of the High Court, or the Registrar of a District Court of criminal jurisdiction

    Deputy Commissioner means a Deputy Commissioner of Police holding office under section 13

    general instructions means general instructions issued by the Commissioner under section 28

    health practitioner means a person who is or is deemed to be registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003

    Judge means a Judge of any court

    judicial officer means a Judge, Justice of the Peace, or Community Magistrate

    medical practitioner means a health practitioner who is or is deemed to be registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

    Police means the instrument of the Crown continued in existence by section 7(1)

    Police article means any crest, badge, emblem, design, logogram, or other distinguishing article used, worn, or carried by any Police employee while on duty and described in regulations made under this Act

    Police dog means a dog that is—

    • (a) undergoing or has successfully completed a course of instruction at the Police Dog Training Centre; and

    • (b) being used for police duties

    Police dog handler means a Police employee who is undergoing or has successfully completed a course of instruction at the Police Dog Training Centre that qualifies the employee to perform duties as a Police dog handler

    Police employee means a person employed under section 18 and, except in Part 4, includes a person seconded to the Police

    Police property

    • (a) means property used by, or in the possession or under the control of, the Police (whether belonging to the Crown or not); and

    • (b) includes a confidential Police document or copy of that document

    Police uniform means distinctive clothing or equipment that—

    • (a) is issued by the Commissioner to be worn by Police employees while on duty; and

    • (b) has a colour scheme, pattern, or style that enables the person wearing it to be readily identifiable as a Police employee

    policing

    • (a) means the performance by the Police of any of its functions; and

    • (b) includes the exercise by Police employees of powers that they have because they are constables or authorised officers (whether the powers are statutory or given by the common law)

    psychologist means a health practitioner who is or is deemed to be registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

    State services superannuation scheme means any superannuation scheme to which Police employees may belong or are required to belong, being a superannuation scheme—

    • (a) established under section 84A(a) of the State Sector Act 1988 by the Commissioner; or

    • (b) arranged under section 84A(b) or 84A(c) of the State Sector Act 1988 by the Commissioner

    supervisor means, in relation to a Police employee,—

    • (a) a Police employee who holds a supervisory position in relation to that Police employee; and

    • (b) includes a Police employee who is nominated by a supervisor to be acting supervisor of that employee.

5 Status of examples
  • In this Act, an example is only illustrative of the provision it relates to and does not limit the provision.

6 Act binds the Crown
  • This Act binds the Crown.

Part 2
Organisation and governance

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

7 New Zealand Police
  • (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.

8 Principles
  • 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.

9 Functions of Police
  • The functions of the Police include—

    • (a) crime prevention:

    • (b) keeping the peace and maintaining public safety:

    • (c) law enforcement:

    • (d) community support and reassurance:

    • (e) national security:

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

    • (g) emergency management.

10 Roles of others acknowledged
  • (1) It is acknowledged that agencies or bodies other than the Police have important and valuable roles in the performance of the functions of the Police.

    (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.

11 Effect of sections 8 to 10
  • 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.

Subpart 2Commissioner, Deputy Commissioners, and acting Commissioner

12 Appointment of Commissioner
  • (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.

    Compare: 1958 No 109 s 3

13 Appointment of Deputy Commissioners
  • (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.

    Compare: 1958 No 109 s 4

14 Appointment process
  • The States 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.

15 Appointment of acting Commissioner
  • (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.

    Compare: 1958 No 109 s 4(5), (6)

16 Responsibilities and independence of Commissioner
  • (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; and

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

    (2) The Commissioner is not responsible to, and must act independently of, the Minister 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.

    Compare: SR 1992/14 r 3

17 Delegation of powers, functions, or duties of Commissioner
  • (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.

    Compare: 1958 No 109 ss 4(4), 55A; 1988 No 20 s 41

Subpart 3Police employees

Appointment of Police employees

18 Commissioner may appoint Police employees
  • (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.

    Compare: 1958 No 109 s 5(1), (2), (4), (5)

Standards of behaviour for Police employees

19 Undertaking by new 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.

20 Code of conduct
  • (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.

21 Form of, and communication of, 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.

Appointment of constables

22 Police employee becomes constable by taking constabulary oath
  • (1) A Police employee may become a constable only by taking the constabulary oath, in either of the following forms, before the Commissioner or a person authorised by the Commissioner to administer the constabulary 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 constabulary 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.

    Compare: 1958 No 109 s 37(1)

23 Further provisions relating to constables
  • (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 (including resignation, retirement, disengagement, removal, or redundancy) the person ceases to be a Police employee.

    Compare: 1958 No 109 s 5(1), (3), (6)

Authorised officers

24 Authorised officers
  • (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.

    Compare: 1958 No 109 s 6(2)

25 Powers conferred on Police employee authorised to perform policing role
  • 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.

26 Provisions relating to powers conferred on authorised officers
  • 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.

27 Power to amend Schedule 1 by Order in Council
  • (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.

Subpart 4General instructions

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

    (2) A general instruction must not be inconsistent with this Act or any regulations made under it.

    (3) Unless a general instruction earlier becomes inconsistent with this Act or any regulations made under it, 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.

    Compare: 1958 No 109 s 30(1), (1A), (2)

29 Communication of general instructions
  • (1) The Commissioner must take reasonable steps to ensure that all new 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 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.

    Compare: 1958 No 109 s 30(3), (4)

Subpart 5Command and control of Police

30 Command and control
  • (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 operations group within the meaning of section 84; or

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

    Compare: SR 1992/14 r 5

31 Commissioner may take charge of policing operation
  • (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.

Part 3
Powers, operations, and offences

Identification of people detained by Police

32 Identifying details
  • (1) A constable may, for the purpose of enabling the commencement of a prosecution against a person in respect of an offence, take the person’s identifying details, if the person is in the lawful custody of the Police—

    • (a) at a Police station; or

    • (b) in other premises, or in a vehicle, being used for Police purposes.

    (2) A constable who has good cause to suspect a person of committing an offence may, for the purpose of enabling the commencement of a prosecution against that person, detain that person at any place in order to take the person’s identifying details but,—

    • (a) despite subsection (5), only those details necessary to identify the person may be taken; and

    • (b) the person may be detained under this subsection only for the period reasonably necessary to take those details; and

    • (c) the person’s details must be taken in a manner that is reasonable in the circumstances; and

    • (d) nothing in this subsection authorises a strip search of the person.

    (3) A constable may only use reasonable force that may be necessary to secure the person’s identifying details.

    (4) A person who, after being cautioned, fails to comply with a reasonable demand or direction of the constable exercising his or her powers under this section—

    • (a) commits an offence; and

    • (b) is liable to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

    (5) In this section and section 33, unless the context otherwise requires,—

    identifying details means, in relation to a person, any or all of the following:

    • (a) the person’s biographical information (for example, the person’s name, address, and date of birth):

    • (b) the person’s photograph or visual image:

    • (c) details of the person’s height, fingerprints, palm-prints, or footprints, and any scars, marks, or tattoos:

    • (d) any other physical details relevant to the offence that the person is suspected of committing.

    Compare: 1958 No 109 s 57(1)–(2)

33 Storage, etc, of person’s identifying details on Police information recording system
  • The identifying details of a person that are obtained under section 32

    • (a) may be entered, recorded, and stored on a Police information recording system; but

    • (b) must, as soon as practicable, be destroyed—

      • (i) after a decision is made not to arrest the person in respect of any offence:

      • (ii) after a decision is made not to bring proceedings against the person in respect of any offence:

      • (iii) after the completion of proceedings against the person in respect of any offence, unless the person is convicted or an alternative resolution is imposed where the person admits to an offence (for example, diversion).

    Compare: 1958 No 109 s 57(3)

Other Police powers

34 Temporary closing of roads
  • (1) A constable may temporarily close to traffic any road, or part of a road, leading to or from or in the vicinity of a place, if the constable has reasonable cause to believe that—

    • (a) public disorder exists or is imminent at or near that place; or

    • (b) danger to a member of the public exists or may reasonably be expected at or near that place; or

    • (c) an indictable offence not triable summarily under section 6 of the Summary Proceedings Act 1957 has been committed or discovered at or near that place.

