- What is the current Police legislation?
- Why is the Police Act being reviewed?
- Why is the Act important?
- What are the time frames?
- Who has been consulted?
- How are people being consulted?
- Will a new Act reduce crime?
- What happens next?
- How can I be involved?
- How can I find out more?
- Who is leading the work?
- How does NZ policing compare with other countries?
- Will the entire old Act be redundant?
- Does the new Policing Bill deal with recommendations from the Commission of Inquiry?
What is the current Police legislation?
The Police Act 1958 and the Police Regulations 1992. Both are
affected by this review.
Why is the Police Act being reviewed?
The current Police Act has been amended more than 25 times to try and keep pace with change. However, the main body of the Act is grounded in 1958 when there were fewer than 50 civilians in Police and little specialisation beyond general duties staff in old black uniforms and the Criminal Investigation Branch wearing 'pork pie' hats. The 1950s style of policing was very much 'one size fits all' and Police was essentially the only law enforcement agency. Today a myriad of public, private and volunteer agencies contribute to policing in New Zealand. It's time to explore and better define those policing relationships, roles and boundaries and reflect these in legislation that will be the basis for a modern, future focussed, New Zealand Police.
Why is the Act important?
The Act organises how policing gets done, particularly by providing a legal basis for the establishment of a national police service, headed by a Commissioner, with provisions about the role and functions of police, the appointment of staff, and so on.
What are the time frames?
There have been three phases of public consultation, comprising a series of issues papers, a public consultation paper and drafting of the Bill. The issues papers were published in 2006 and 2007, and the first stage of public consultation finished (see Perspectives on Policing: an analysis of the responses received). A discussion document was released for public consultation Policing Directions in New Zealand for the 21st Century in May 2007. The analysis of submissions Public views on policing: An overview of submissions to Policing Directions in New Zealand for the 21st Century was released in August 2007. The Bill (which is a draft version of an Act) is available from the parliamentary services website or from this Police Act Review site.
Who has been consulted?
The first two consultation phases have been open to all, and input received from members of the public, Police employees and their service groups, representatives from various central and local government agencies and organisations. The views of some international experts on policing, as well as those from local interest bodies, have also been heard. A number of people chose to make a submission on the Bill to the select committee. Closing date for submissions was 28 March 2008.
How are people being consulted?
During the first consultation phase written feedback was invited on more than 100 questions posed by the eight Issues Papers. Overall, more than 220 separate responses were received from 132 different submitters.
The second phase of consultation included the release of the discussion document Policing Directions in New Zealand for the 21st Century. Copies of the document were sent to all government departments, territorial local authorities, public libraries, Citizens Advice Bureaux, law societies, and organisations representing new migrant and ethnic groups. Public views on this paper were invited during June and July 2007. To raise awareness of the review, more than 80 public meetings were held throughout New Zealand. More than 1,200 people attended these meetings and key points were fed back to the Police Act Review team. The Police Act Review also held a national essay competition for secondary school students and co-sponsored the 2007 New Zealand Schools Debating Championship and the 2007 Joynt Scroll competition run by the New Zealand Universities Debating Council. The Ministry of Youth Development also stimulated awareness through its networks.
Will a new Act reduce crime?
The proposals outlined by the Minister of Police have the potential to advance new ideas and programmes, including ways criminal and anti-social behaviour could be tackled more effectively, how public confidence in Police could be increased, and how effective policing could achieve better community safety.
What happens next?
Cabinet has supported the proposals outlined by the Minister of Police and the Bill had it's first reading on 19 February 2008. The Law and Order Select Committee is currently hearing public submissions on the Bill.
How can I be involved?
Public submissions to the committee closed on 28 March 2008 but you can still attend the select committee meetings.
How can I find out more?
All documents are available online as well as being distributed to public libraries. Other relevant background papers, such as Cabinet papers and minutes, are also available. Find out more about how a bill becomes law, from New Zealand Parliament website
Who is leading the work?
The work is being done by Police with a small multidisciplinary team at Police National Headquarters. The review team has been supported by a formal advisory group aimed at bringing together a range of opinion leaders and influential stakeholders.
How does NZ policing compare with other countries?
NZ Police operate in a way that has progressively changed over the past 160 years. Our policing model reflects a mix of policing practice that is in part based on the British policing model, a colonial era view of justice, and more latterly other international policing developments from regions such as North America and Europe. But, importantly, the way New Zealand Police has evolved also reflects New Zealand's own development. There are several aspects of policing in New Zealand which are unique, such as the emphasis on community policing and having one national police service.
Will the entire old Act be redundant?
Modernisation of the legislative framework is not about throwing out all old thinking simply due to its age. The principles underpinning policing are as relevant today as they have been over the past two centuries. But in the past 50 years many aspects of New Zealand life have changed and new legislation can build on the best of the past while adapting for the present, and preparing New Zealand Police for the future.
Does the new Policing Bill deal with recommendations from the Commission of Inquiry?
The new legislation will implement a number of the recommendations made in the Commission of Inquiry report.
Recommendation 11: New Zealand Police should strengthen its communication and training practices by developing a system for confirming officers have read and understood policies and instructions that affect how they carry out their duties and any changes thereto.
The new legislation will provide more clarity around the issues of command and control within Police.
Recommendation 33: Those provisions of the Police Regulations 1992 that establish the disciplinary tribunal system be revoked as soon as possible to enable a more efficient system to come in force.
Recommendation 34: New Zealand Police should implement a best practice State sector disciplinary system based on a code of conduct in keeping with principles of fairness and natural justice as part of the employment relationship.
Recommendation 35: The new disciplinary process should allow independent investigation of alleged misconduct where necessary or appropriate (in accordance with section 5A and 12 of the Police Act 1958) but should not include the use of a formal disciplinary tribunal.
Recommendation 38: A code of conduct for sworn police staff should be implemented as a matter of urgency. Subsequently, the existing code of conduct for non-sworn staff should be brought in line with the new code for sworn members.
The Policing Bill proposes a new disciplinary system, as well as providing legislative backing to a new Code of Conduct applicable to all staff.
Recommendation 57: Each police district should establish groups of community representatives, chaired by recognised community leaders, which meet regularly to provide comment and feedback on police service delivery and policing issues throughout the district. Relevant information obtained from the feedback from the community should be incorporated into the police early warning system (see recommendation R47, R48).
New legislation will recognise the importance of community engagement by confirming Police's functions include community support and reassurance.
Recommendation 59: New Zealand Police should consult with and involve the State Services Commission and other public sector agencies, where appropriate, to ensure that the projects and initiatives of the type described in recommendation R58 take account of best practice in the public sector. The Government should take steps to remove any statutory impediment to such consultation and involvement.
The new Policing Bill will remove the specific barrier to the State Services Commissioner reporting on New Zealand Police, and allow for more collaboration with other state sector agencies.
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