Matters to be explored in developing new Police legislation for New Zealand
Principles
- Statement of the principles that underpin policing in New Zealand (including a formal role/functional statement?)
- Explicit commitment to police in a way that is appropriate for New Zealand
Community engagement
- Allowing for communities to engage with Police on priorities and/or service issues
- Empowering active involvement in policing by interested citizens (eg. volunteers, community patrols, neighbourhood support groups, etc.)
Relationships and boundary issues
- Locating Police within the state sector and the criminal justice system
- Defining Police's relationship with third party policing agents, both in the core state sector (eg. fisheries and customs officers), local government (eg. Council city safety patrollers) and the private sector (eg. security guards)
- Clarifying Police's relationship with bodies like the Police Complaints Authority, Serious Fraud Office, and Crown Law Office
- Making clear the ability of the Commissioner to step aside from prosecutorial role in certain cases?
Governance and accountability
- Establishment of NZ Police as a legal entity
- Appointment, tenure and terms of engagement of the Commissioner of Police and Deputy Commissioners of Police
- Explanation of the functions of the Commissioner
- Codifying the relationship between the Commissioner and Minister
- Accountability arrangements, including processes for managing the performance of Police and the Commissioner
- Requiring production of specific accountability documents that may spell out minimum service standards and/or reporting requirements?
- Provisions allowing for an independent inquiry into issues of concern
Conduct and integrity
- An oath of allegiance for all Police staff
- Provision for a Code of Conduct
- Reinforcing ethical use of force and other coercive powers
- Ways to support ethical behaviour by Police staff
- Vetting processes for Police staff generally, or in certain key roles
- Processes for dealing with poor performance or any misconduct, including clarity around remedial options
Human resources
- Identifying the range of duties/functions of different Police staff, as a way of exploring sworn/warranted sworn/non-sworn distinction
- Appointment, transfer and deployment provisions, incl. secondment of staff to and from other agencies, and to and from overseas posts
- Provision for lateral entry
- Environment for setting pay and conditions for Police staff
- End-of-employment provisions and superannuation arrangements
Police powers and offences
- Explanation of how an escalating array of powers are assigned to different Police staff
- Creating a means by which Police can take advantage of new technological/forensic tools
- Police-specific powers (eg. search of persons in Police custody, require name/address, etc.)
- Spelling out any special protections that apply to Police detainees (eg. "detox" cases)?
- Police-specific offences (eg. personation of a Police official, injuring Police dogs.)
Administration
- Confirming Police funding model
- Confirming the power to make Regulations, and for the Commissioner to issue General Instructions
- Outlining the composition of Police
- Clear explanation of chain of command, and how authority is delegated in certain cases
- Protection of Police staff from liability when acting in the course of duty
- Management of Police assets
- Protecting Police identity/branding (eg. use of Police crest and flag)
- Formal recognition of internal Police gazette (Ten-One)?
NZ Police features that are foundational, which it is not proposed to re-examine
- A national service that is centrally funded (vs. allowing for growth of regional or local police)
- Largely unarmed (vs. routinely carrying guns)
- Constabulary independence (vs. possibility of political direction on operational matters)
Issues to potentially be taken forward through other channels, as part of a wider police development agenda
- Teasing out future role of organisational components of NZ Police, such as the Police Prosecution Service and road policing
- Benefits of potentially consolidating commonly-used law enforcement powers in a single statute
This page is also available in PDF format: Scope of the review details.