Hon Annette King
Government Bill
195—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose
4 Interpretation
5 Status of examples
6 Act binds the Crown
Part 2Organisation and governance
Subpart 1—New Zealand Police, principles, functions, and roles of others
7 New Zealand Police
8 Principles
9 Functions of Police
10 Roles of others acknowledged
11 Effect of sections 8 to 10
Subpart 2—Commissioner, Deputy Commissioners, and acting Commissioner
12 Appointment of Commissioner
13 Appointment of Deputy Commissioners
14 Appointment process
15 Appointment of acting Commissioner
16 Responsibilities and independence of Commissioner
17 Delegation of powers, functions, or duties of Commissioner
Subpart 3—Police employees
Appointment of Police employees
18 Commissioner may appoint Police employees
Standards of behaviour for Police employees
19 Undertaking by new Police employees
20 Code of conduct
21 Form of, and communication of, code of conduct
Appointment of constables
22 Police employee becomes constable by taking constable's oath
23 Further provisions relating to constables
Authorised officers
24 Authorised officers
25 Powers conferred on Police employee authorised to perform policing role
26 Provisions relating to powers conferred on authorised officers
27 Power to amend Schedule 1 by Order in Council
Subpart 4—General instructions
28 General instructions
29 Communication of general instructions
Subpart 5—Command and control of Police
30 Command and control
31 Commissioner may take charge of policing operation
Part 3Powers, operations, and offences
Identification of people detained by Police
32 Identifying particulars of person in custody
32A Identifying particulars for summons
33 Storage, etc, of identifying particulars on Police information recording system
Other Police powers
34 Temporary closing of roads
35 Care and protection of intoxicated people
Searches of people in custody
37 General searches of people in custody
38 Searchers
39 Property taken from people in custody
40 District Court Judge may determine title to certain property
41 Unclaimed property
42 Unclaimed money, and proceeds of sale of unclaimed property
Operational provisions
43 Execution of court processes
44 Protection of Police employees acting under court processes
45 Police employee may appear in Court by another employee
46 Police dogs may accompany Police dog handlers
Offences
47 Gaining employment with Police by false representations
48 Personation and representing vehicle, etc, as Police vehicle
49 Use of term Police or New Zealand Police in operating name
50 Unlawful possession of Police property
51 Failing to help Police employee
52 Unlawful dealings with prisoners
53 Killing or injuring Police dogs
53A Offences triable summarily
Part 4Provisions relating to employment of Police employees
54 Interpretation
55 Application of Employment Relations Act 2000
56 Application of Privacy Act 1993 to assessment for suitability for employment
57 Employment principles
58 Appointments on merit
59 Obligation to notify vacancies
60 Obligation to notify appointments
61 Review of appointments
62 Acting appointments
63 Power to transfer employees within Police
64 Power to temporarily assign, second, and locate employees and other persons within Police
Special provisions concerning terms and conditions of employment
65 Consultation with, and participation by, State Services Commissioner
66 Referral of negotiations for terms and conditions of employment applying to constables to arbitration procedure
Superannuation schemes
67 State services superannuation schemes
Strikes and lockouts involving constables
68 Unlawful strikes and lockouts involving constables
Suspension or removal of Police employees
69 Suspension or removal of Police employees
70 Removal from employment of person convicted of gaining employment with Police by false representations
Compulsorily or voluntarily leaving Police due to incapacity
71 Commissioner to prescribe health standards
71A Form of, and communication of, health standards
72 Commissioner may require employee to leave Police due to incapacity
73 When employee required to leave Police ceases to be employee
74 Leaving Police voluntarily due to incapacity
75 Commissioner must consult Government Superannuation Fund, etc, before nominating health practitioners if employee is member of scheme
76 Entitlement to allowances, etc
Restrictions on resignation
77 Restriction on resignation by constable
Part 5Biometric information, international policing, and other miscellaneous provisions
Subpart 1—Biometric information relating to prospective Police employees, Police employees, and certain associates
78 Interpretation
79 Prospective Police employees may be required to provide bodily sample and biometric information
80 Police employees and associates may voluntarily provide bodily sample and biometric information
81 Use of staff biometric information restricted
82 Sample to be destroyed once profile derived and stored
83 Staff biometric information to be deleted or destroyed if prospective employee not employed, or subject asks
Subpart 2—International policing
International policing: overseas operations
84 Interpretation
85 Jurisdiction over Police and civilian employees overseas
86 Powers of arrest and detention
87 Breach of code of conduct
88 Saving of jurisdiction
International policing: United Nations operations
89 Interpretation and application
90 Trial in New Zealand for crimes committed outside New Zealand
91 Arrest and detention of offender
92 Breach of code of conduct
93 Saving of jurisdiction
Subpart 3—Miscellaneous provisions
94 Evidence of Police identity and authority
95 When policing powers cease
96 Evidentiary provisions
97 Police involvement in elections
98 Scope of review by State Services Commissioner
99 Annual report
100 Regulations
Transitional and savings provisions
101 Disciplinary matters
102 Agreements under section 67 of Police Act 1958
103 Collective agreements under section 75 of Police Act 1958
104 Individual employment agreements
105 Continuation of process for agreement underway under section 67 of Police Act 1958
106 Existing members of Police to be treated as Police employees
106A Existing members of Police authorised under section 6(2) of Police Act 1958
106B Pensions in respect of death or disablement
106C Identity cards
106D Delegations by Commissioner
106E Appointments and authorisations by Commissioner under section 13 of Police Act 1958
106F Police crest and badge
106G Sitting members of local authorities
Terms relating to Police in other enactments
107 Terms relating to Police in other enactments
108 References to constables in other enactments
Amendments to District Courts Act 1947
108A Amendments to District Courts Act 1947
Amendments to Employment Relations Act 2000
109 Amendments to Employment Relations Act 2000
110 New sections 100F and 100G inserted
100F Code of good faith for employment relationships in relation to provision of services by New Zealand Police
100G Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
111 Schedule 1 amended
16
112 New Schedule 1C inserted
Amendment to Criminal Records (Clean Slate) Act 2004
113 Amendment to Criminal Records (Clean Slate) Act 2004
Amendments to Land Transport Act 1998
114 Amendments to Land Transport Act 1998
Amendment to State Sector Act 1988
115 Amendment to State Sector Act 1988
Amendments to Summary Offences Act 1981
116 Amendment to Summary Offences Act 1981
117 Interpretation
118 Resisting Police, prison, or traffic officer
Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
119 Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
9B Exclusion for substances when used in policing
Other enactments amended, repeals, and revocations
120 Consequential amendments and repeals
Schedule 1Policing roles
Schedule 2Procedure for compulsory final offer arbitration for constables
Schedule 3New Schedule 1C in Employment Relations Act 2000
Schedule 4Consequential amendments to other Acts
Schedule 5Consequential amendments to Regulations
Schedule 6Enactments repealed or revoked
Legislative history
The Parliament of New Zealand enacts as follows: