Strategic Awareness, Complaints, Conflict of Interest Flashcards
What is the Prevention First operating model?
It describes how we will go about delivering Our Mission - to prevent crime and harm through exceptional policing, Our Purpose - to ensure everyone can feel safe and is safe and Our Vision - to be the safest country
What is the very general premise of Prevention First?
It is better to prevent crime than to respond to or investigate crime.
Note that a quick response can prevent further harm occurring etc so is also in line with Prevention First
How does Our Business relate to Prevention First?
Prevention First, as our operating model, shapes how we will deliver Our Business
What is Our Vision?
To be the safest country. This means the safest country that New Zealand can be
What is Our Purpose?
To ensure that everybody can be safe and feel safe. Note that a high Police presence to make people safe can lead to perceptions of crime so can actually make people feel less safe whilst actually making them safer..
What is Our Mission?
To prevent crime and harm through exceptional policing. This means focussing on the responses most likely to reduce harm rather than following a standard template. Evidence based policing ties into this
What are Our Outcomes?
Safe Communities
- Gang violence and harm
- Organised Crime
- Youth
- Drug Harm
- Alcohol Harm
Safe Roads
- Consistent enforcement across the roading network
Safe Homes
- FH
- Dwelling burgs
What are Our Priorities?
Enabling the frontline
- Supporting the frontline to prevent harm and respond to and investigate crime
- Get legislative changes through advising the Minister
Community Reassurance
- Improve feelings of safety by being visible and focussing on areas of public concern
- Working with communities to solve problems
Focus on core Policing
- Focus effort on our functions and work with others to reduce drivers of crime
What are the three Pou of Te Huringa o Te Tai?
Pou Mataara - Be First then Do
Pou Mataaho - Delivering the Services New Zealanders Expect and Deserve
Pou Hourua - Focused Prevention Through Partnerships
Te Huringa o Te Tai is about wourking with Maori as a partner
What are Polices legislative responsibilities under the Policing Act?
- Keeping the peace
- Maintaining public safety
- Law enforcement
- Crime prevention
- Community support and reassurance
- National security
- Participation in policing activities outside of New Zealand
- Emergency Management
What is the crime triangle?
All three parts of the triangle must come together for a crime to occur
- Offender
- Victim
- Location
There are opportunities to remove each and prevent crime
What is the Police deployment model?”
A method of prioritising effort to the correct areas.
It gives a mechanism for
- Understanding demand
- Understanding resources available
- Deciding on the responses of greatest importance
- Ensuring those responses are delivered
- Evaluating impact
Critical Command Information<Tasking and Coordination<Operational Activity
What are the key inputs that create CCI?
- Our goals and priorities
- Intelligence
- Demand
- Performance
- Available resources
What are the layers of opportunity to prevent crime and harm?
- Operational (everyday interactions)
- Tactical (1 - 3 month timeframe, Area/District tasking)
- Strategic (3+ month timeframe, nationally led)
What is the Community Policing Model?
Engaging with communities to prevent crime and reduce harm. Communities have a holistic view of their problems and are often better placed to create lasting and enduring solutions
What do Police need to do under Pou Mataara (Our People and their mind set)
- Adopt a Te Ao Maori world view, aligning uara Maori with Our Values
What do Police need to do under Pou Mataaho (Effective initiatives and improved practice)
- Take every opportunity to prevent harm, proactively prevent Maori from entering the Justice system and address underlying causes of offending
Pou Haurua (Effective partnerships)
- Investment in Maori partnerships, sharing decision making and devolving control
- Everyone taking responsibility, sits with Police and Maori
What is PHPF?
Fostering a style of leadership where leaders are focused on ensuring Our People are enabled to be the best they can be
What is F1 Strategy?
SPTs and GPS (Group Purpose Statements)
These ensure Our People are connected with Our Business. The SPT becomes your performance agreement
What is F2 Culture?
Culture assessments to create high performing teams
What is F3 Leadership?
Ensures leaders have a consistent understanding of the purpose of leadership in the New Zealand Police and enable our people
What is F4 Capability?
