6 Strategic Awareness, Complaints & Conflict of Interest Flashcards
What is the vision of NZ Police?
To be the safest country.
To do this we need to work together to prevent crime and harm, and ensure everybody is safe and feels safe wherever they live, work and visit.
So everyone can go about their daily life without fear of harm or victimisation
What does Policing by Consent actually mean?
We work along side and with the broad support of the community.
Having the trust and confidence of all
What is the mission of the NZ Police?
To prevent crime and harm through exceptional policing
- holding offenders to account
- supporting victims to reduce further harm
What other two documents does Our Business sit alongside?
Our Priorities and Our Plan
What is the purpose of the NZ Police?
To ensure everyone can BE SAFE AND FEEL SAFE.
Our ability to keep people safe and feeling safe is directly linked to the level of trust and confidence the public have in us
What is the National Operating model for the NZ Police?
Prevention First
- staff to be problem solvers and to look for opportunities to prevent further crime and harm
Take every opportunity to prevent harm
What are the core components of the Prevention First Model?
- deploy to beat demand
- target the drivers of demand
- mindset - take every opportunity to prevent harm
What is evidence based Policing?
Using tactics that have been proven to work
- Reevaluate the results
- Have we achieved out desired outcome
Before we choose the most effective tactic we need to be certain we understand the problem.
The best tactic in the world will not work if its is directed at the wrong target
We need to be sure that the tactics we use are the ones that deliver the results we want and expect
What re the 6 drivers of demand?
Youth (usually come from a background of deprivation) Family (wider spec of dysfunction) Alcohol (irresponsible drinking_ Roads (road to zero) Mental Health Organised Crime (drugs and firearms)
We must continue to disrupt long term patterns of offending and victimisation and further reduce harm to NZers
What do we use for proactive victim interventions?
Graduated Response Model
What does a Victim History Score indicate?
Highlights previous victimsation
What does out Code of Conduct and Our Values do?
Sets the standard by which our interactions will be measured both within and by members of the public
What is Te Huringa o Te Tai?
It builds on Turning the Tide and is helping transform itself to be an organisation that is much better positioned to respond to the needs of the communities we serve.
AND
Provides a framework so that Police can contribute to improving outcomes for Maori and reduce offending and victimisation
Focus on
- building our ppl (SKE to deliver better outcomes for Maori
- whanau approach and joint deliver of initiatives
- focus on building relationships
Whats the purpose of PHPF?
Fosters a style of leadership where leaders are focused on ENABLING the people to be THE BEST THEY CAN be AND giving them a MANDATE to make a difference
How is PHPF delivered?
Through 5 frameworks
- Strategy - provides a tool for leaders to connect their team to Our Business
- Culture - how a shift in MINDSET will lead to a focus on purpose and enabling staff to make a difference
- Leadership - ensure leaders have a consistent understanding of the purpose and expectations
- Capability - equip individuals with tools to improve performance
- Performance Management - Talk about performance in both a meaningful and helpful way
What are the values and their definition?
PRIMED
Professionalism - look the part be the part
Respect - treat others as they would want to be treated
Integrity - Actions say it all
Maori and Treaty - Stand together
Empathy - Walk in their shoes
Diversity - Many views, one purpose
The RULE OF LAW is a fundamental characteristic of a democratic society. How does the rule of law affect how we police in NZ?
We need to apply the laws evenly ie ppl shouldn’t be treated differently because of their status in society, level of income etc
- Police officers who commit crimes must be held to account
Police are responsible for administrating the law and therefore need to administer it in a manner that is consistent with THE RULE OF LAW
Many RULES OF LAW are included in what other acts?
The BOR and VRA
What are the 8 functions of Police?
- Keeping the peace
- maintaining public safety
- law enforcement
- crime prevention
- community support and reassurance
- national security
- policing activities outside NZ
- emergency management
Who prescribes the Police Code of Conduct?
