Police Act 1958

Appropriate service organisation, in relation to any member or class of members of the Police, means the service organisation that covers that member or those members:

Chief of the Employment Relations Authority means the Chief of the Employment Relations Authority appointed under section 166(1)(a) of the Employment Relations Act 2000

Commissioned officer means any person appointed under this Act as a commissioned officer of Police:

Commissioner means the Commissioner of Police appointed under this Act:

Employment includes any office held as a member of the Police:

Employment Court means the Employment Court constituted under the Employment Relations Act 2000:

Employment Relations Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000:

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:

Member of the Employment Relations Authority means a member of the Employment Relations Authority who holds office under section 166(1) of the Employment Relations Act 2000; and includes a temporary member appointed under section 172 of that Act:

member of the Government Superannuation Fund Police Sub-Scheme means a member of the police who is a member of the Government Superannuation Fund subject to Part 6A of the Government Superannuation Fund Act 1956:

Minister means the Minister in Charge of Police:

Non-commissioned officer means a member of the Police above the rank of constable and below the rank of commissioned officer:

The Police means the Police of New Zealand; and includes all members of either sex appointed to the Police under this Act:

Police dog means a dog which has successfully completed a course of instruction at the Police Dog Training School and which has qualified to be used for police duties:

Police dog handler means a member of the New Zealand Police who has successfully completed a course of instruction at the Police Dog Training School and who is thereby qualified to perform duties as a police dog handler:

Police Gazette means the New Zealand Police Gazette published by the Commissioner in accordance with section 61 of this Act; and includes any supplement to the Police Gazette:

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.]]

Service organisation includes the New Zealand Police Officers Guild Incorporated, the New Zealand Police Association Incorporated, and any other organisation from time to time prescribed by regulations under this Act as representing members of the Police or of any class or classes of members of the Police:

State services superannuation scheme means any superannuation scheme to which members of the Police 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 section 84A(c) of the State Sector Act 1988 by the Commissioner.

Part 1 Appointment, promotion, and resignation of members of Police

3 Commissioner of Police

(1) The Governor-General may from time to time appoint a fit and proper person to be the Commissioner of Police, who shall have the general control of the Police.

(2) The Commissioner shall hold office during the pleasure of the Governor-General.

4 Deputy Commissioners of Police

(1) The Governor-General may from time to time appoint one or more fit and proper persons to be Deputy Commissioners of Police.

(2) Each Deputy Commissioner shall hold office during the pleasure of the Governor-General.

(3) Each Deputy Commissioner shall have and may exercise such of the powers, authorities, duties, and functions of the Commissioner as the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case.

(4) Every delegation under subsection (3) of this section shall be revocable at will, and no such delegation shall prevent the exercise of any powers by the Commissioner.

(5) In the case of absence from duty of the Commissioner (from whatever cause arising) or on the occurrence of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers, authorities, duties, and functions of the Commissioner may be exercised and performed by the Deputy Commissioner longest in office as such.

(6) The fact that a Deputy Commissioner exercises any power, authority, duty, or function, pursuant to this section, shall, in the absence of proof to the contrary, be sufficient evidence of his or her authority to do so.

5 Members of the Police

(1) The Commissioner may from time to time appoint such sworn and non-sworn members of the Police… as the Commissioner thinks necessary for the efficient exercise of the functions, duties, and powers of the Police.

(1A) The power conferred by subsection (1) of this section includes power—

(a) To engage an appointee for such period as the Commissioner and the appointee may agree:

(b) To appoint acting or temporary or casual appointees.

(2) Where the Commissioner thinks it is necessary to do so for the efficient exercise of the powers, functions, and duties of the Police, the Commissioner may designate any position within the Police that may be filled by any member of the Police.

(3) The Commissioner may assign to any sworn member of the Police such rank as the Commissioner considers appropriate.

(4) Subject to—

(a) The provisions of this Act, any general instructions issued under section 30 of this Act, and any regulations made under section 64 of this Act; and

(b) The conditions of employment set out in any agreement under section 67 or section 75 of this Act; and

the Commissioner may at any time remove any member of the Police from that member's employment.

(5) Except as otherwise expressly provided in this Act, the Commissioner shall have all of the rights, duties, and powers of an employer in respect of all members of the Police.

(6) Nothing in subsection (5) of this section shall limit or affect the powers and duties conferred or imposed on the office of constable by common law or any enactment.

(7) Without limiting subsection (4) of this section, where the Commissioner is satisfied that any sworn member of the Police is guilty of any misconduct or neglect of duty, the Commissioner may impose all or any of the following penalties:

(a) Reduction to any rank, whether commissioned or otherwise:

(b) Reduction in seniority by any specified number of years:

(d) A fine not exceeding $500.

(8) Where subsection (7) of this section applies, the Commissioner may order the payment by the member concerned of such sum as the Commissioner thinks just and reasonable towards the costs of any inquiry into that member's misconduct or neglect of duty.

5A Members may be removed for incompatible behaviour

(1) The Commissioner may institute the removal of a member of the Police from that member's employment if, following an inquiry under section 12 of this Act into alleged misconduct (in the case of a sworn member of the Police), or following an investigation into alleged serious misconduct (in the case of a non-sworn member of the Police), the Commissioner has reasonable grounds for believing—

(a) That the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within the Police or which tends to bring the Police into disrepute; and

(b) That the removal of the member is necessary to maintain good order and discipline within the Police or to avoid bringing the Police into disrepute.

(2) Subsection (1) of this section applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind.

6 Non-sworn members of the Police

(1) Except as otherwise expressly provided in this Act or any other enactment,—

(a) No non-sworn member of the Police shall have or may exercise in relation to members of the public any of the powers, functions, or duties of a member of the Police under this Act or any other enactment or at common law; and

(b) No reference in this Act or any other enactment to any member of the Police shall be read as including a reference to a non-sworn member of the Police.

(2) Any non-sworn member of the Police may, on being authorised to do so by warrant under the hand of the Commissioner, exercise any particular power, function, or duty of a member of the Police under any enactment other than this Act, except a power to arrest or search any person.

(3) It is the duty of every person exercising any power, function, or duty under a warrant issued under subsection (2) of this section—

(a) To have the warrant with him or her; and

(b) To produce the warrant during the exercise of any such power, function, or duty, if requested.

(4) In any of the enactments specified in subsection (5), a reference to a member of the police that is not expressly limited to a sworn member of the police includes a reference to a non-sworn member of the police.

(5) The enactments referred to in subsection (4) are as follows:

(a) sections 5, 10, 11, 13, 15, 30, 39 to 44, 51, 52, 54(1), 55, 55A, 57 to 59, 61A, 64, 76 to 79, and 96 of this Act:

(b) section 52(1)(b) of the Electoral Act 1993:

(d) the Police Complaints Authority Act 1988:

(e) section 24 of the Summary Offences Act 1981.

7 Employment principles

The Commissioner shall operate a personnel policy that complies with the principle of being a good employer by following, subject to this Act, as closely as possible and as if he or she were the chief executive of a Department, the provisions