New Zealand Acts

POLICING ACT 2008

- As at 8 December 2009
- Act 72 of 2009

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purpose
   4.      Interpretation
   5.      Status of examples
   6.      Act binds the Crown

   PART 2 - Organisation and governance

           SUBPART 1 - New Zealand Police, principles, functions, and roles of others

   7.      New Zealand Police
   8.      Principles
   9.      Functions of Police
   10.     Roles of others acknowledged
   11.     Effect of sections 8 to 10

           SUBPART 2 - Commissioner, Deputy Commissioners, and acting Commissioner

   12.     Appointment of Commissioner
   13.     Appointment of Deputy Commissioners
   14.     Appointment process
   15.     Appointment of acting Commissioner
   16.     Responsibilities and independence of Commissioner
   17.     Delegation of powers, functions, or duties of Commissioner

           SUBPART 3 - Police employees

   18.     Commissioner may appoint Police employees
   19.     Undertaking by new Police employees
   20.     Code of conduct
   21.     Form of, and communication of, code of conduct
   22.     Police employee becomes constable by taking constable's oath
   23.     Further provisions relating to constables
   24.     Authorised officers
   25.     Powers conferred on Police employee authorised to perform policing role
   26.     Provisions relating to powers conferred on authorised officers
   27.     Power to amend Schedule 1 by Order in Council

           SUBPART 4 - General instructions

   28.     General instructions
   29.     Communication of general instructions

           SUBPART 5 - Command and control of Police

   30.     Command and control
   31.     Commissioner may take charge of policing operation

   PART 3 - Powers, operations, and offences

   32.     Identifying particulars of person in custody
   33.     Identifying particulars for summons
   34.     Storage, etc, of identifying particulars on Police information recording system
   35.     Temporary closing of roads
   36.     Care and protection of intoxicated people
   37.     General searches of people in custody
   38.     Searchers
   39.     Property taken from people in custody
   40.     District Court Judge may determine title to certain property
   41.     Unclaimed property
   42.     Unclaimed money, and proceeds of sale of unclaimed property
   43.     Execution of court processes
   44.     Protection of Police employees acting under court processes
   45.     Police employee may appear in Court by another employee
   46.     Police dogs may accompany Police dog handlers
   47.     Gaining employment with Police by false representations
   48.     Personation and representing vehicle, etc, as Police vehicle
   49.     Use of term Police or New Zealand Police in operating name
   50.     Unlawful possession of Police property
   51.     Failing to help Police employee
   52.     Unlawful dealings with prisoners
   53.     Killing or injuring Police dogs
   54.     Offences triable summarily

   PART 4 - Provisions relating to employment of Police employees

   55.     Interpretation
   56.     Application of Employment Relations Act 2000
   57.     Application of Privacy Act 1993 to assessment for suitability for employment
   58.     Employment principles
   59.     Appointments on merit
   60.     Obligation to notify vacancies
   61.     Obligation to notify appointments
   62.     Review of appointments
   63.     Acting appointments
   64.     Power to transfer employees within Police
   65.     Power to temporarily assign, second, and locate employees and other persons within Police
   66.     Consultation with, and participation by, State Services Commissioner
   67.     Referral of negotiations for terms and conditions of employment applying to constables to arbitration procedure
   68.     State services superannuation schemes
   69.     Unlawful strikes and lockouts involving constables
   70.     Suspension or removal of Police employees
   71.     Removal from employment of person convicted of gaining employment with Police by false representations
   72.     Commissioner to prescribe health standards
   73.     Form of, and communication of, health standards
   74.     Commissioner may require employee to leave Police due to incapacity
   75.     When employee required to leave Police ceases to be employee
   76.     Leaving Police voluntarily due to incapacity
   77.     Commissioner must consult Government Superannuation Fund, etc, before nominating health practitioners if employee is member of scheme
   78.     Entitlement to allowances, etc
   79.     Restriction on resignation by constable

   PART 5 - Biometric information, international policing, and other miscellaneous provisions

           SUBPART 1 - Biometric information relating to prospective Police employees, Police employees, and certain associates

   80.     Interpretation
   81.     Prospective Police employees may be required to provide bodily sample and biometric information
   82.     Police employees and associates may voluntarily provide bodily sample and biometric information
   83.     Use of staff biometric information restricted
   84.     Sample to be destroyed once profile derived and stored
   85.     Staff biometric information to be deleted or destroyed if prospective employee not employed, or subject asks

           SUBPART 2 - International policing

   86.     Interpretation
   87.     Jurisdiction over Police and civilian employees overseas
   88.     Powers of arrest and detention
   89.     Breach of code of conduct
   90.     Saving of jurisdiction
   91.     Interpretation and application
   92.     Trial in New Zealand for crimes committed outside New Zealand
   93.     Arrest and detention of offender
   94.     Breach of code of conduct
   95.     Saving of jurisdiction

           SUBPART 3 - Miscellaneous provisions

   96.     Evidence of Police identity and authority
   97.     When policing powers cease
   98.     Evidentiary provisions
   99.     Police involvement in elections
   100.    Scope of review by State Services Commissioner
   101.    Annual report
   102.    Regulations
   103.    Disciplinary matters
   104.    Agreements under section 67 of Police Act 1958
   105.    Collective agreements under section 75 of Police Act 1958
   106.    Individual employment agreements
   107.    Continuation of process for agreement underway under section 67 of Police Act 1958
   108.    Existing members of Police to be treated as Police employees
   109.    Existing members of Police authorised under section 6(2) of Police Act 1958
   110.    Pensions in respect of death or disablement
   111.    Identity cards
   112.    Delegations by Commissioner
   113.    Appointments and authorisations by Commissioner under section 13 of Police Act 1958
   114.    Police crest and badge
   115.    Sitting members of local authorities
           Note
   115A.   Validation of constable's oaths
   116.    Terms relating to Police in other enactments
   117.    References to constables in other enactments
   118.    Amendments to District Courts Act 1947
   119.    Amendments to Employment Relations Act 2000
   120.    New sections 100F and 100G inserted
   121.    Schedule 1 amended
   122.    New Schedule 1C inserted
   123.    Amendment to Criminal Records (Clean Slate) Act 2004
   124.    Amendments to Land Transport Act 1998
   125.    Amendment to State Sector Act 1988
   126.    Amendment to Summary Offences Act 1981
   127.    Interpretation
   128.    Resisting Police, prison, or traffic officer
   129.    Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
   130.    Consequential amendments and repeals
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6