The commissioner
It is the DUTY of every police employee to conduct themselves in accordance with the Code of Conduct
What 3 things MUST every Police officer OBEY and be GUIDED by?
- GIs (General Instructions)
- Commissioners Circulars
- Local Orders
Every Police officer MUST obey the LAWFUL COMMANDS of a SUPERVISOR
s63 of the Policing Act allows for someone to ‘act’ in another position if they are absent from duty or there is a vacancy. Does this allow for an automatic transfer of powers that come with that rank?
No - you would need the Commission to authorise an employee to authorise powers that come with that rank under s63.
Staff MUST specifically consider whether they have proper authority to exercise a power and not assume that authority is automatically conferred
Ie approving PSOs by a Sgt and a SS approving a Joint Certificate with OT
Kia Tu replaces Speak Up - what are the ways you can report unacceptable behaviour?
Raise it yourself with a supervisor Kia Tu directly via phone / email District Professional Conduct Manager Area Commander District Commander National Manager Prof Standards IPCA
What are the supervisors role within Kia Tu?
- Address any concerns of unacceptable behaviour before it occurs
- Promote a culture that allows team members to resolve concerns at the lowest level
- Formally report any serious concerns
- Ensure team members are aware of this policy
- Ensure support is available to all ppl
- Assess and make adjustments to reporting lines
- Assign responsibility to another Manager if there is or is a perceived conflict of interest
- Provide support where a formal complaint has been raised
What can teh Protected Disclosures Act (Whistle Blowers Act) protect you from?
Provides protection from employees who DISCLOSE info about SERIOUS WRONG DOING.
Protected disclosures can be made and ANY EMPLOYEE who makes a disclosure under this act is IMMUNE FROM ANY CIVIL, CRIMINAL OR DISCIPLINARY proceedings
However, there are NO GUARANTEES that their ID can be kept CONFIDENTIAL
If an employee makes a disclosure under the Protected Disclosure Act, when can their ID be disclosed?
- Employee has consented to the release
- Release is ESSENTIAL to the EFFECTIVE INVESTIGATION
- Prevent SERIOUS RISK to PUBLIC HEALTH
The Code of Conduct states an employee MUST advise the SUPERVISOR if they are subject to certain orders…what are these? INTEGRITY REPORT
- Charges to be faced in Court
- EBA
- DLS
- ION for excess of 40km/hr speed
- Respondant in a Protection Order
- Any charge or ION that MAY LEAD to their drivers licence being suspended
Any supervisor that receives an INTEGRITY REPORT MUST do what?
Also call NOTIFIABLE INCIDENTS
MUST notify their line manager who MUST inform the District PPCM.
A failure by an employee to notify their supervisor WILL result in the organisation
- providing appropriate support
- providing alternative work opportunities
- MAY result in disciplinary action
Notifiable incidents
- charge to be faced in court
- respondent in a PO
- ION of more than 40km
- Anything that may impact Drivers Licence
- EBA
- Suspension of DL
The Commissioner MUST be notified about certain issues involving an employee acting in execution of their duty, what are these and what time frames and method is used?
s13
- Causes or APPEARS to have caused
- DEATH
- SERIOUS INJURY (fracture, deep laceration, injury to internal organ, impairment of bodily function, severe concussion, injury that results in hospital admission)
- Allegation of SEXUAL assault
- Complaints that wld not seem serious but involve Inspector or Senior Manager or executive
- Generate significant media coverate
- Notify Commissioner AS SOON AS PRACTICABLE
- Via WRITTEN NOTICE setting out the particulars
Excludes dog bites where person has been admitted to hospital ONLY to have wound cleaned
The COMMISSIONER SHALL (ie MUST) notify the IPCA of certain incidents, what are these and what is the reporting time frame?