    (2) In this section,—

    road has the meaning given in section 315(1) of the Local Government Act 1974 except that it includes—

    • (a) a motorway within the meaning of section 2 of the Transit New Zealand Act 1989; and

    • (b) a private road within the meaning of section 315(1) of the Local Government Act 1974; and

    • (c) a private way within the meaning of section 315(1) of the Local Government Act 1974

    temporarily means for a period that is reasonably necessary in the circumstances

    traffic means all or any specified type of traffic (including pedestrian traffic).

    Compare: 1974 No 66 s 342A

35 Care and protection of intoxicated people
  • (1) A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—

    • (a) the constable reasonably believes that the person is—

      • (i) incapable of protecting himself or herself from physical harm; or

      • (ii) likely to cause physical harm to another person; or

      • (iii) likely to cause significant damage to any property; and

    • (b) the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by—

      • (i) taking the person to his or her place of residence; or

      • (ii) taking the person to a temporary shelter.

    (2) A person detained under subsection (1)

    • (a) must be released as soon as the person ceases to be intoxicated:

    • (b) must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.

    (3) A health practitioner must not recommend the further detention of a person detained under subsection (1) unless the health practitioner satisfies himself or herself that—

    • (a) the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and

    • (b) the person does not have health needs that may require medical attention; and

    • (c) it is not reasonably practicable to provide for the person’s continuing care and protection by—

      • (i) taking the person to his or her place of residence; or

      • (ii) taking the person to a temporary shelter.

    (4) In this section, intoxicated means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired.

    Compare: 1966 No 97 s 37A

36 Power to require name and address for suspected offence of killing or injuring Police dog
  • (1) A constable who has good cause to suspect that a person has committed or is committing or is attempting to commit an offence against section 53

    • (a) may require that person to state his or her name, address, and date of birth; and

    • (b) if the constable has reasonable grounds to believe that the details provided under paragraph (a) are false, may require that person to provide satisfactory evidence of those details.

    (2) A constable may arrest without warrant a person who, without reasonable excuse,—

    • (a) refuses or fails to provide details or evidence when required under subsection (1); and

    • (b) persists in that refusal or failure after being cautioned by the constable.

    (3) A person required to provide details or evidence under subsection (1) commits an offence who, without reasonable excuse,—

    • (a) refuses or fails to provide the details or evidence required; or

    • (b) provides details or evidence that he or she knows to be false in a material respect.

    (4) A person who commits an offence against this section is liable to a fine not exceeding $5,000.

    Compare: 1958 No 109 s 44E

Searches of people in custody

37 General searches of people in custody
  • (1) This section applies to any person who—

    • (a) has been taken into lawful custody; and

    • (b) is—

      • (i) at a Police station; or

      • (ii) in other premises, or in a vehicle, being used for Police purposes; and

    • (c) is to be detained securely (whether pending a first appearance in Court or a decision as to bail under section 21 of the Bail Act 2000, or for the taking of identifying details under section 32(1) of this Act).

    (2) A constable, or a searcher used in accordance with section 38, may—

    • (a) conduct a search of a person to whom subsection (1) applies; and

    • (b) take from him or her all money, and all or any property, found on him or her or in his or her possession.

    (3) In acting under subsection (2), a constable or searcher may use or cause to be used any reasonable force necessary to conduct a search or take any money or property.

    (4) Nothing in this section affects the right at common law of a constable to search any person on the person’s arrest.

    Compare: 1958 No 109 s 57A(1), (4), (5)

38 Searchers
  • (1) The Police employee in charge of the place or vehicle in which a person is detained in custody may use a searcher to carry out a search of the person under section 37 if—

    • (a) the searcher’s use is necessary to enable the search to be carried out—

      • (i) by someone of the same sex as the person; or

      • (ii) within a reasonable time of the person’s being taken into custody; and

    • (b) the Police employee is satisfied that the searcher has received appropriate training.

    (2) The searcher must carry out the search in accordance with all relevant general instructions, as if he or she were a Police employee.

    Compare: 1958 No 109 s 57B

39 Property taken from people in custody
  • (1) All money and every item of property taken from a person under section 37 must, on request, be returned to him or her when he or she is released from custody, except—

    • (a) any money or property that may need to be given in evidence in proceedings arising out of a charge brought against the person:

    • (b) any money or property whose possession by the person constitutes an offence.

    (2) Despite subsection (1), where a person to whom section 37(1) applies is released from Police custody and taken into custody in a prison, all money and every item of property taken from him or her under subsection (1) (other than money or property of a kind described in paragraph (a) or (b)) must, where practicable, be delivered to the manager of the prison.

    (3) Subsection (1) is subject to an order of the Court made under—

    • (a) section 40; or

    • (b) section 404 of the Crimes Act 1961.

40 District Court Judge may determine title to certain property
  • (1) This section applies to property if—

    • (a) it is in the possession of a Police employee; and

    • (b) it is not property distrained under the warrant of a Justice or Community Magistrate; and

    • (c) there is doubt whether a person claiming it, or which of 2 or more persons claiming it, is entitled to its possession.

    (2) If this section applies to property, a District Court Judge, on the application of any Police employee, or of a claimant to it,—

    • (a) may make an order for its delivery to any person appearing to the District Court Judge to be its owner, or entitled to its possession; or

    • (b) if the owner or person entitled to possession cannot be found, may make any order with respect to its possession the Judge thinks fit.

    (3) An application under this section must be made by originating application to a District Court in its civil jurisdiction.

    (4) If, after the making of an order under subsection (2) in relation to any property, an action is commenced against a Police employee or the Crown for the recovery of the property or its value, the order and the delivery of the property in accordance with the order may be given and must be received in evidence in bar of the action.

    (5) However, no such order or delivery affects the right of any persons entitled by law to possession of the property to recover the property.

    Compare: 1958 No 109 s 58

41 Unclaimed property
  • (1) Property that has come into the possession of a Police employee as a consequence of being lost or found, and is not claimed after being held for 3 months or more, must, by the direction of the Commissioner, be sold by auction.

    (2) The auction may be held—

    • (a) at premises open to the public; or

    • (b) through the Internet, using a website established by the Commissioner or through a website provided by any other operator of an on-line auction service authorised for the purpose by the Commissioner; or

    • (c) in any other way the Commissioner considers will give the public a reasonable opportunity to bid for the property.

    (3) Property may not be sold under this section unless a notice of its proposed sale has earlier been published in a newspaper circulating in the district in which the sale is to be held, or on a website authorised for the purpose by the Commissioner.

    (4) Despite subsections (1) to (3), perishable property may be sold at any time and in any manner as the Commissioner directs, or if valueless may be destroyed.

    (5) The Commissioner may, if he or she thinks fit, appoint any person, whether or not the holder of any licence required to conduct an auction under the Auctioneers Act 1928, to conduct an auction under this section.

    Compare: 1958 No 109 s 59(1), (4)

42 Unclaimed money, and proceeds of sale of unclaimed property
  • (1) Any money that has come into the possession of a Police employee in the course of duty, and is unclaimed, must be paid into a Crown Bank Account.

    (2) The proceeds of every sale under section 41 must be paid into a Crown Bank Account, after deducting the costs incurred in—

    • (a) advertising and conducting the sale; and

    • (b) storing, transporting, testing, or otherwise preparing the goods for sale.

    Compare: 158 No 109 s 59(2), (3)

Operational provisions

43 Execution of court processes
  • (1) Every constable must obey and execute all lawful criminal court processes.

    (2) A court process directed to one constable may be executed by another constable and his or her assistants.

    (3) A constable has the same rights, powers, and authorities for and in the execution of a court process directed to another constable as if the process had been originally directed to him or her expressly by name.

    (4) A constable may arrest a person for whose arrest an unexecuted court process has been issued even if the constable does not have the process in his or her possession.

    Compare: 1958 No 109 s 38

44 Protection of Police employees acting under court processes
  • (1) A Police employee acting under a court process is not responsible for any irregularity, or any lack of jurisdiction, in its issuing.

    (2) This subsection applies to an action if—

    • (a) it is an action against a Police employee in respect of acts done in obedience to a court process; and

    • (b) the process is produced; and

    • (c) it is proved that—

      • (i) the process was issued out of a Court; or

      • (ii) the signature on the process is in the handwriting of the person whose name appears on it, and that the person is reputed to be and acts as a judicial officer, or Registrar or Deputy Registrar of a Court; and

    • (d) it is proved that the acts were done in obedience to the process.

