Creating new governing legislation for Police is an important undertaking. The New Zealand Police identifies the need for stakeholders to be involved to the maximum extent appropriate in a consultation process that shapes new legislation. Consultation is seen as an investment in building trust and contributing to a result all can have confidence in.
This document seeks to ensure all consultation and participation occurs in accordance with best practise on legislation development, as outlined in the Cabinet Manual.
For the purposes of this document, consultation is defined as:
The process of actively seeking information or advice prior to making a decision. It is done with the aim of obtaining the views of those who might be affected and considering those views so that an informed decision can be made. Consultation should be undertaken between informed parties who have an open mind about the result.
Consultation is not:
Merely the sharing of information, nor the notification of a decision already taken - the consulting parties must be genuinely prepared to change as a result of consultation. The result is not necessarily a consensus or a lowest common denominator.
There will be a range of procedures and processes to inform and involve stakeholders to allow those with an interest in policing to participate and have input into the policy development and legislation making process.
Objective
The intent of consultation and participation is to engage all interested people, communities and groups in two-way interaction in which participants can express their views about matters relevant to new Police legislation. This will help achieve the overarching objective of the Police Act Review Project which is to inform the development of new legislation that is reasonable, acceptable, and understood by all parties.
Principles
The following principles will guide the Police consultation approach:
- A two way process
Consultation should be a two way process - stakeholders and those leading the consultation must engage and listen.
- Respect
Achieving successful stakeholder involvement is based on respect for those communicated with.
- Opportunity
Reasonable time and sufficient opportunity to express views must be given.
- Openness
Demonstrating an open mind and a willingness to change where appropriate is essential to building trust.
Definition of stakeholder participants
The three major categories identified for consultation are:
- Public Participants
The New Zealand Public are the major stakeholders in the development of a new Police Act. The public stake in Police's legislation can take many forms: for example, as citizens who take an active role in helping shape policing priorities (e.g. through involvement in community meetings); as people who volunteer to assist police in some way (e.g. as members of community patrol groups); as individuals affected by particular laws that police enforce (e.g. licensed firearm users); as victims or witnesses of crime; or as offenders. This category can include participants acting in a personal capacity, or as part of a community group or club.
- Professional Participants
Representatives of public and private sector organisations have an interest in the development of new Police legislation. This group will include agencies with specific interests in topic areas relevant to their organisation (e.g. the New Zealand Security Industry Association), and those considered to be core agencies with an interest in most or all of the discussions that will take place as part of the Project (e.g. the Ministry of Justice).
- Police participants
Police staff are key stakeholders as they will be governed by new legislation. It is important that staff at all levels of the organisation are involved in the consultation process. This group will also include service organisations with expert knowledge of the organisation (e.g. the Police Managers Guild and the New Zealand Police Association).
The process for informing and consulting with each audience will vary to ensure the most appropriate and effective means are used. This process will be identified within the Communications Strategy developed as part of the wider project.
Consultation with Māori, Pacific and Asian communities
Established networks will be utilised to facilitate input from Māori, Pacific, Asian and other ethnic communities. Police Iwi, Pacific, and Asian Liaison Officers will help identify the extent of consultation required with their respective communities on particular issues or policy papers. In some cases it may be most appropriate for Liaison Officers to facilitate consultation with individuals and groups. At other times they will be able to identify who should be contacted in the first instance.
All communities will be invited to identify other organisations or individuals with whom to consult, participate in any consultation forum, and comment on issues or policy. As appropriate, communities may wish to take the lead in communicating certain issues or policies through their own networks.
Guidelines
The following guidelines describe the Police consultation approach:
Consultation will be undertaken with stakeholder groups at all appropriate stages of the legislative development process to the maximum extent practicable, reasonable, and appropriate to each group's role.
Stakeholders must be involved early and have a chance to provide input into the legislative development process.
At the initiation of all consultation thought must be given to:
- Who should be consulted? For example, which stakeholder group/s have an interest?
- Why is consultation occurring - what is the objective?
- How will all interested parties be notified that they can participate?
- What can be done to ensure interested parties are able to fully engage in consultation?
- When are responses required to ensure due consideration?
- How will participant expectations be managed so it is clear what level of influence they will have over the final outcome?
- How will responses be analysed?
- How will feedback be provided to ensure participants are satisfied their views have been considered?
The party consulted will already be, or will be made, adequately aware to be able to make informed and useful responses.
Consultation requires more than simple notification and any invitation to participate. Consultation must clearly specify the timeframe and what is expected.
Consultation does not require that everyone ends up sharing the same view. It may involve agreement, acquiescence or known disagreements. It is recognised that stakeholders frequently have differing needs and will present quite different, even opposing, views on subjects. Some issues will be controversial. Opportunities and ways must be found to facilitate debate in such a way that stakeholders and policy developers have an opportunity to understand the others’ point of view, and be prepared to move in light of new information or evidence.
On occasion, parties being consulted may have agendas which prevent agreement being reached. They may see a clear advantage in prolonging consultation. Excessive consultation is a form of procrastination and should not be used as a substitute for decision making.
Inevitably, there will be times when some stakeholders will be disappointed their viewpoint does not prevail. Feedback must be given as to why decisions were made and why some viewpoints did not prevail. While stakeholders will be involved in the decision making process, it must always be remembered that accountability for legislative decisions ultimately and appropriately rests with Parliament.