Quarterly Summary - September 2008

Key Achievements

Policing Act 2008

Introduction

The Policing Act 2008 came into force on 1 October 2008. The introduction of the new Act reinforces several recommendations of the Commission of Inquiry. The Act for the first time sets a positive framework for policing practice, including guiding principles, a solemn undertaking and placing the Code of Conduct on a statutory footing. Secondly, the Act makes some needed changes to the law that guides New Zealand Police so all Police employees join the mainstream of employment practice.

Including principles to guide policing under the Act

The principles in the Policing Act draw forward Peel's idea "the Police are the public and the public are the Police." This concept of 'citizen police' is a very powerful one. It suggests policing of the public by the public, and emphasises how a police service like New Zealand's is made up of people who have taken on a personal responsibility for protecting their fellow citizens, with and through the support of their community.

The principles in the Act also support the expectation Police treat people fairly, regardless of their personal backgrounds. All New Zealanders are equal under the law, and in their unique position upholding the law, constables take an oath to protect other citizens "without favour or affection, malice or ill-will." The professional standards New Zealanders expect of their police have been confirmed by public researchand the extensive Commission of Inquiry into Police Conduct. Those who put themselves forward to serve in Police are expected to model high standards of ethics, integrity and conduct. The theme binding these overlapping obligations is a commitment to a consensual style of policing, displaying high professional standards.

Building blocks for a cohesive workforce structure

Under the 1958 Act, constabulary staff defaulted away from mainstream employment provisions in the State Sector Act 1988 and Employment Relations Act 200. This had the effect of treating constables differently from the vast majority of New Zealand employees, as well as their Police co-workers.

Rather than continuing to have Police staff with constabulary powers operating under a unique set of rules, the new Act applies general employment legislation to Police's entire workforce. Special provisions only apply when there are compelling reasons for treating Police employees differently from other workers (e.g limiting rights to take industrial action).

To support this more cohesive employment environment the single Code of Conduct covering all Police employees is now in place, and a solemn undertaking is created, which all new staff will make on commencing employment with Police. Although this breaks new ground for New Zealand Police, the solemn undertaking will perform a broadly equivalent function to that which requires all new employees working for Statistics New Zealand and the Department of Inland Revenue to take a formal oath of secrecy or fidelity.

The new undertaking does not interfere with the time-honoured constable's oath, which remains reserved for holders of the office of constable. Rather, the solemn undertaking, paired with the Code of Conduct, will underline the significant responsibilities all Police staff take on, and emphasise employees' duty to act faithfully, ethically and impartially at all times. In a symbolic way, such a promise should help join all Police employees together with a sense of shared ideals and a spirit of impartial public service.

Key sections of the Policing Act that support COI recommendations

• s.8 - Principles to guide policing, drawing forward ethical, professional, impartial service under the rule of law.
• s.10 - Roles of others acknowledged, encouraging a more outward looking Police service.
• s.26 - Responsibilities and independence of the Commissioner clarified, to assist understanding where a Minister might be able to direct policy choices for NZ Police, and areas where the Commissioner must act independently.
• s.19 - New solemn undertaking by all Police employees to support a cohesive NZ Police workforce.
• s.20 - Making the Code of Conduct a legislative duty for all employees to follow.
• s.21 - Clarifying the form of communication of Code of Conduct to all staff.
• s. 28-30 - Clarifying the command and control and communicatin of general instructions to all NZ Police employees.
• s.56 - Making the Employment Relations Act 2000 the primary employment legislation for all NZ Police employees.
• s.57,81 - Strengthening pre-employment vetting practices.

Note the other key change in the Act is not carrying forward any of the 1958 Act's sections on discipline, e.g. s.12 of the Police Act 1958. The silence in the Policing Act allows the new progressive disciplinary system and the Code of Conduct to work fully.