Policing Directions in New Zealand for the 21st Century

Policing directions photo.

The full discussion document is also available in PDF format for printing [80 pages, 1906 KB].

A summary version of this discussion paper is available in English [8 page PDF, 174 KB] and Maori [8 page PDF, 164 KB].

A short flyer version is also available as 2 page PDF’s in: Arabic, Chinese, Cook Islands Maori, English, Persian/Farsi, Fijian, Korean, Maori, Samoan, Somali, Thai, Tongan, and Vietnamese.

Executive summary

This document outlines ideas for the future of policing in New Zealand which might form part of a new Act of parliament. The options identified could assist New Zealand Police meet the challenges of the 21st century, and help deliver a world class policing service. Views are invited on these proposals.

THE CASE FOR CHANGE

New Zealand’s policing legislation needs to change. With the passage of time and after multiple amendments, weaknesses of the 1958 Police Act and 1992 Police Regulations include:

a lack of statutory principles to guide policing
unclear responsibilities and confused lines of accountability
constraints around the ability to place the right people in the right jobs
an overly prescriptive system for managing staff performance and discipline issues
little guidance to work with partner agencies, domestically or internationally
few supports to enable the use of modern policing tactics
inadequate legal protections for some Police staff and for Police as an organisation.

KEY PRINCIPLES TO GUIDE POLICING

Trust and confidence in Police hinges on policing being conducted in a principled way. A new Act could establish principles to help guide how New Zealand policing is done. Important principles which might usefully be included in new policing legislation include:

acting impartially, so policing occurs free from improper influence or direction
upholding appropriate standards of conduct, personal integrity and professionalism
providing a national service, yet linking strongly with local people and communities.

The new Act could also reflect other principles. For example, it could highlight policing is a shared undertaking, by emphasising all citizens can help uphold the law, keep the peace, prevent crime and crashes, and bring offenders to justice.

EFFECTIVE POLICING FOR NEW ZEALANDERS

Effective policing is at the heart of safe and confident communities. Ways in which legislation could support Police’s effectiveness include:

reinforcing clear command and control of Police
improving the allocation of powers to members of Police
sharing information to improve the chances of preventing re-offending
supporting frontline policing by:
- enabling faster identification of people being detained by police
- ensuring searches can be conducted in police-controlled buildings
- inviting views on a new power to move people away from danger or crime scenes
- creating a statutory presumption that police use of minimal restraint (including, if appropriate, the option of handcuffing) is a reasonable use of force
- offering more certainty for police taking incapacitated people into safe custody
enabling modern policing tactics to fight serious and organised crime
assisting with the recognition and status of members of Police
upping penalties for impersonating police and unauthorised use of Police’s name.

PEOPLE IN POLICING

A key focus is to ensure Police has a modern workforce. New policing legislation should support the Commissioner’s ability to employ a workforce with the range of skills, powers and protections needed to meet current and future demands. A modern Police employment environment could flow from legislation which includes the following major elements:

the Commissioner’s commitment to act as a good employer
strengthened approaches to pre-employment vetting
a common basis for setting employment terms and conditions
reinforcing the unity of Police with a single Code of Conduct and solemn undertaking for all Police staff
more options for empowering appropriate people to perform specific policing tasks
clear provisions to facilitate temporary secondments to and from Police
acknowledging the importance of developing Police’s leaders and managers
expanding use of certification within Police to move towards a registration system, as part of a transition to a professional model for New Zealand Police.

PLATFORMS FOR SUCCESS

Legislative building blocks will also be put in place for the oversight, management and daily running of Police. Specific measures in the Policing Act may include:

confirming the legal status and functions of New Zealand Police
defining the process for settling the appointment, terms of engagement and tenure of the most senior Police personnel, as well as delegation arrangements
clarifying the respective roles of the Commissioner of Police and Minister of Police, and the constitutional relationship between the Commissioner and the Minister
offering more certainty about the Commissioner’s position in charge of New Zealand’s constabulary
strengthening the Commissioner’s accountability for Police performance
widening the ability for arms-length inquiries into any issues of concern
enabling regulations to be issued under the new Act to address matters of detail.

Another way to help Police advance is to continue its movement to a mainstream employment relations environment. The new Act could balance further progress in this area with continued assurances policing will not be impacted by industrial action, and proven mechanisms (with updated arbitration criteria) to resolve disputes if they arise.

ANTICIPATING THE FUTURE

It is proposed to ‘future proof’ legislation for Police by including some elements which may only be triggered or fully implemented at a later point in time. Opportunities initially identified for discussion are:

using technology-neutral language to allow future advances in identification processes
cautiously expanding options to use infringement notices for lower-level offences
enabling the introduction of integrity testing, as a further support for ethical behaviour
providing for the creation of a policing oversight and improvement agency
mandating the recovery of costs for special policing services in certain circumstances.

NEXT STEPS

The proposals set out in this discussion paper seek to preserve and build on strengths of the past. In many cases, they simply confirm and clarify long-understood features of the way New Zealand Police is organised and operates. There are also proposals to do things better.

A contemporary Policing Act is long overdue. While not every proposal discussed in this paper can be progressed through Police’s own legislation, the intention of the new Act is to equip New Zealand Police with the legislation it needs to confidently meet the challenges of 21st century policing.

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