Authority delegated under the Policing Act 2008 and other Acts

Question 1

A number of statutes refer to the Commissioner and those holding certain positions as having authority to exercise particular powers. Only the applicable office holders may exercise these powers unless there has been…

Answer 1

a) A delegation of the Commissioners powers, functions or duties under S. 17 of the Policing Act 2008;

or

b) An employee has been temporarily appointed to a higher level of position or specifically authorized to perform the powers and duties attendant on a higher level position under S. 63 of the Policing Act 2008

Question 2

Explain Section 63 of the Policing Act 2008?

Clue: Policing Act 2008, Section 63(1)(a)

Answer 2

Where there is an absence or a vacancy in a particular role, the Commissioner may appoint an employee to temporarily fill a higher level of position than the one that person currently holds.

Question 3

Provide an example of Authority delegated under Section 63 of the Policing Act 2008?
Clue: Oranga Tamariki Act 1989, Section 236(1)

Answer 3

A Senior Sergeant is required to complete a joint certificate to authorize detention of a young person in Police custody for a period exceeding 24 hours and until appearance before the Court.

Question 4

Provide an example of Authority delegated under Section 63 of the Policing Act 2008?
Clue: Arms Act 1983, Section 72

Answer 4

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.

Question 5

Provide an example of Authority delegated under Section 63 of the Policing Act 2008?
Clue: Police Safety Orders (Domestic Violence Act 1995)

Answer 5

• Police Safety Orders came into force under amendments to the Domestic Violence Act 1995 on 1 July 2010 and may ONLY be issued by an officer under the level of Sergeant if that officer is specifically authorized 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.