Quarterly Summary - December 2007

The Commission of Inquiry into Police Conduct (COI) was established in February 2004 to carry out a full, independent investigation into the way in which New Zealand Police had dealt with allegations of sexual assault against members of the police and associates of the police. The COI Report was released on 3 April 2007 and made 60 recommendations for change. Implementation of the majority of the recommendations (48) are the responsibility of the Commissioner of Police, with 12 recommendations to be implemented by the Ministry of Justice and the Independent Police Conduct Authority and a further three by the State Services Commission (SSC).

The key Police achievement for the period is the new NZ Police Code of Conduct covering all staff, both sworn and non sworn.

This is a significant milestone for New Zealand Police and will see the following recommendations complete on 1 February 2008 when the Police Regulations take effect:

• Recommendation 33 - Those provisions of the Police Regulations 1992 that establish the disciplinary tribunal system should be revoked;
• Recommendation 38 - Code of Conduct for Police Officers.

There also has been significant progress against the following recommendations that Police will continue to advance:

• Recommendation 34 - implement a best practice State Sector disciplinary system based on a Code of Conduct;
• Recommendation 35 - the new disciplinary system should allow independent investigation of alleged misconduct where necessary or appropriate;
• Recommendation 36 - Police should ensure human resources and professional standards functions are fully integrated.

The new Code of Conduct is being introduced with revised Police Regulations and sets clear standards of behaviour expected of all Police employees, with breaches of these standards being dealt with under a new disciplinary system.

One feature of this new disciplinary system is that it emulates modern employment law principles that apply to the private and public sector.

The revised Regulations come into effect on 1 February 2008, and combined with the new Code of Conduct, enables NZ Police to address behavioural issues in a more efficient, appropriate, impartial and timely manner.

New Zealand Police are currently engaging 13 Employee Practice Managers to guide and assist with the implementation and ongoing operation of the new disciplinary processes both at national and district levels. Twelve of these managers have been provisionally appointed.

The key SSC achievement is the completion of the initial work in relation to three recommendations relating to performance management, discipline and the baseline for the annual health audit.

The key Justice and Independent Police Conduct Authority achievement for this quarter is the passage of the Independent Police Conduct Authority Amendment Act 2007, which implemented four recommendations of the COI that required legislative change. These recommendations are:

• Recommendation 27 - relating to historic sexual assault complaints;
• Recommendation 28 - Police must notify the Authority of any complaints received no later than five working days of receipt;
• Recommendation 29 - the Authority is required to notify the Attorney-General and the Minister of Police, if the Police fail to take action that appears to the Authority to be adequate;
• Recommendation 31 - provision was made in the Amendment Act to increase the Authority membership to up to five members.

In December 2007 the Ministry of Justice and the Police, in consultation with SSC and the Authority, reported to Cabinet on a review to enhance the role of the Authority. This review implements another recommendation of the COI: to review the secrecy provisions to ensure they do not inappropriately prevent the Authority from investigating complaints that may result in criminal or disciplinary proceedings being taken against a member of the Police. For a summary of the six proposals Cabinet approved to enhance the role of the Authority see Beehive - Cabinet approves changes to Independent Police Conduct Authority.

Good progress is being made by the Authority to implement the recommendations that relate to the Authority’s processes and procedures.