#1 STRATEGIC AWARENESS - Policing Act Flashcards
Policing Act 2008 - Section 8
PRINCIPLES
(a) principled, effective, and efficient policing services are a cornerstone of a free and democratic society under the rule of law:
(b) effective policing relies on a wide measure of public support and
confidence:
(c) policing services are provided under a national framework but also have a local community focus:
(d) policing services are provided in a manner that respects human rights:
(e) policing services are provided independently and impartially:
(f) in providing policing services every Police employee is required to
act professionally, ethically, and with integrity.
Policing Act 2008 - Section 9
Our functions
(a) keeping the peace:
(b) maintaining public safety:
(c) law enforcement:
(d) crime prevention:
(e) community support and reassurance
(f) national security:
(g) participation in policing activities outside New Zealand:
(h) emergency management
Policing Act 2008 - Section 10
ROLES OF OTHERS ACKNOWLEDGED
(1) It is acknowledged that important and valuable roles in the
performance of the functions of the Police are played by—
(a) public agencies or bodies (for example, certain departments of
State, and local authorities); and
(b) the holders of certain statutory offices (for example, Maori
wardens); and
(c) parts of the private sector (for example, the private security
industry).
(2) It is also acknowledged that it is often appropriate, or necessary,
for the Police to perform some of its functions in co-operation
with individual citizens, or agencies or bodies other than the
Police
Policing Act 2008 - Section 16
RESPONSIBILITIES AND INDEPENDENCE OF COMMISSIONER
(1) The Commissioner is responsible to the Minister for—
(a) carrying out the functions and duties of the Police; and
(b) the general conduct of the Police; and
(c) the effective, efficient, and economical management of the Police; and
(d) tendering advice to the Minister and other Ministers of the Crown; and
(e) giving effect to any lawful ministerial directions.
(2) The Commissioner is not responsible to, and must act independently of, any Minister of the Crown (including any person acting on the
instruction of a Minister of the Crown) regarding—
(a) the maintenance of order in relation to any individual or group of individuals; and
(b) the enforcement of the law in relation to any individual or group of individuals; and
(c) the investigation and prosecution of offences; and
(d) decisions about individual Police employees.
Policing Act 2008 - Section 30
COMMAND AND CONTROL
(1) Every Police employee must obey and be guided by—
(a) general instructions; and
(b) the Commissioner’s circulars; and
(c) any applicable local orders.
(2) Every Police employee must obey the lawful commands of a supervisor.
(3) In the absence of a supervisor, the supervisor’s authority and
responsibility devolves on—
(a) the Police employee available who is next in level of position; and
(b) in the case of equality, the longest serving Police employee.
(4) No Police employee may, when exercising any power or carrying out any function or duty, act under the direction, command, or control of—
(a) a Minister of the Crown; or
(b) a person who is not authorised by or under this Act or any other enactment or rule of law to direct, command, or control the actions of a Police employee.
(5) Subsection (4) does not apply to a Police employee outside New
Zealand who—
(a) is part of an overseas operation within the meaning of section 86; or
(b) is an employee within the meaning of section 91.
Policing Act 2008 - Section 63
ACTING APPOINTMENTS
(1) In the case of the absence from duty for any reason of a Police
employee or in the case of a vacancy for any reason and from time to
time while the absence or vacancy continues, or for any other special
purpose, the Commissioner may—
(a) appoint an employee temporarily to any higher level of position;
or
(b) authorise an employee to exercise or perform all or any of the
powers and duties under this Act or any other enactment, of any
level of position higher than that employee’s own level of
position.
(2) Any appointment or authority under this section may be given or made before the occasion arises or while it continues.
(3) No appointment or authority under this section, and nothing done by any employee acting pursuant to the appointment or authority, may be questioned in any proceedings on the ground that—
(a) the occasion has not arisen or had ceased; or
(b) the employee had not been appointed to any level of position to
which the authority relates.
(4) The Commissioner may at any time revoke any appointment made or authority given under this section
Policing Act 2008 - Section 63 - Examples
Senior sergeant is required to complete a joint certificate to
authorise detention of a young person in Police custody for a period
exceeding 24 hours and until appearance before the Court (Children, Young Persons and Their Families Act 1989, s236(1)). If the senior sergeant is absent and a sergeant temporarily stands in as a senior sergeant, they are not legally authorised to complete the joint certificate unless they are specifically authorised to undertake that role under s63(1)(b) or have been appointed as an acting senior sergeant under s63(1)(a).
Another example is found under s72 Arms Act 1983. There the
Commissioner may “from time to time, by writing under his hand” delegate to members of Police of a level not less than inspector “as he thinks fit, all or any of his powers under this Act”. A delegation under s72 may be made to a specified member of the Police or to members of the Police of a specified level of position or class, or may be made to the holder or holders for the time being of a specified office or class of offices.
Police Safety Orders may only be issued by an officer under the level of sergeant if that officer is specifically authorised to issue that order by a “qualified constable”. A “qualified constable” is defined as a constable who is of or above the level of position of sergeant. Therefore, before an acting sergeant could authorise a Police Safety Order, they would need to be specifically appointed under s63(1)(a) Policing Act.