    (3) If subsection (2) applies to an action,—

    • (a) the Court trying it must enter a verdict for the Police employee concerned; and

    • (b) the employee may recover his or her costs.

    (4) In this section, court process includes a computer printout to which section 88 or section 93 of the Summary Proceedings Act 1957 applies.

    Compare: 1958 No 109 s 39

45 Police employee may appear in Court by another employee
  • A Police employee who is to appear (otherwise than as a witness) in the execution of his or her duty may appear by another Police employee in any proceedings—

    • (a) in a District Court; or

    • (b) before the Liquor Licensing Authority, a District Licensing Agency, or any other Commission, Inquiry, Board, or Tribunal.

    Compare: 1958 No 109 s 40

46 Police dogs may accompany Police dog handlers
  • Despite any other enactment or rule of law,—

    • (a) a Police dog under the control of a Police dog handler may enter and be on any place that the Police dog handler may in the course of Police duties lawfully enter or be on:

    • (b) neither the Commissioner nor a Police dog handler in charge of a Police dog is liable in any way by reason only of a Police dog’s having entered or been on any place under paragraph (a).

    Compare: 1958 No 109 s 44A

Offences

47 Gaining employment with Police by false representations
  • (1) A person commits an offence who, for the purpose of gaining employment with the Police, intentionally submits false or forged documents or makes false representations when applying for employment.

    (2) A person who commits an offence against this section is liable to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

    Compare: 1958 No 109 s 49

48 Personation and representing vehicle, etc, as Police vehicle
  • (1) A person commits an offence who, without reasonable excuse, and in circumstances reasonably likely to lead a person to believe that the person is a Police employee,—

    • (a) pretends to be a Police employee by his or her words, conduct, or demeanour; or

    • (b) assumes the name, designation, or description of a Police employee.

    (2) A person commits an offence who, without reasonable excuse, uses any of the following things in circumstances reasonably likely to lead a person to believe that the user is a Police employee:

    • (a) a Police uniform, or item of that uniform, or a Police article:

    • (b) a uniform, or item of uniform, or article that closely resembles a Police uniform, or item of that uniform, or Police article.

    (3) A person commits an offence who, without reasonable excuse, represents any vehicle, craft, or other conveyance as being in the service of the Police in circumstances reasonably likely to lead a person to believe the vehicle, craft, or conveyance is in the service of the Police.

    (4) A person who commits an offence against this section is liable to imprisonment for a term not exceeding 12 months, to a fine not exceeding $15,000, or to both.

    Compare: 1958 No 109, ss 51, 51A

49 Use of term Police or New Zealand Police in operating name
  • (1) A person commits an offence who, without reasonable excuse, carries on an activity under an operating name that includes the word Police or the words New Zealand Police, in a manner reasonably likely to lead a person to believe that the activity is endorsed or authorised by the Police or any part of the Police.

    (2) A person who commits an offence against this section is liable,—

    • (a) in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000:

    • (b) in the case of a body corporate, to a fine not exceeding $20,000.

50 Unlawful possession of Police property
  • (1) A person commits an offence who, without lawful authority or reasonable excuse, has in his or her possession any Police property.

    (2) A person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.

    Compare: 1958 No 109, ss 52, 61A

51 Failing to help Police employee
  • (1) A Police employee in the lawful execution of his or her duty may, if it is reasonably necessary in the circumstances, ask a person who is 18 years old or older to help the Police employee do 1 or both of the following:

    • (a) apprehend or secure a person:

    • (b) convey a person in the employee’s charge to a Police station or other place.

    (2) A person who fails to give help, when so asked, commits an offence and is liable to a fine not exceeding $2,000.

    Compare: 1958 No 109 s 53

52 Unlawful dealings with prisoners
  • (1) A person commits an offence who, without the permission of a Police employee,—

    • (a) holds any communication with a prisoner in the custody or charge of a Police employee; or

    • (b) delivers any thing, or causes it to be delivered, to that prisoner; or

    • (c) attempts to do any of the things described in paragraph (a) or (b).

    (2) A person who commits an offence against this section is liable to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

    Compare: 1958 No 109 s 54

53 Killing or injuring Police dogs
  • (1) A person who intentionally kills, maims, wounds, or otherwise injures a Police dog without lawful authority or reasonable excuse commits an offence.

    (2) A person who commits an offence against this section is liable to imprisonment for a term not exceeding 12 months, to a fine not exceeding $15,000, or to both.

    Compare: 1958 No 109 s 44C

Part 4
Provisions relating to employment of Police employees

54 Interpretation
  • In this Part, unless the context otherwise requires,—

    Authority has the meaning given in section 5 of the Employment Relations Act 2000

    lockout has the meaning given in section 82 of the Employment Relations Act 2000

    service organisation means any union representing Police employees or any group of Police employees

    strike has the meaning given in section 81 of the Employment Relations Act 2000

    union has the meaning given in section 5 of the Employment Relations Act 2000.

55 Application of Employment Relations Act 2000
  • Except as expressly provided in this Act, the Employment Relations Act 2000 applies in relation to the Police.

    Compare: 1958 No 109 s 96

56 Application of Privacy Act 1993 to assessment for suitability for employment
  • Nothing in principles 2, 3, or 10 of the Privacy Act 1993 applies in relation to information collected, obtained, held, used, disclosed by, or disclosed to the Police for the purpose of any assessment by the Commissioner of the suitability of any particular person for employment with the Police.

57 Employment principles
  • Subject to this Act, the Commissioner must operate a personnel policy that complies with the principle of being a good employer by following, as if he or she were the chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.

    Compare: 1958 No 109 s 7

58 Appointments on merit
  • (1) In making an appointment under section 18, the Commissioner must give preference to the person who is best suited to the position.

    (2) This section is subject to sections 63 and 64.

    Compare: 1958 No 109 s 8

59 Obligation to notify vacancies
  • (1) If the Commissioner intends to fill a position that is vacant or is to become vacant in the Police, the Commissioner must, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified people to apply for the position.

    (2) This section is subject to sections 63 and 64.

    Compare: 1958 No 109 s 9

60 Obligation to notify appointments
  • The Commissioner must notify Police employees of every appointment (other than that of an acting, temporary, or casual employee) to a vacant position in the Police.

    Compare: 1958 No 109 s 10

61 Review of appointments
  • Section 65 of the State Sector Act 1988 (which relates to review of appointments) applies in respect of any appointment made by the Commissioner under section 18 as if the Police were a Department and the Commissioner were the chief executive of that Department.

    Compare: 1958 No 109 s 11

62 Acting appointments
  • (1) In the case of the absence from duty for any reason of a Police employee or in the case of a vacancy for any reason and from time to time while the absence or vacancy continues, or for any other special purpose, the Commissioner may—

    • (a) appoint an employee temporarily to any higher level of position; or

    • (b) authorise an employee to exercise or perform all or any of the powers and duties under this Act or any other enactment, of any level of position higher than that employee’s own level of position.

    (2) Any appointment or authority under this section may be given or made before the occasion arises or while it continues.

    (3) No appointment or authority under this section, and nothing done by any employee acting pursuant to the appointment or authority, may be questioned in any proceedings on the ground that—

    • (a) the occasion has not arisen or had ceased; or

    • (b) the employee had not been appointed to any level of position to which the authority relates.

    (4) The Commissioner may at any time revoke any appointment made or authority given under this section.

    Compare: 1958 No 109 s 13

63 Power to transfer employees within Police
  • (1) This section applies if the Commissioner at any time finds in respect of any duties being carried out by the Police—

    • (a) that those duties are no longer to be carried out by the Police; or

    • (b) that a greater number of employees is employed at a location on those duties than the Commissioner considers to be necessary for the efficient carrying out of those duties.

    (2) The Commissioner may, subject to any applicable employment agreement, but without complying with sections 58(1) and 59(1), appoint to other positions in the Police any or all of the employees who are carrying out those duties.

    (3) Before making an appointment under this section, the Commissioner must consult with the employee about the proposed appointment.

    (4) Nothing in section 61 applies in relation to any appointment made under this section.