Equips us with the tools to perform in our roles. Development plans basically
What is F5 Performance Management Framework?
Enable us to have meaningful conversations about our performance, contribution and ongoing development
What are Our Values?
PRIMED
Professionalism
Respect
Integrity
Commitment to Maori and the Treaty
Empathy
Valuing Diversity
What is the rule of law?
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
This means Police apply the law evenly to all people and uphold rights for all
What are the functions of Police as defined under S9 of the Policing Act?
- Keeping the peace
- Maintaining public safety
- Law enforcement
- Crime prevention
- Community support and reassurance
- National security
- Participation in policing activities outside of New Zealand
- Emergency management
What is the Code of Conduct?
The duty of every Police employee to conduct themselves in accordance with the Code of Conduct, both on and off duty. Also applies overseas and when working for the United Nations
Who must a Police employee obey a lawful order from?
- A supervisor
- In the absence of a supervisor the Police employee next in level of position
- If everyone’s equal then the longest serving Police employee
No Police employee may act under the direction of a Minister of the Crown or any other person (unless on an overseas operation under another jurisdiction eg an AFP led operation)
When do you have the authority to use all the powers of a higher rank?
If you have been specifically delegated them under S63 Policing Act
What is Kia Tu
The new speak up
- Leaders must monitor your workplace for any unacceptable behaviour
- Address any issues at the earliest opportunity so they don’t grow
- Promote a positive open culture
- Formally report any serious concerns
- Ensure that staff are aware of the policy and make any considerations as appropriate
- Manage conflicts of interest
How can our people address unacceptable behaviour?
- Address it themselves
- Address it with support
- Raise it with their manager
- Report through Kia Tu portal (online or phone)
How should employees report unacceptable behaviour if they don’t feel comfortable reporting it to their supervisor?
- Report higher up the chain
- Direct to the Prof Conduct Manager
- Area/District Commander
- Direct to IPCA
What is a “Protected Disclosure”?
Whistleblowers Act. Protection for employees who disclose information about serious wrongdoing within their organisation. Immune from criminal, civil or disciplinary proceedings
What things must you notify your supervisor of in relation to integrity reporting?
- Any charges faced in Court
- An infringement notice for EBA
- A suspension of driver license
- An infringement notice for speed over 40km/h
- Becoming a respondent of a Protection Order
- Any charge or infringement that could lead to a drivers license suspension
Any supervisor that receives an integrity report must forward it through to the Prof Conduct Manager
What is S13 of the IPCA Act?
Police must notify the IPCA in writing as soon as practicable when a Police officer, in the execution of their duty, appears to have caused death or serious bodily injury to any person.
Serious bodily injury is anything that results in Hospital admission (excluding ED treatment only)
What is S15 of the IPCA Act?
Police must notify the IPCA of every complaint that it receives, as soon as practicable but no later than 5 working days from receiving the complaint
What other incidents will Police proactively notify the IPCA of under the MOU?
- Any matter involving criminal offending or serious misconduct by Police
- An incident where a Police employee has intentionally discharged a firearm
- Any matter where there has been adverse judicial comment against a Police employee or Police practice/policy/procedure
- Any incident involving attempted self harm or suicide in Police custody
- Any unintentional dog bite involving a member of the public
- Any matter that may undermine trust and confidence in Police
What are the key principles of Police investigations of complaints and notifiable incidents?
- Ensure that complaints are investigated in a timely, fair and effective manner
- To ensure that all reasonable steps are taken to investigate complaints and notifiable incidents
- To ensure that complaints and notifiable incidents are investigated in line with good practice, 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 those allegations
What does the IPCA do when it receives notice of a complaint or notifiable incident?
- Categorises the incident
- Advises the Director: Integrity and Conduct if evidence gained during an incident indicates that a matter should be re-categorised and reaches agreement
- May make a request for further information to assist in categorising the matter
What are the categories of investigations used by the IPCA?
