Policing Act 2008 Flashcards
There are 6 principles (a-f) under Section 8. Paraphrase them.
a. Principled, effective and efficient policing services a cornerstone of a free & democratic society
b. Effective policing relies on wide public support
c. Policing services provided nationally, but have a local community focus
d. Policing provided in a manner respecting human rights
e. Policing provided independently and impartially
f. Police employees to act professionally, ethically and with integrity
Section 8 Principles - another way of remembering them?
a. Principled, effective & efficient
b. Public support
c. National delivery, but community focused
d. Respect human rights
e. Independent & Impartial
f. Act professionally, ethically & with integrity
Section 9 - what are the 8 Functions of Police (a-h)?
a. Keeping the peace
b. Maintain public safety
c. Law enforcement
d. Crime prevention
e. Community support and reassurance
f. National security
g. Policing outside NZ
h. Emergency management
What is Section 10 of the Policing Act 2008 about?
Others play a role in the performance and functions of police -
a. public agencies
b. holders of certain statutory offices (eg Maori Wardens)
c. Parts of the private sector (eg. security guards)
d. Police sometimes in co-operation with others - individual citizens, agencies or bodies
What is Section 16, regarding ‘independence’ about?
The Commissioner is not responsible to, and must act independently of, any Minister of the Crown (including any person acting on their behalf) regarding -
a. Maintenance of order
b. Enforcement of the law
c. Investigation of offences
d. Decisions about police employees
Section 30 is about ‘command and control’. Subsection (1) - what is every Police employee guided by?
a. General instructions
b. The Commissioner’s circulars
c. Any applicable local orders
Section 30(2) - what must every Police employee do?
Obey the lawful commands of a supervisor
Section 30(3) - in the absence of a supervisor, their authority devolves to who?
a. The next available who is next in level of position
b. in the case of equality, the longest serving police employee
Carrying through Section 16s independence, what must every Police employee not do under Section 30(4)?
Must not act under direction, command or control of a Minister of the Crown or anyone not authorised under the Policing Act when carrying out any function or duty, or exercising any power.
Section 30(4) describes independence from Ministers of the Crown etc when carrying out your duty as a police officer. Under subsection (5) when does subsection (4) not apply?
a. Police employee outside NZ and is part of an overseas op within meaning of s86 or;
b. employee within meaning of section 91
[Neither sections 86 or 91 are covered in the CPK. I guess subsection 5 is simply to be aware that independence from Crown ministers may not apply when policing outside NZ… I’m not looking up sections 86 or 91!]
What is the essence of Section 63 of the Policing Act 2008?
In the case of absence from duty or any special purpose, the Commissioner may:
a. appoint an employee to a higher position
b. authorise to exercise or perform all or any of the powers of any level higher than that of the employee’s own level
Some roles to be performed by ‘substantive ranks’ need to have been conferred by s63. “Staff must specifically consider whether they have proper authority to exercise a power and not assume that authority is automatically conferred”. (eg. Snr Sgt and ‘joint cert’ for Youth).
Define a ‘qualified constable’ as it relates to the Policing Act 2008?
A constable who is of or above the level of position of Sergeant.
Can an Acting Sergeant authorise the issuing of a PSO?
No - unless they have been specifically appointed to the role under Section 63(1)(a)