- of EVERY complaint received by Police
- Notification must be AS SOON AS PRACTICAL but not later THAN 5 DAYS
Commissioner MAY notify the IPCA of criminal offending or serious misconduct by employees where the matter is of SUCH SIGNIFICANCE or PUBLIC INTEREST (Media interest) that it places or likely to place Police REPUTATION AT RISK
ie - non injury pursuit that causes significant damage, cell block self harm attempt (whether there is injury or not), use of force that does not result in serious injury BUT LIKELY to PLACE POLICE REPUTATION AT RISK
What are the KEY PRINCIPALS underpinning the Police complaint process?
- complaints are investigated in a FAIR, TIMELY and EFFECTIVE manner
- All reasonable steps are taken to investigate complaints AND notifiable incidents
- Complaints and notifiable incidents are investigated without bias or conflict of interest
- All employees have the RIGHT to be advised of any allegations against them and the right to RESPOND to these allegations
What is the role of the IPCA?
- Categorise all complains or notifiable incidents
- Advises the director Prof Conduct if the evidence gained indicates that the matter should be re-categorised
- May make a formal request for info
What are the 4 categories of IPCA complaints or notifiable incidents?
Cat A - Serious complaints where the authority MAY decide to conduct its own investigation
Cat B - Serious or significant matters, where authority WILL actively oversee Police investigation
Cat C - Can be facilitated by case resolution and are referred back to Police.
Cat D - Minor matters, require no further action by IPCA. Could be performance, conduct or learning issues to be addressed
Police will almost always lead the investigation, IPCA CAN conduct its own investigation or investigate in parallel with Police
Can the IPCA COMPEL you to give evidence/statement?
Yes - the IPCA MAY require any person who is able to give info to provide all INFO and ASSISTANCE needed for the authority to carry out its function
There are ‘rules’ around HOW a complaint about Police MUST be received and actioned - what are they?
Every complainant MUST
- be treated with COURTESY, RESPECT AND COMPASSION
- have their complaint RECEIVED and AUCTIONED promptly
- Be ADVISED of the procedures for actioning their complaint
Can expressions of dissatisfaction (EOD) be resolved at a local level or must they be forwarded to Prof Conduct?
They can be resolved at a local level without notifying Prof Conduct or IPCA.
EOD are something that is not a SPECIFIC INCIDENT, or relating to a SPECIFIC STAFF MEMBER or not a SPECIFIC ORGANISATIONAL FAILURE
IE
sirens being heard late at night
Police not enforcing speed limit on a particular road
Never seeing police walk the beat
If you are tasked to investigate a complaint that has been made about Police, it is critical that the investigation ADHERES to GOOD PRACTICE, what are the KEY TASKS guiding this investiatgion?
- assess potential criminal liability
- assess potential liability under Code of Conduct
- Consider Solicitor Generals Guidelines
- Have any decisions around charging independent reviewed
- Have any recommendation around disciplinary process reviewed by HR
- Consider INDEPENDENT INVESTIGATORS from out of district
Who has OVER ALL responsibility for investigations into complaints or notifiable incidents?
They rest with the DISTRICT COMMANDER or NATIONAL MANAGER of the service centre where the employee is normally employed.
The investigation MUST be ACTIVELY managed
Who MUST be given updates re SIGNIFICANT matters (complaints or notifiable incidents) and how OFTEN?
District Prof Conduct Manager MUST ensure WEEKLY updates to the Director - Prof Conduct
District Commander MUST provide updates to the DIRECTOR - Prof Conduct on ALL investigations in their AREA on a MONTHLY Basis
Update should include status of investigation, significant developments, expected time line to complete, any outstanding tasks
What is a conflict of interest?
A conflict between a Police duty and private and/or personal interest.
Conflicts can be ACTUAL, POTENTIAL or PERCEIVED
What should you do if their is a potential conflict of interest?
- maintain professional boundaries
- document all contact in NIA
- involve a support person
- keep colleagues/supervisor informed
- consider cultural values
- raise concerns with colleague
- develop and follow a plan of contact
What levels of professional conduct are there?
Low, medium and high
