STRATEGIC AWARENESS: Policing Act 2008

Question 1

Policing Act 2008.

Outline the 8 functions of Police under S9.

Answer 1

1. Keeping the peace
2. Maintaining public safety
3. Law enforcement
4. Crime prevention
5. Community support and reassurance
6. National security
7. Participation in policing activities outside of NZ
8. Emergency Management.

Question 2

Policing Act 2008.

S10 Roles of other acknowledged. What does S10 (1) (a)(b) (c) state? What does S10( 2) state?

Answer 2

(1) It is acknowledged that important and valuable roles in the performance of the functions of the Police are played by:
(a) public agencies or bodies
(b) the holders of certain statutory offices (i.e. Maori wardens}.
(c) parts of the private sector.
(2) It is acknowledged that it is often appropriate, or necessary, for the Police to perform some of its functions in co-operation with individual citizens, or agencies or bodies other than the Police.

Question 3

Policing Act 2008.

S16 - Responsibilities and independence of the Commissioner. S16(1) What is the Commissioner responsible to the minister for? (5)

Answer 3

1. Carrying out the functions and duties of the Police.
2. The General Conduct of the Police.
3. The effective, efficient, and economical management of the Police.
4. Tendering advice to the Minister and other Ministers of the Crown.
5. Giving effect to any lawful ministerial directions.

Question 4

Policing Act 2008.

S16(2) The Commissioner is not responsible to, and must act independently of, any Minister of the Crown regarding what? (4)

Answer 4

1. The maintenance of order in relation to any individual or group of individuals.
2. The enforcement of the law in relation to any individual or group of individuals.
3. The investigation and prosecution of offences.
4. Decisions about individual Police employees.

Question 5

Policing Act 2008.

30(1) Every Police employee must obey and be guided by? (3)

Answer 5

1. General Instructions
2. The Commissioner’s circulars
3. Any applicable local orders.

Question 6

Policing Act 2008.

s30(2) Every Police Officer must obey the lawful commands of who?

Answer 6

A Supervisor.

Question 7

Policing Act 2008.

s30(3) In the absence of a supervisor, the supervisor’s authority and responsibility devolves on to who? (2)

Answer 7

1. The police employee available who is next in level of position AND
2. In the case of equality, the longest serving Police employee.

Question 8

Policing Act 2008.

1. s30(4) No Police employee may, when exercising any power or carrying out any function or duty, act under the direction, control, or command of who? (2)
2. s30(4) does not apply to a Police employee outside NZ who is what? (2)

Answer 8

1. A Minister of the Crown;
2. A person who is not authorised under this Act or any other enactment or rule of law to direct, command, or control the actions of a Police employee.
3. Is part of an overseas operation within S86; or is an employee within s91.

Question 9

Policing Act 2008.

S63(1) (a) (b) Where there is an absence or a vacancy in a particular role the Commissioner may what? (2)

Answer 9

1. Appoint an employee to temporarily fill a higher level of position; or
2. 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 the employees own level of position.