    Compare: 1958 No 109 s 15(1), (3), (4)

64 Power to temporarily assign, second, and locate employees and other persons within Police
  • (1) The Commissioner may, subject to any applicable employment agreement, but without complying with sections 58(1) and 59(1):

    • (a) assign a Police employee to a temporary position in the Police:

    • (b) second a person to a position in the Police:

    • (c) second a Police employee to a position with another employer:

    • (d) relocate a Police employee—

      • (i) on the graduation of that person from initial recruit training; or

      • (ii) within the district in which the employee is stationed, and at the employee’s existing level of position, to meet Police requirements, after considering the employee’s circumstances and the merit of all employees who have indicated an interest in the position; or

      • (iii) on the return of that person to duty from an overseas assignment, leave without pay, parental leave, or other special leave; or

      • (iv) to fill a vacancy in a temporary international assignment, after considering all employees who have indicated an interest in the position; or

      • (v) in order to rotate an employee within the district in which he or she is stationed; or

      • (vi) for substantial welfare or personal reasons:

    • (e) locate a person who is rejoining the Police as an employee.

    (2) Subsection (3) applies if—

    • (a) the Commissioner assigns a person to a temporary position under subsection (1)(a) or seconds a person to a position under subsection (1)(b) without complying with sections 58(1) and 59(1); and

    • (b) the person has occupied that position or been on that secondment for a period of at least 14 months.

    (3) The position occupied, or the secondment, must be considered to have been vacated by that person and, subject to any applicable employment agreement, any further assignment to or secondment of that position must be dealt with in compliance with sections 58(1) and 59(1).

Special provisions concerning terms and conditions of employment

65 Consultation with, and participation by, State Services Commissioner
  • (1) Before entering into negotiations for terms and conditions of employment of Police employees, the Commissioner must consult with the State Services Commissioner over the terms and conditions of employment to be negotiated.

    (2) The State Services Commissioner may at any time, either before or during the negotiations, indicate to the Commissioner that he or she wishes to participate with the Commissioner in the negotiation or continued negotiation of the conditions of employment of Police employees.

    (3) If the State Services Commissioner indicates that he or she wishes to participate, the Commissioner must allow the State Services Commissioner to participate in the negotiations.

    Compare: 1958 No 109 ss 67(4), 75(3)

66 Referral of negotiations for terms and conditions of employment applying to constables to arbitration procedure
  • (1) This section applies to bargaining for terms and conditions of employment—

    • (a) that are applicable to constables or any class or description of constables; and

    • (b) that are to be fixed in a collective employment agreement.

    (2) A dispute concerning any terms and conditions of employment referred to in subsection (1) must be dealt with in accordance with the procedure set out in Schedule 2 if—

    • (a) the Authority recommends under section 50H of the Employment Relations Act 2000 that that process be followed; or

    • (b) a mediator appointed by the chief executive of the Department of Labour or by agreement of the parties to the bargaining is satisfied that no action short of that process will settle the dispute.

Superannuation schemes

67 State services superannuation schemes
  • (1) The Commissioner may exercise in respect of Police employees the powers conferred by section 84A of the State Sector Act 1988 (which relates to the establishment of superannuation schemes for employees) on any employer in the State services.

    (2) Sections 84A and 84B of the State Sector Act 1988 apply accordingly with all necessary modifications.

    (3) Subsection (4) applies to all constables or any class or description of constables who are not members of the Government Superannuation Fund Police Sub-Scheme.

    (4) The Commissioner may make it a condition of employment of employees to whom this subsection applies that those employees contribute to a State services superannuation scheme.

    Compare: 1958 No 109 ss 26A, 67(7)

Strikes and lockouts involving constables

68 Unlawful strikes and lockouts involving constables
  • (1) A strike by, or lockout of, any number of constables is unlawful.

    (2) Where a strike occurs or is threatened, the Commissioner may apply to the Employment Court for an injunction to prevent the strike or for an order for the resumption of full work.

    (3) Where a lockout occurs or is threatened, the appropriate service organisation may apply to the Employment Court for an injunction to prevent the lockout or for an order for the lockout to cease.

    (4) The Employment Court has full and exclusive jurisdiction to hear and determine any proceedings under this section, and no other Court has jurisdiction to hear and determine those proceedings.

    Compare: 1958 No 109 s 80

Removal of Police employees

69 Removal of Police employees
  • The Commissioner may at any time remove any Police employee from that employee’s employment, subject to this Act and the conditions of employment set out in any applicable employment agreement.

    Compare: 1958 No 109 s 5(4)

70 Removal from employment of person convicted of gaining employment with Police by false representations
  • If a Police employee is convicted of an offence against section 47 (gaining employment with the Police by false representations), any employment contract between that employee and the Commissioner is cancelled and the person must be treated as having been removed from his or her employment with the Police.

Compulsory retirement and compulsory and voluntary disengagement from Police

71 Commissioner to prescribe standards of physical, medical, and psychological health
  • (1) For the purpose of section 72, the Commissioner must prescribe standards of physical, medical, and psychological health required of Police employees to ensure that they are fit to perform competently their duties and any other duties that may reasonably be required of them from time to time.

    (2) Standards prescribed under subsection (1) may be expressed to apply to all Police employees generally, or to any particular class or description of Police employees, whether designated by reference to level of position, duties, or otherwise.

    (3) Before prescribing standards under subsection (1), the Commissioner must consult with the service organisations, the Government Superannuation Fund Authority, and the trustees of each State services superannuation scheme.

    Compare: 1958 No 109 s 28A

72 Compulsory retirement or disengagement
  • (1) The Commissioner may require a Police employee to retire from or leave the Police if the conditions in subsection (2) exist.

    (2) The conditions referred to in subsection (1) are—

    • (a) that the Commissioner is satisfied that the employee is incapable of performing competently his or her duties and any other duties that may reasonably be required of the employee from time to time; and

    • (b) that 2 medical practitioners or a medical practitioner and a psychologist nominated in each case by the Commissioner certify—

      • (i) that the employee’s incapacity is referable to the employee’s inability to meet any standards prescribed under section 71; and

      • (ii) that the employee has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance.

    (3) If the Commissioner requires an employee to retire from or leave the Police under this section, the Commissioner must—

    • (a) notify the employee in writing; and

    • (b) specify in the notice under paragraph (a) the time (being not less than one month from the date of the notice) within which the Commissioner requires the employee to retire or leave.

    (4) In any case described in subsection (2), the employee may, with the consent of the Commissioner, waive the right to notice and retire from or leave the Police immediately.

    Compare: 1958 No 109 ss 28, 28C(1), (2)

73 When employee compulsorily retired or disengaged ceases to be employee
  • (1) A Police employee who is required under section 72 to retire from or leave the Police ceases to be a Police employee—

    • (a) on the expiration of the time specified in the notice; or

    • (b) if the employee waives the right to notice with the consent of the Commissioner under section 72(4), on the date that the Commissioner gives to the employee written notice of consent to the waiver.

    (2) Despite subsection (1), if the employee takes a personal grievance action in respect of the requirement to retire from or leave the Police,—

    • (a) the employee remains a Police employee but must be placed on unpaid leave until the action is determined or completed; but

    • (b) if reinstatement is not ordered, the employee ceases to be a Police employee on the date on which written notice of the decision determining or completing the action is given to the employee.

    Compare: 1958 No 109 s 28C(3), (4)

74 Voluntary disengagement
  • (1) On the application of any Police employee, the Commissioner may permit the employee to leave the Police if the conditions in subsection (2) exist.

    (2) The conditions referred to in subsection (1) are that the Commissioner is satisfied that the employee is incapable of performing competently his or her duties and any other duties that may reasonably be required of the employee from time to time, and—

    • (a) 2 medical practitioners or a medical practitioner and a psychologist nominated in each case by the Commissioner certify—

      • (i) that the employee’s incapacity is referable to the employee’s inability to meet any standards prescribed under section 71; and

      • (ii) that the employee has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

    • (b) the Commissioner is satisfied that the employee’s incapacity is referable to any personal factor relating to the special circumstances of the employee and directly attributable to the employee’s employment with the Police.

    (3) If the Commissioner decides to permit an employee to leave the Police under this section,—

    • (a) the Commissioner must give the employee written notice of the decision; and

    • (b) the employee ceases to be an employee of the Police on the date specified in the notice.

