On 19 September 2007, the Cabinet Policy Committee (POL), having been authorised by Cabinet with Power to Act [CAB Min (07) 34/9-14]:
noted that in August 2007, the Cabinet Social Development Committee noted that the Minister of Police intended to submit, in September 2007, a suite of Cabinet papers seeking decisions on new policing legislation [SDC Min (07) 13/3];
noted that the submission under POL (07)
328 is one of a suite of papers on the Police Act Review, and
should be read in conjunction with the papers under POL (07) 356,
POL (07) 329, POL (07) 330, POL (07) 331 and POL (07) 357;
agreed to confirm in legislation the legal status of Police within the State Services as an instrument of the Crown;
agreed to confirm in legislation the tradition of an independent constabulary within the New Zealand system of policing;
agreed that the Commissioner of Police be responsible to the Minister of Police for:
carrying out the functions and duties of Police;
effective, efficient and economical management of Police;
general conduct of Police;
tendering advice to the Minister of Police and other Ministers;
giving effect to any lawful directions by the Minister of Police;
agreed that the Commissioner of Police is to act independently, and not be subject to direction by the Minister of Police regarding:
maintenance of order or enforcement of the law in relation to any individual or group of individuals;
investigation and prosecution of offences;
decisions about individual Police employees;
agreed that the State Services Commissioner be responsible for managing the appointment process for the Commissioner of Police and Deputy Commissioners of Police;
agreed that the State Services Commissioner put candidates to the Minister of Police and Prime Minister for recommendations on appointments;
agreed that there continue to be no particular statutory pre-requisites for appointment, other than the need to appoint a “fit and proper person”;
10.1 noted that the Police Act 1958, which provides that the Governor-General appoints the Commissioner of Police and all Deputy Commissioners of Police, is silent on who makes the recommendation to the Governor-General, but that recent practice has been for the recommendation to be made jointly by the Prime Minister and Minister of Police;
10.2 agreed that the Policing Bill provide that the Commissioner of Police, and all Deputy Commissioners of Police, be appointed by the Governor-General on the recommendation of the Prime Minister;
agreed that the Governor-General may appoint an Acting Commissioner of Police, on the recommendation of the Prime Minister, in the event of the Commissioner’s incapacity by reason of illness, absence or any other cause;
agreed that, during any period between the Commissioner of Police becoming unable to perform his or her duties, and the appointment of an Acting Commissioner, the longest-serving Deputy Commissioner of Police shall assume the role of interim Acting Commissioner;
agreed that the remuneration payable to the Commissioner of Police and Deputy Commissioners of Police continue to be set by the Remuneration Authority;
agreed that the non-remunerative terms and conditions of employment for the Commissioner of Police and Deputy Commissioners of Police continue to be drafted by the State Services Commissioner, and be agreed:
in the case of the Commissioner of Police, between the appointee and the Minister of Police;
in the case of Deputy Commissioners of Police, between the appointee and the Commissioner of Police;
agreed that the Commissioner of Police and Deputy Commissioners of Police continue to formally hold office “during the pleasure of the Governor-General”, and will in practice be appointed on up to five year contracts, with the potential for reappointment;
agreed that the Commissioner of Police be able to delegate powers, duties and functions as the Commissioner thinks fit, subject to any factors which must be taken into account when such a delegated authority is exercised;
noted that the Commissioner of Police will continue to have a memorandum of understanding with the Minister of Police, through which specific performance expectations can be agreed;
noted that Deputy Commissioners of Police will continue to agree on annual performance expectations with the Commissioner of Police;
agreed that the State Services Commissioner may review the performance of Police in the same way public service departments are reviewed, if requested or directed to do so under section 11 of the State Sector Act 1988;
agreed that Police be formally brought within the ambit of the State Services Commissioner’s review functions relating to the machinery of government, and advisory functions relating to conduct and integrity, and other issues;
agreed that the Commissioner of Police must report annually to the Minister of Police on Police’s overall operations, and on such other matters affecting Police as the Commissioner thinks fit;
agreed that the Minister of Police must table a copy of Police’s Annual Report in the House of Representatives;
noted that a consequence of the proposals in paragraphs 21 and 22 is that it may be appropriate to repeal some or all of Police’s current one-off statutory reporting requirements, and this matter will be kept under active review;
noted that the Minister of Police and Commissioner of Police will continue to act swiftly to set up independent inquiries, if appropriate, which may involve public inquiries backed by the powers available under general legislation;
noted that a Policing Bill holds a category 5 priority on the 2007 Legislation Programme (instructions to be provided to Parliamentary Counsel Office in 2007);
invited the Minister of Police to issue drafting instructions to Parliamentary Counsel Office to give effect to the proposed framework set out in the above paragraphs.
Janine Harvey
Secretary Reference: CAB (07) 471; POL Min (07) 21/13
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