7.2 Policing Act, Staff Management and Code of Conduct

Question 1

What is the rule of law?

Answer 1

it defines the relationship of the government to its people. That people in a society should be governed by law and should be free from arbitrary government.

Some key concepts included in the rule of law are that all people should be treated equally before the law and that individual liberties should be preserved.

Question 2

Why is the rule of law important for the NZ Police?

Answer 2

We need to apply laws evenly. People shouldn’t be treated differently because of societal status, gender or ethnicity.

Question 3

Sec 9 - What are the functions of Police?

Answer 3

a) Keep the peace
b) Maintain public safety
c) Law enforcement
d) Crime prevention
e) Community support and reassurance
f) National security
g) Participation in policing activities outside NZ
h) emergency management

Question 4

Code of Conduct. What is it and who is governed by it?

Answer 4

The code of conduct is a code prescribed by the commissioner of police that sets out the expected standards of behavior from Police employees.

This code applies to anyone who is employed or engaged by New Zealand Police and includes Volunteers, permanent, temporary, casual contractors and consultants.

Two categories of breach are misconduct and serious misconduct.

Question 5

Sec 30 - Command and Control. Every Police employee must obey and be guided by…

Answer 5

a) general instructions
b) the Comissioners circulars and
c) any applicable local orders

Every police employee must obey the lawful command of a supervisor.

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

Question 6

Sec 63 - Acting appointments.

Answer 6

The commissioner may appoint an employee temporarily to any higher level of position or

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.

Question 7

Qualified Constable as per Sec 63. Who can issue a PSO.

Answer 7

In terms of a Police Safety Order, 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 PSO, they would need to be appointed under Sec 63.

Question 8

How can we be sure our conduct complies with the code of conduct? (SELF TEST)

Answer 8

Would your decision withstand SCRUTINY? Community, Police Service, Media.

Does my decision ENSURE compliance? Code of Conduct, Policy, General Instructions.

Is my decision LAWFUL? Laws, Regulations, Rules.

Is your decision FAIR? Community, Colleagues, Your family, Others.

Question 9

How we handle information.

Answer 9

When we are unsure whether information is confidential or sensitive or how it should be handled,we seek advice from our manager.

Question 10

Is Performance Management a disciplinary process?

Answer 10

No. It only becomes relevant for disciplinary purposes when an employee has been unable or unwilling to satisfactorily improve following a Performance Improvement Plan.

Question 11

What are the 4 steps in the Performance Management process?

Answer 11

1) Informal discussion
2) The performance meeting
3) The performance plan (PIP)
4) Completion of the PIP to the required standard

Question 12

Ideally, what should happen with any inappropriate behaviour?

Answer 12

it should be challenged on the spot.

Question 13

What is inappropriate behaviour?

Answer 13

• Unethical behaviour
• Breaching code of conduct
• Harassment, bullying or discrimination

Question 14

Self-reporting of certain incidents

You must as soon as possible, notify your supervisor in writing of the brief details and circumstances for any of the following matters

Answer 14

• any charge(s) you are to face in court
• any infringement for driving with an excess breath or blood alcohol concentration
• any suspension of your drivers licence
• any speeding notice at a speed in excess of 40km/hr above the limit
• becoming a respondent of a protection order
• any charge or infringement that could lead to suspension or partial suspension of your drivers licence

Question 15

What are the do’s of a social media post?

Answer 15

• Make sure it’s clear that it is your view and not a police view
• Select high privacy settings
• Be aware of security advice posted on the bulletin board.

Question 16

What are the dont’s of a social media post?

Answer 16

• Don’t use a personal profile for any work related activity
• Don’t use your personal address, email, phone number for Police accounts
• Don’t post anything that can bring the police into disrepute
• Don’t post anything that compromises the security of family or colleagues.

Question 17

S13 IPCA Act 88 When does the commissioner need to notify the IPCA of certain incidents involving death or serious bodily injury caused by an employee?

Answer 17

The commissioner shall

AS SOON AS PRACTICABLE

give a written notice setting out particulars of the incident.

Note that “Serious bodily harm” includes any fracture, deep laceration, injury to internal organ, impairment of a bodily function, blow to the head that causes severe concussion, injury that results in admission to hospital, or allegation of sexual assault. An exception that does not have to be reported are dog bites where the injury is not a “deep” laceration and the subject has been admitted to hospital only to allow the wound to be washed out and sutured before the subject is discharged.

Question 18

The Prevention First Model.

Answer 18

Taking every opportunity to prevent harm.

1. Target the Drivers of DEMAND.
2. Deploy to BEAT demand.
3. Mindset.

Question 19

What are ‘Our Business’ targets?

Answer 19

5% reduction in road deaths each and every year.

10,000 fewer serious crime victimisations 2021.

25% reduction in Maori reoffending by 2025.

90% of people feel safe and have trust and confidence in Police by 2021.

$500 million cash and assets restrained from GANGS and CRIMINALS by 2021.

Question 20

Can employees directly report inappropriate behavior to the IPCA?

Answer 20

Yes if:

• They feel they are unable to report the behavior to anyone in the police or
• The behavior requires the immediate attention of the IPCA

Question 21

Our Code of Conduct

Answer 21

We have high standards -

• Our reputation
• Our influence and conflicts of interest

We protect people, our information, & our resources

• Our safety
• Our information
• Our resources

We do right by others

• Our diversity
• Our acceptance of others
• Our history

We are responsible
- What will happen if you breach the code?

What does misconduct and serious misconduct look like?

• Misconduct is behaviour or actions that breach this Code of Conduct or other Police policies
• Serious misconduct is behaviour or actions that breach this Code of Conduct or other Police policies and employment agreements and seriously undermine or damage the trust and confidence Police has in you, calling into question if the employment relationship can continue.

Question 22

S15 IPCA Act 88

Section 15 – Duty of Commissioner to notify Authority of complaints

Answer 22

The Commissioner shall notify the Authority… of every complaint received by the Police, other than a complaint notified to the Commissioner by the Authority.

Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.

Examples:

• Non injury pursuit that causes significant damage or is of such significance or public interest that it places or is likely to place the Police reputation at risk
• Cell block or other custody self harm attempt that does not result in serious injury, that is of such significance or public interest that it places or is likely to place the Police reputation at risk
• Use of force matter that does not result in serious injury, that is of such significance or public interest that is places or is likely to place the Police reputation at risk.

Question 23

Speak up

Police needs to maintain a corruption resistant culture and promote ethical and professional policing. This can be achieved by ensuring that what appears to be inappropriate behaviour by Police employees continues to be:

Answer 23

• challenged
• reported
• investigated, and
• appropriately dealt with.

Question 24

IPCA Section 13 – Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm

Answer 24

Where a Police employee acting in the execution of his or her duty causes, or appears to have caused, death or serious bodily harm to any person, the Commissioner shall as soon as practicable give to the Authority a written notice setting out particulars of the incident in which the death or serious bodily harm was caused.