    (4) If the Commissioner refuses to permit an employee to leave the Police under this section, the Commissioner must give the employee written notice of the decision.

    Compare: 1958 No 109 s 28D

75 Commissioner must consult Government Superannuation Fund, etc, before nominating medical practitioners and psychologists if employee is member of scheme
  • (1) The Commissioner must consult the Government Superannuation Fund Authority and the trustees of any State services superannuation scheme about the medical practitioners and psychologists that the Authority or the trustees approve to be nominated from time to time under sections 72 and 74.

    (2) Subsection (3) applies if the Police employee in question in section 72 or 74 is a member of the Government Superannuation Fund Police Sub-Scheme or a State services superannuation scheme.

    (3) The Commissioner may nominate under section 72(2)(b) or section 74(2)(a) only medical practitioners, or a medical practitioner and psychologist, approved under subsection (1).

    Compare: 1958 No 109 ss 28(5A), 28C(1A), 28D(1A)

76 Entitlement to allowances, etc
  • A person who ceases to be a Police employee under section 72 or 74 is entitled to receive the allowances and other benefits that may be prescribed by or under the Government Superannuation Fund Act 1956 or the State services superannuation scheme to which that person belongs, as the case may require.

    Compare: 1958 No 109 s 28F

Restrictions on resignation

77 Restriction on resignation by constable
  • If in the Governor-General’s special circumstances require that no constable resign without permission, the Governor-General may, by warrant under the Governor-General’s hand, declare that no constable may resign that person’s employment with the Police except on the conditions set out in the warrant.

    Compare: 1958 No 109 s 14

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

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

78 Interpretation
  • In this subpart,—

    biometric information, in relation to a person, means anything that is—

    • (a) a DNA profile of the person; or

    • (b) fingerprints or palm-prints taken from the person

    Police associate means a person who is not a Police employee, but performs (or may in the future perform) with or for Police employees duties whose performance may involve the risk of accidentally contaminating crime scenes or evidence

    staff biometric information,—

    • (a) in relation to a person being considered for employment as a Police employee, means anything that is a DNA profile derived from a bodily sample obtained under section 79, or biometric information obtained under section 79:

    • (b) in relation to a person who is a Police employee, means anything that is—

      • (i) a DNA profile derived from a bodily sample obtained under section 80(1), or biometric information obtained under section 80(1); or

      • (ii) a DNA profile derived from a bodily sample obtained under section 79, or biometric information obtained under section 79, when the person was being considered for employment as a Police employee:

    • (c) in relation to a Police associate, means anything that is a DNA profile derived from a bodily sample obtained under section 80(1), or biometric information obtained under section 80(1).

79 Prospective Police employees may be required to provide bodily sample and biometric information
  • 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).

80 Police employees and associates may voluntarily provide bodily sample and biometric information
  • (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).

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

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

    • (a) to allow biometric information to be taken for the purposes of section 81(2).

    (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.

81 Use of staff biometric information restricted
  • (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).

82 Sample to be destroyed once profile derived and stored
  • 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.

83 Staff biometric information to be deleted or destroyed if prospective employee not employed, or subject asks
  • (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.

Subpart 2International policing

International policing: overseas operations

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

    overseas operations group

    • (a) means any group of people that, before, on, or after the commencement of this Act, is authorised by the Government of New Zealand to participate in duties overseas involving peacekeeping, the maintenance or restoration of law and order or functioning government institutions, or any other activity in respect of which the Government of New Zealand wishes to provide assistance (whether or not in conjunction with personnel from 1 or more other countries); but

    • (b) does not include a Police employee who is part of a United Nations activity and to whom sections 89 to 93 apply.

    Compare: 2004 No 17 s 4

85 Jurisdiction over Police and civilian employees overseas
  • (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 group; 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.

    Compare: 2004 No 17 s 5

86 Powers of arrest and detention
  • (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.

    Compare: 2004 No 17 s 6

87 Breach of code of conduct
  • 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.

    Compare: 2004 No 17 s 7

88 Saving of jurisdiction
  • 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.

    Compare: 2004 No 17 s 8

International policing: United Nations operations

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

    act or omission means an act or omission done or omitted to be done outside New Zealand

    crime means an act or omission that if it occurred in New Zealand would be a criminal offence under any New Zealand enactment

    employee means a Police employee who is an employee for the purposes of United Nations activity.

    (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.

    Compare: 1964 No 1 ss 2, 3

90 Trial in New Zealand for crimes committed outside New Zealand
  • (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.

    Compare: 1964 No 1 s 4

91 Arrest and detention of offender
  • (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.

    Compare: 1964 No 1 s 5

92 Breach of code of conduct
  • 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.

    Compare: 1964 No 1 s 6

93 Saving of jurisdiction
  • 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.

Subpart 3Miscellaneous provisions

94 Evidence of Police identity and authority
  • (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.

    (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.

    Compare: 1958 No 109 s 41; 1996 No 27 s 7

95 When policing powers cease
  • (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.

    Compare: 1958 No 109 ss 37(2), 44

96 Evidentary provisions
  • 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.

97 Police involvement in elections
  • (1) No constable, authorised officer, or supervisor may take part in an election as—

    • (a) an electoral official within the meaning of section 5 of the Local Electoral Act 2001; or

    • (b) an electoral official within the meaning of section 3 of the Electoral Act 1993.

    (2) Nothing in this section limits sections 52 and 53 of the Electoral Act 1993.

    Compare: 1958 No 109 s 31

98 Scope of review by States Services Commissioner
  • If the States 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).

99 Annual report
  • 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.

    Compare: 1958 No 109 s 65

100 Regulations
  • (1) 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:

    • (b) regulating the disclosure by any Police employee of information coming into his or her possession in the course of performing his or her duties as a Police employee:

    • (c) providing for a system of professional registration for Police employees:

    • (d) regulating the involvement of Police employees in any political activity connected with elections conducted under the Electoral Act 1993 or the Local Electoral Act 2001:

    • (e) providing for matters relating to the governance and conduct of Police employees outside New Zealand, whether as part of an overseas operations group 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.

    (2) Regulations made under subsection (1)(b) are subject to any enactment or rule of law relating to the disclosure of information.

Transitional and savings provisions

101 Disciplinary matters
  • (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.

102 Agreements under section 67 of Police Act 1958
  • (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.

103 Collective agreements under section 75 of Police Act 1958
  • 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.

104 Individual employment agreements
  • 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.

105 Continuation of process for agreement underway under section 67 of Police Act 1958
  • (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.

106 Existing members of Police to be treated as Police employees
  • (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.

Terms relating to Police in other enactments

107 Terms relating to Police in other enactments
  • 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:

      • (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.

108 References to constables in other enactments
  • In any enactment other than this Act, unless the context otherwise requires, constable has the meaning given in section 4.

Amendments to Employment Relations Act 2000

109 Amendments to Employment Relations Act 2000
  • Sections 110 to 112 amend the Employment Relations Act 2000.

110 New sections 100F and 100G inserted
  • The following sections are inserted after section 100E:

    100F Code of good faith for employment relationships in relation to provision of services by New Zealand Police
    • (1) Schedule 1C contains a code of good faith for employment relationships in relation to the provision of services by the New Zealand Police.

      (2) The code—

      • (a) applies subject to the other provisions of this Act and any other enactment; and

      • (b) in particular, does not limit the application of the duty of good faith in section 4 in relation to the New Zealand Police.

      (3) Compliance with the code does not, of itself, necessarily mean that the duty of good faith in section 4 has been complied with.

      (4) It is a breach of the duty of good faith in section 4 for a person to whom the code applies to fail to comply with the code.

      (5) This section does not prevent a code of good faith approved under section 35 or a code of employment practice approved under section 100A applying to employment relationships in relation to the provision of services by the New Zealand Police.

      (6) However, in the case of any inconsistency, the code set out in Schedule 1C prevails over a code approved under section 35 or section 100A.

    100G Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
    • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or replace the code of good faith for employment relationships in relation to the provision of services by the New Zealand Police set out in Schedule 1C.

      (2) The Minister must not make a recommendation under subsection (1) unless the Minister has consulted the Minister of Police and any other persons and organisations that he or she considers appropriate.

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

    16
    • The provision of Police emergency response services as defined in clause 3 of Schedule 1C.