Category A - Serious complaints that the IPCA may conduct their own investigation
Category B - Serious or significant complaints that Police investigate with IPCA oversight and a full file review by the IPCA at the conclusion of the investigation
Category C - Matters considered by the IPCA as appropriate for facilitated case resolution. Referred to Police for conciliation with the complainant and investigation as necessary
Category D - Minor and require no further action by the IPCA however Police may need to assess the alleged behaviour for any learnings to improve Police service
The IPCA may also group a number of complaints together to release a thematic report about an issue
What should you do if you receive an expression of dissatisfaction rather than a complaint?
Make every effort, without delay, to resolve the matter to the satisfaction of the inquirer by way of explanation
What should you do if a complaint is made to you orally?
Summarise the complaint in writing and get the complainant to sign it
What should you do if a person reports to the front counter with a complaint?
Summarise the complaint in writing and get the complainant to sign it. Don’t duckshove it
What should you do if a person reports to the front counter with a complaint however it relates to you and no one else is available?
Record the complainants details and submit a brief report to the District Prof Conduct Manager or District Commander who will arrange for independent follow up
What should you do if a complainant is reluctant to come to a Police Station to make a complaint?
You must advise them that arrangements can be made for them to be interviewed elsewhere
What should you do if a complainant wishes to make a complaint with their friend/lawyer etc present?
You must facilitate that request
What should you do if a complaint is made on behalf of another person?
You should see the actual person to ascertain their allegations and their wish for an investigation. If made by a lawyer you should make arrangements to interview the person through their lawyer
What should you do if a complaint is made by a person in Police custody?
You must ensure that questioning directly relates to the matters concerning the allegation. You should allow their lawyer to be present
Once you’ve received a complaint where does it go?
Your supervisor. They will
- Issue appropriate instructrions if the matter requires early attention
- Refer the file to the District Prof Conduct Manager who will notify the Director: Integrity and Conduct
Who is the sole point of contact between IPCA and Police?
Director: Integrity and Conduct
What complaints must be notified to the Commissioner ASAP?
A complaint or issue of such significance that it is likely to put Polices reputation at risk.
Notified through the District Prof Conduct Manager
Eg
- Complaints likely to generate significant media interest
- Complaints that wouldn;t otherwise be serious but involve an Inspector or above
- Any complaint of a sexual nature
What is the process for a complaint investigation?
- Assess criminal liability
- Assess code of conduct liability
- Document and report findings including recommendations
- Consider Prosecution Guidelines
- Have any decision around filing charges independently reviewed
- Have any recommendations around disciplinary proceedings reviewed by HR Manager and Prof Conduct Manager
- Independent investigators from out of District report to District Commander. Terms of reference must be set for out of District investigators
Prior to any major decisions (eg arrest or charge) the District Commander must be consulted
Who has overall responsibility for managing investigations into notifiable incidents or complaints against Police Staff?
District Commander
When must investigation updates be provided to the Director: Integrity and Conduct?
Monthly for standard, weekly if subject to Commissioner notification
Update must provide status of the investigation, any significant developments, timeline to complete and outstanding tasks.
If the Director has any issues with the investigation they must escalate to the Executive level
What is a conflict of interest?
A conflict between a public duty and private/personal interests (real or perceived)
What are the types of conflicts of interest?
Actual conflict of interest - Conflict between official duties and other interest that could impact on our ability to be independent
Perceived conflict of interest - Perception from outside observers that our interests may interfere with our ability to be impartial
Potential conflict of interest - A situation where other interest may impact on our ability to be impartial in the future
How do you manage a conflict of interest?
- Avoid it if possible
- Declare any conflicts/potential conflicts
- Advise supervisor and defer to another employee
What is your role as a supervisor in relation to employee conflicts of interest?
- Determine whether the conflict can be managed
Management may be
- Noting it only
- Obtaining agreement of participating parties about the participation of the conflicted employee
- Imposing additional oversight
- Reassigning work to another employee, workgroup or District
- Getting that employee to step back from the role causing the conflict
Management plans can take a heap of forms but the important bit is that they are documented
How do we manage professional boundries?
- Take responsibility for maintaining them
- Document all contact in NIA
- Involve a support person
- Do not allow contact outside work hours
- Keep colleagues/supervisors informed of meetings
- Raise concerns
Talk to your supervisor ASAP
