Chapter 6 - Policing Act, complaints, conflicts Flashcards
Section 8 - What principles are the act based on?
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.
What is the rule of law?
The rule of law is a fundamental characteristic of a democratic society. It can be hard to explain as it means different things to different people.
However one definition is that 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”
Why is the rule of law important for New Zealand Police?
Police are responsible for administering the law and therefore need to administer it in a manner that is consistent with the rule of law. This applies
to both Constables and Police Employees.
Section 9 - What are the functions of Police?
(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
Section 30 - How does command and control work in the Police?
(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
What does Section63 - Acting appointments allow?
(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.
Duty of Commisioner to notify IPCA of certain incidents involving death or serious bodily harm.
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.
“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.
Notification ought to be made under section 13 whenever a person is
hospitalised as a result of Police actions.
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.
Section 15 – Duty of Commissioner to notify Authority of complaints
The Commissioner shall notify the Authority… of every complaint received by the Police, other than a complaint notified to the Commissioner by the
Authority.
(2) Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.
What is the MOU between Police and IPCA?
the Commissioner may notify the Authority of any matter involving criminal offending or serious misconduct by a Police employee, where that matter is of such significance or public interest that it places or is likely to place the Police reputation at risk. The Authority may act on these notifications in the same
manner as a complaint notified under section 15 of the Independent Police Conduct Authority Act 1988.”
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
· Any cell block or other custody self harm attempt whether it results in injury or not. (The IPCA have a role in monitoring conditions of detention and treatment of detainees in Police custody, under the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)).
· 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.
What must happen with complaints after they are received?
Districts must notify complaints to the National Manager: Police Professional
Conduct at PNHQ who in turn notifies the Authority. Districts must not notify the Authority directly.
What is the definition of a serious complaint?
serious complaint is a complaint, or issue of such significant public interest it puts, or is likely to place, the Police’s reputation at risk.
What are some guidelines around conflicts of interest?
All actual, potential or perceived conflicts of interest must be declared to a supervisor by way of the appropriate declaration.
Supervisors must never investigate allegations of sexual or other serious misconduct by employees under their direct supervision.
You must put the conflict in writing as soon as possible and notify your supervisor.
What mustn’t you do with character references?
From time to time, Police employees may be asked to provide a written character reference for someone. Police employees may only provide such
written references as private individuals, and should not sign-off using their Police job titles when doing so. Police letterhead must not be used. In
addition, such references must only be provided with the consent of your District Commander or National Manager; or, for senior position-holders, the Executive member to whom you report.