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

Amendment to Criminal Records (Clean Slate) Act 2004

113 Amendment to Criminal Records (Clean Slate) Act 2004
  • (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.

Amendments to Land Transport Act 1998

114 Amendments to Land Transport Act 1998
  • (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.

Amendment to State Sector Act 1988

115 Amendment to State Sector Act 1988
  • (1) This section amends the State Sector Act 1988.

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

    • (d) The Commissioner of Police is the chief executive of the New Zealand Police.

Amendments to Summary Offences Act 1981

116 Amendment to Summary Offences Act 1981
  • Sections 117 and 118 amend the Summary Offences Act 1981.

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

    authorised officer has the meaning given in section 4 of the Policing Act 2007

    Police dog has the meaning given in section 4 of the Policing Act 2007

    Police dog handler has the meaning given in section 4 of the Policing Act 2007.

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

    constable has the meaning given in section 4 of the Policing Act 2007.

118 Resisting Police, prison, or traffic officer
  • (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:

    • (c) any Police dog working under the control of a Police dog handler.

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

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

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

    9B Exclusion for substances when used in policing
    • Nothing in these regulations applies to class 1 to 5 substances when used—

      • (a) in policing operations by Police tactical groups; or

      • (b) on a vehicle, ship, or aircraft authorised to carry class 1 substances in policing operations by Police tactical groups; or

      • (c) in any Police training in respect of the activities referred to in paragraph (a) or (b).

Other enactments amended, repeals, and revocations

120 Consequential amendments and repeals
  • (1) The Acts specified in Schedule 4 are amended in the manner set out in that Schedule.

    (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.


Schedule 1
Policing roles

s 24

Part 1
Police jailer and escort

1
  • A Police employee warranted as a Police jailer and escort has the following powers:

    • (a) the powers of a constable under sections 32, 35, and 37 of this Act:

    • (b) the powers of a constable to search a person in the lawful custody of the Police:

    • (c) the powers of a constable to transport, or accompany during transport, a person in the lawful custody of the Police to or from any destination.

2
  • The power in clause 1(c) includes the custody, control, and supervision of the detainee during the transport and any custody, control, and supervision while the detainee is at any place to or from which the detainee is transported (other than a prison or police station) that is incidental to the transport.

    Example

    A Police employee managing the custody of prisoners at Court.

Part 2
Police guard

3
  • A Police employee warranted as a Police guard has the following powers:

    • (a) the powers of a constable under sections 32(1), 34, and 35 of this Act:

    • (b) the powers of a constable to search a person in the lawful custody of the Police.

      Example

      A Police employee protecting Parliament.

Part 3
Police specialist crime investigator

4
  • A Police employee warranted as a Police specialist crime investigator has the following powers:

    • (a) the powers of a constable to apply for a warrant under any enactment:

    • (b) the powers of a constable to execute any warrant, order, or other process of any court or of any Judge, Community Magistrate, or Justice:

    • (c) the powers of a constable to execute any unexecuted process for the arrest of any person without having the process in his or her possession:

    • (d) where authorised by a constable to arrest a person for an offence, the powers of a constable to arrest that person:

    • (e) the powers of a constable under sections 32 and 37 of this Act:

    • (f) the powers of a constable to search a person in the lawful custody of the Police:

    • (g) the powers of a constable to transport, or accompany during transport, a person in the lawful custody of the Police to or from any destination.

5
  • The power in clause 4(b) does not include the power to stop a vehicle under section 314B of the Crimes Act 1961.

6
  • For the purpose of clause 4(d), whatever state of mind is necessary in order for the arrest to be lawfully made, it is sufficient if the constable who authorises the arrest to be made has that state of mind.

7
  • The power in clause 4(g) includes the custody, control, and supervision of the detainee during the transport and any custody, control, and supervision while the detainee is at any place to or from which the detainee is transported (other than a prison or police station) that is incidental to the transport.

    Example

    A Police employee working as a forensic accountant.

    A Police employee working as an electronic-crime investigator.

Part 4
Police transport enforcement officer

8
  • A Police employee warranted as a Police transport enforcement officer has the following powers:

    • (a) the powers of a constable under section 42A of the Transport Act 1962:

    • (b) the powers of a constable under sections 113(2)(a), (c), and (d), 113(3), and 114(1), (2), and (3) of the Land Transport Act 1998:

    • (c) the powers of a constable under section 32 of this Act:

    • (d) the powers of a constable to execute any unexecuted process for the arrest of any person without having the process in his or her possession.

      Example

      A Police employee working at a roadside drink driver or drug-affected driver screening operation.

Schedule 2
Procedure for compulsory final offer arbitration for constables

s 66

1 Arbitrating body
  • (1) The arbitrating body is a committee appointed from time to time under this clause.

    (2) The committee consists of—

    • (a) members nominated in accordance with the following rules:

      • (i) up to a total of 2 members may be nominated by the service organisation or, if more than 1 service organisation is a party to the dispute, by the service organisations jointly:

      • (ii) up to 2 members may be nominated by the Commissioner:

      • (iii) the number of members nominated under subparagraph (i) must be the same as the number nominated under subparagraph (ii); and

    • (b) a person to chair the committee, who is to be either—

      • (i) a person mutually agreed by the appropriate service organisation and the Commissioner; or

      • (ii) a person designated by the chief executive of the Department of Labour.

    (3) If the service organisation or the Commissioner fails to make nominations for the purposes of subclause (2)(a) or act in such a way that the committee cannot be established in accordance with subclause (2), the chief executive of the Department of Labour must appoint as members of the committee the people that the chief executive thinks fit.

2 Statement as to state of negotiations
  • The appropriate service organisation and the Commissioner must each provide the arbitrating body with a signed statement as to—

    • (a) the issues in dispute; and

    • (b) the position on those issues of the party providing the statement; and

    • (c) full particulars of the final offer being made by the party providing the statement.

3 Copies of statement
  • When the arbitrating body has received both of the statements required under clause 2, it must supply—

    • (a) a copy of the service organisation’s statement to the Commissioner; and

    • (b) a copy of the Commissioner’s statement to the service organisation.

4 Hearing and determination of dispute
  • (1) The arbitrating body, after giving the parties an opportunity to be heard, must, in accordance with the provisions of this schedule, hear and determine the dispute and settle the terms of the agreement.

    (2) The arbitrating body must, at the conclusion of the hearing and before making its determination, give each of the parties the opportunity to restate in writing, within a specified time or before a specified date, its final offer.

    (3) If a party restates its final offer, the offer as restated is that party’s final offer for the purposes of clause 7.

5 Criteria to be observed by arbitrating body
  • The arbitrating body, in hearing and determining a dispute in relation to a proposed agreement, must have regard to—

    • (a) the recruitment and retention of suitably qualified Police employees to hold the office of constable and to be covered by the proposed agreement; and

    • (b) the need for fairness and equity in the rate of pay and conditions of employment for work covered by the proposed agreement; and

    • (c) any changes in the content of any job or in the skills, duties, or responsibilities of positions covered by the proposed agreement, including factors that are specific to the work covered by the proposed agreement; and

    • (d) any changes in productivity arising from, for example, the introduction of new technology; and

    • (e) relativities within the proposed agreement, and between it and other agreements; and

    • (f) the need for an agreement to recognise the special conditions applicable to employment in the Police, including the prohibition on strikes by constables; and

    • (g) any other matters that the Commissioner, the appropriate service organisation, or the arbitrating body, as the case may be, considers relevant.

6 Application of criteria
  • In applying the criteria, the arbitrating body is not bound by historical precedent and practice of any sort.

7 Duty of arbitrating body to accept one final offer
  • In determining any dispute in relation to a proposed agreement, the arbitrating body must accept in full either the final position presented by the appropriate service organisation or the final position presented by the Commissioner.

8 Right of parties to agree on other methods
  • Nothing in this schedule prevents the parties from agreeing to have the dispute or any issues in dispute determined in a way different from that set out in this schedule.

9 Power of arbitrating body to waive technical irregularities
  • The arbitrating body in its discretion may waive any technical irregularity or omission that may have occurred in the submission or reference of a dispute to the arbitrating body, if it is satisfied that the provisions of this Act have been substantially complied with.

Schedule 3
New Schedule 1C in Employment Relations Act 2000

s 112

Schedule 1C
Code of good faith for employment relationships in relation to provision of services by Police

ss 100F, 100G

1 Application
  • (1) This code applies to the following parties:

    • (a) the New Zealand Police (the Police):

    • (b) Police employees:

    • (c) service organisations:

    • (d) other employers to the extent that they provide services to the Police:

    • (e) employees of the employers referred to in paragraph (d) to the extent that they are engaged in providing services to the Police:

    • (f) unions whose members are employees referred to in paragraph (e) (other unions).

    (2) However, to avoid doubt, subclause (1)(d) and (e) applies in relation to the provision of services only if the services are provided to the Police in its role as a provider of Police emergency response services.

    (3) Before the Police enters into an agreement or arrangement with another employer for the provision of services to the Police, it must notify the employer that this code will apply to the employer in relation to the provision of those services.

    (4) However, failure to comply with subclause (3) does not affect the validity of an agreement or arrangement referred to in that subclause.

2 Purpose
  • The purpose of this code is—

    • (a) to promote productive employment relationships in relation to the provision of services by the Police:

    • (b) to require the parties to make or continue a commitment—

      • (i) to the safety of the public and Police employees; and

      • (ii) to develop, maintain, and provide high quality policing services; and

      • (iii) to engage constructively and participate fully and effectively in all aspects of their employment relationships:

    • (c) to recognise the importance of—

      • (i) collective arrangements; and

      • (ii) the role of service organisations and other unions.

3 Interpretation
  • In this schedule, unless the context otherwise requires,—

    industrial action means a strike by, or a lockout of, Police employees

    Police emergency response services means services provided by the Police that directly or indirectly enable maintenance of the Police’s effective response to calls for service where—

    • (a) people are injured or in danger; or

    • (b) there is a serious, immediate, or imminent risk to life or property; or

    • (c) a crime is being or has just been committed and the offenders are still at the scene or have just left

    service organisation has the same meaning as in section 54 of the Policing Act 2007.

General

4 General requirements
  • (1) In all aspects of their employment relationship, the parties must—

    • (a) engage constructively; and

    • (b) participate fully and effectively.

    (2) In their employment relationship, the parties must—

    • (a) behave openly and with courtesy and respect towards each other; and

    • (b) create and maintain open, effective, and clear lines of communication, including providing information in a timely manner; and

    • (c) recognise the role of Police employees as advocates for public safety; and

    • (d) make time to meet as and when required—

      • (i) to address not only the industrial issues between the parties but also issues facing the Police, the other employers, and the employees; and

      • (ii) to search for solutions that will result in productive employment relationships and the enhanced delivery of services; and

      • (iii) to ensure that any change is managed effectively; and

    • (e) recognise the time and resource constraints that may affect their ability to participate fully, and make allowances for those constraints.

    (3) To enable employees, service organisations, and other unions to comply with subclause (1), employers must ensure that appropriate steps are taken in their workplaces to encourage, enable, and facilitate employee, service organisation, and other union involvement.

    (4) The parties must use their best endeavours to resolve, in a constructive manner, any differences between them.

    (5) Subclauses (2) to (4) do not limit subclause (1).

Collective bargaining

5 Agreement on suitable person
  • As part of the arrangement required under section 32(1)(a), the parties must make every endeavour to agree on a suitable person for the purposes of clause 11(1).

6 Collective bargaining and collective agreements
  • (1) The parties must support collective bargaining where it is practical and reasonable to do so.

    (2) The parties must, as far as practical and reasonable, support the definition of coverage that best recognises the parties’ commitment to collective employment arrangements.

7 Specific things employers must not do during collective bargaining
  • During collective bargaining employers must not—

    • (a) communicate directly with service organisation or other union members in relation to the collective bargaining; or

    • (b) negotiate with employees who are not service organisation or other union members with a view to undermining or influencing the collective bargaining; or

    • (c) attempt to discourage employees from joining or remaining with the service organisation or other union; or

    • (d) contract out services with a view to undermining or influencing the collective bargaining.

8 Mutual obligations
  • (1) During collective bargaining each party must—

    • (a) give thorough and reasonable consideration to the other’s proposals; and

    • (b) not act in a manner that undermines the other or the authority of the other; and

    • (c) not deliberately attempt to provoke a breakdown in the bargaining.

    (2) If agreement cannot be reached or the collective bargaining is in difficulty, the parties must give favourable consideration to attending mediation without delay, and must consider third party decision-making.

    (3) The parties must recognise that collective bargaining and collective agreements need to—

    • (a) provide for the opportunity for participation of service organisation, and other union, officials, delegates, and members in decision-making where those decisions may have an impact on the work or working environment of those members; and

    • (b) provide for the release of employees to participate in decision-making where appropriate, acknowledging the key role of service organisation, and other union, delegates in the collective representation of their members; and

    • (c) provide for service organisation, and other union, delegates to carry out their roles, including the time needed for communication and consultation with members, and for delegate education.

Public safety

9 Obligation for Police to provide for public safety during industrial action
  • During industrial action, the Police must provide for public safety by ensuring that emergency response services are available.

10 Contingency plans
  • (1) As soon as notice of industrial action is received or given, the Police must develop (if it has not already done so) a contingency plan and take all reasonable and practicable steps to ensure that it can provide Police emergency response services if industrial action occurs.

    (2) If the Police believes it cannot arrange to deliver Police emergency response services during industrial action without the assistance of members of a service organisation or organisations, or other union or unions, the Police must make a request to the relevant service organisation or other union seeking the service organisation’s, or other union’s, and its members’ agreement to maintain or to assist in maintaining Police emergency response services.

    (3) The request must include specific details about—

    • (a) the Police emergency response service the Police seeks assistance to maintain; and

    • (b) the Police’s contingency plan relating to that Police emergency response service; and

    • (c) the support it requires from service organisation, or other union, members.

    (4) A request must be made by the close of the day after the date of the notice of industrial action.

    (5) As soon as practicable after the Police has made a request, but not later than 4 days after the date of the notice of industrial action, the parties must meet and negotiate in good faith and make every reasonable effort to agree on—

    • (a) the extent of the Police emergency response service necessary to provide for public safety during the industrial action; and

    • (b) the number of employees necessary to enable the Police to provide that Police emergency response service; and

    • (c) a protocol for the management of emergencies that require additional emergency response services.

    (6) An agreement reached between the parties must be recorded in writing.

11 Adjudication
  • (1) If the parties cannot reach agreement under clause 10(5) they must, within 5 days after the date of the notice of industrial action, refer the matter for adjudication by a suitable person as agreed by the parties under clause 5.

    (2) The adjudicator must conduct the adjudication in a manner he or she considers appropriate and must—

    • (a) receive and consider representations from the parties; and

    • (b) in consultation with the parties, seek expert advice if the adjudicator considers that it is necessary to do so; and

    • (c) attempt to resolve any differences between the parties to enable them to reach agreement and, if that is not possible, make a determination binding on the parties; and

    • (d) provide a determination to the parties as soon as possible but not later than 7 days after the date of notice of industrial action.

    (3) The parties must use their best endeavours to give effect to the determination.

    (4) The parties must bear their own costs in relation to any adjudication.

Public comments during collective bargaining

12 Recognition of service organisation members’ right to make public comments during collective bargaining
  • (1) The Police must respect and recognise the right of service organisation members to comment publicly and engage in public debate during collective bargaining on matters relevant to the collective bargaining.

    (2) This clause applies subject to clauses 13 to 15.

13 Employee must first raise matter with employer
  • Before a service organisation member exercises the right specified in clause 12(1) in relation to the operations of the Police, the employee must first—

    • (a) raise the matter with the Police; and

    • (b) provide a reasonable time for the Police to respond.

14 When service organisation member may make public comments
  • If the service organisation member is dissatisfied with the Police’s response or there is no response from the Police, the service organisation member may exercise the right specified in clause 12(1) if the service organisation member makes it clear that he or she is—

    • (a) speaking in a personal capacity; or

    • (b) speaking on behalf of the service organisation with its authority to do so.

15 Confidentiality
  • When exercising the right specified in clause 12(1), a service organisation member employee must not breach legal or operational requirements of confidentiality in respect of individual cases, operations, or investigations.

16 Rights of service organisation not affected
  • To avoid doubt, clauses 12 to 15 do not prevent a service organisation, or other union, or its representatives from making public comments or engaging in public debate on any matter relating to the Police.

17 Transitional provision
  • This code applies to bargaining for any collective agreement which began before the commencement of the code.

Schedule 4
Consequential amendments to other Acts

s 120(1)

Alcoholism and Drug Addiction Act 1966 (1966 No 97)

Section 37A: repeal.

Arms Act 1983 (1983 No 44)

Definition of member of the Police in section 2: repeal and substitute:

member of the Police means a Police employee within the meaning of section 4 of the Policing Act 2007.

Births, Deaths, and Marriages Registration Act 1995 (1995 No 16)

Section 50(2)(b): insert or level of position after rank.

Care of Children Act 2004 (2004 No 90)

Section 76(6): omit section 39 of the Police Act 1958 (which relates to protection of members of the police and substitute section 44 of the Policing Act 2007 (which relates to protection of Police employees.

Children, Young Persons, and Their Families Act 1989 (1989 No 24)

Section 445B(6): omit section 39 of the Police Act 1958 (which relates to protection of members of the Police and substitute section 44 of the Policing Act 2007 (which relates to protection of Police employees.

Coroners Act 2006 (2006 No 38)

Section 43(2): omit rank and substitute level of position.

Crimes Act 1961 (1961 No 64)

Definition of constable in section 2: repeal and substitute:

constable has the meaning given in section 4 of the Policing Act 2007.

Section 312Q: omit section 65 of the Police Act 1958 and substitute section 99 of the Policing Act 2007.

Section 312Q: insert after paragraph (g):

  • (ga) the number of occasions on which the police used an interception device in reliance on section 216B(3)(b):.

Section 312Q: insert after paragraph (k):

  • (ka) in relation to roadblocks authorised under section 317B,—

    • (i) the number of road blocks authorised; and

    • (ii) the reason for each authorisation; and

    • (iii) the number of persons (if any) arrested as a result of that authorisation; and.

Section 317B(1): omit rank and substitute level of position.

Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55)

Section 44(1): omit rank and substitute level of position.

Section 44B(2): omit rank and substitute level of position.

Section 45(2): omit rank and substitute level of position.

Section 47(1): omit rank and substitute level of position.

Section 76: omit section 65 of the Police Act 1958 and substitute section 99 of the Policing Act 2007.

Electoral Act 1993 (1993 No 87)

Section 52(1)(b): omit members and substitute employees.

Equal Pay Act 1972 (1972 No 118)

Paragraph (b) of the definition of Employee in section 2: repeal.

Evidence Act 2006 (2006 No 69)

Section 108(2): repeal paragraph (c) and substitute the following paragraph:

  • (c) that the witness has not been found guilty of a breach of the code of conduct prescribed under section 20 of the Policing Act 2007, or (as the case may require) that the witness has not been found guilty of any breach of that kind, other than a breach described in the certificate.

Extradition Act 1999 (1999 No 55)

Section 82(3): omit section 57A of the Police Act 1958 and substitute section 37 of the Policing Act 2007.

Films, Videos, and Publications Classifications Act 1993 (1993 No 94)

Section 145(1): omit rank and substitute level of position.

Section 145(3): omit rank and substitute level of position.

Financial Transactions Reporting Act 1996 (1996 No 9)

Section 15(4): omit rank and substitute level of position.

Human Rights Act 1993 (1993 No 82)

Heading to section 34: omit and Police.

Section 34(2): repeal.

Independent Police Conduct Authority Act 1988 (1988 No 2)

Definition of Commissioner in section 2: omit Police Act 1958 and substitute Policing Act 2007.

Section 12: omit member of the Police in each place it appears and substitute in each case Police employee.

Section 13: omit member of the Police and substitute Police employee.

Section 14(3): omit member of the Police and substitute Police employee.

Section 17(3): omit in accordance with any conciliation procedure established by or under the Police Act 1958.

Section 27(2): omit member of the Police and substitute Police employee.

Section 28(2)(b): omit member of the Police and substitute Police employee.

International Crimes and International Criminal Court Act 2000 (2000 No 26)

Section 77(3): omit section 57A of the Police Act 1958 and substitute section 37 of the Policing Act 2007.

International Terrorism (Emergency Powers) Act 1987 (1987 No 179)

Section 17(2): omit section 65 of the Police Act 1958 and substitute section 99 of the Policing Act 2007.

Interpretation Act 1999 (1999 No 85)

Definition of constable in section 30: repeal.

Juries Act 1981 (1981 No 23)

Section 8(g): omit members and substitute employees.

Land Transport Act 1998 (1998 No 110)

Section 15(2): omit section 51 of the Police Act 1958 and substitute section 48 of the Policing Act 2007.

Section 54(3): omit section 51 of the Police Act 1958 and substitute section 48 of the Policing Act 2007.

Local Government Act 1974 (1974 No 66)

Section 342A: repeal.

Misuse of Drugs Act 1975 (1975 No 116)

Section 18A(1): omit section 57A of the Police Act 1958 and substitute section 37 of the Policing Act 2007.

Misuse of Drugs Amendment Act 1978 (1978 No 65)

Section 13M: omit section 65 of the Police Act 1958 and substitute section 99 of the Policing Act 2007.

Section 29: omit section 65 of the Police Act 1958 and substitute section 99 of the Policing Act 2007.

Parole Act 2002 (2002 No 10)

Section 66A: omit Section 39 of the Police Act 1958 and substitute section 44 of the Policing Act 2007.

Resource Management Act 1991 (1991 No 69)

Definition of constable in section 2: repeal and substitute:

constable has the meaning given in section 4 of the Policing Act 2007.

Summary Offences Act 1981 (1981 No 113)

Section 24(a): omit constable and substitute Police employee.

Summary Proceedings Act 1957 (1957 No 87)

Definition of constable in section 2: repeal and substitute:

constable has the meaning given in section 4 of the Policing Act 2007.

Section 192: repeal.

Telecommunications (Residual Provisions) Act 1987 (1987 No 116)

Section 10R(1): omit section 65 of the Police Act 1958 and substitute section 99 of the Policing Act 2007.

Terrorism Suppression Act 2002 (2002 No 34)

Section 44(3): omit rank and substitute level of position.

Volunteers Employment Protection Act 1973 (1973 No 25)

Paragraph (b) of the definition of state employee in section 2: omit sections 67, 67A, 75, and 76 of the Police Act 1958 and substitute Part 4 of the Policing Act 2007.

Schedule 5
Consequential amendments to Regulations

s 120(2)

Children, Young Persons, and Their Families (Forms) Regulations 1989 (SR 1989/296)

Form 5 in Schedule 1: omit rank and substitute level of position.

Form 6 in Schedule 1: omit Senior Sergeant (or Commissioned Officer) of Police and substitute (level of position in Police).

Corrections Regulations 2005 (SR 2005/53)

Regulation 27(v): omit section 57 of the Police Act 1958 in connection with the laying of charges and substitute section 32 of the Policing Act 2007 for the purpose of enabling the commencement of a prosecution.

Cremation Regulations 1973 (SR 1973/154)

Regulation 7(1)(c): omit rank and substitute level of position.

Form D in Schedule 1: omit Rank and substitute Level of position.

Evidence Regulation 2007 (SR 2007/204)

Form in the Schedule: omit Designation/rank and substitute Designation/level of position.

New Zealand Operational Service Medal Regulations 2002 (SR 2002/234)

Regulation 4(d)(iii): omit : and substitute ; or.

Regulation 4(d): add the following subparagraph:

  • (iv) the New Zealand Police (within the meaning of the Policing Act 2007):.

Sale of Liquor Regulations 1990 (SR 1990/61)

Form 25 in Schedule 1: omit rank and substitute level of position.

Traffic Regulations 1976 (SR 1976/227)

Definition of police officer in regulation 2: omit rank, and substitute level of position.

Schedule 6
Enactments repealed or revoked

s 120(3), (4)

Part 1
Acts repealed

Crimes and Misconduct (Overseas Operations) Act 2004 (2004 No 17)
Police Act 1958 (1958 No 109)
United Nations (Police) Act 1964 (1964 No 1)

Part 2
Regulations revoked

Police Regulations 1992 (SR 1992/14)
Police (United Nations) Regulations 1964 (SR 1964/124)