Policing Act 2008

1: Title
This Act is the Policing Act 2008.
2: Commencement
1: Section 130(2)
2: The rest of this Act comes into force on 1 October 2008.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to provide for policing services in New Zealand, and to state the functions and provide for the governance and administration of the New Zealand Police.
4: Interpretation
In this Act, unless the context otherwise requires,— authorised officer section 24 Commissioner section 12 confidential Police document
a: contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and
b: is produced by any Police employee constable
a: holds the office of constable (whether appointed as a constable under the Police Act 1958
b: includes a constable who holds any level of position within the New Zealand Police court process criminal court process a Registrar of the District Court in its criminal jurisdiction Deputy Commissioner section 13 general instructions section 28 health practitioner Health Practitioners Competence Assurance Act 2003 Judge judicial officer medical practitioner section 114(1)(a) Minister Police section 7(1) Police article Police dog
a: undergoing or has successfully completed a course of instruction at the Police Dog Training Centre; and
b: being used for police duties Police dog handler Police employee section 18 Part 4 Police property
a: means property used by, or in the possession or under the control of, the Police (whether belonging to the Crown or not); and
b: includes a confidential Police document or copy of that document Police uniform
a: is issued by the Commissioner to be worn by Police employees while on duty; and
b: has a colour scheme, pattern, or style that enables the person wearing it to be readily identifiable as a Police employee policing
a: means the performance by the Police of any of its functions; and
b: includes the exercise by Police employees of powers that they have because they are constables or authorised officers (whether the powers are statutory or given by the common law) State services superannuation scheme
a: established under clause 13(a)
b: arranged under clause 13(b) or (c) supervisor
a: a Police employee who holds a supervisory position in relation to that Police employee; and
b: includes a Police employee who is nominated by a supervisor to be acting supervisor of that employee. Section 4 criminal court process amended 1 March 2017 section 261 District Court Act 2016 Section 4 State services superannuation scheme amended 7 August 2020 section 135 Public Service Act 2020 Section 4 State services superannuation scheme amended 7 August 2020 section 135 Public Service Act 2020
5: Status of examples
In this Act, an example is only illustrative of the provision it relates to and does not limit the provision.
6: Act binds the Crown
This Act binds the Crown.
2: Organisation and governance
1: New Zealand Police, principles, functions, and roles of others
7: New Zealand Police
1: There continues to be an instrument of the Crown known as the New Zealand Police.
2: The New Zealand Police is the same organisation as that—
a: established as the Police Force under the Police Force Act 1886; and
b: continued in existence as the Police Force under the Police Force Act 1908, the Police Force Act 1913, and the Police Force Act 1947; and
c: continued in existence as the New Zealand Police under the Police Act 1958
d: existing immediately before the commencement of this Act.
8: Principles
This Act is based on the following principles:
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.
9: Functions of Police
The functions of the Police include—
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.
10: Roles of others acknowledged
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 (for example, certain departments of State, and local authorities); and
b: the holders of certain statutory offices (for example, Māori wardens); and
c: parts of the private sector (for example, the private security industry).
2: It is also 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.
11: Effect of sections 8 to 10
Nothing in sections 8 to 10
a: imposes particular duties on, or gives particular powers to, the Police, the Commissioner, any Police employee, or the Minister; or
b: affects the powers, functions, or duties of any agency other than the Police, or any person who is not the Commissioner, a Police employee, or the Minister.
2: Commissioner, Deputy Commissioners, and acting Commissioner
12: Appointment of Commissioner
1: The Governor-General may, on the recommendation of the Prime Minister, appoint a fit and proper person as the Commissioner of Police for a term not exceeding 5 years.
2: The Commissioner holds office at the pleasure of the Governor-General.
3: A person who holds office as a constable when appointed Commissioner continues to hold the office of constable while he or she is Commissioner. 1958 No 109 s 3
13: Appointment of Deputy Commissioners
1: The Governor-General may, on the recommendation of the Prime Minister, appoint 1 or more fit and proper people as Deputy Commissioners of Police for a term not exceeding 5 years.
2: A Deputy Commissioner holds office at the pleasure of the Governor-General.
3: A person who holds office as a constable when appointed a Deputy Commissioner continues to hold the office of constable while he or she is a Deputy Commissioner. 1958 No 109 s 4
14: Appointment process
The Public Service Commissioner
a: is responsible for managing the process for the appointment of the Commissioner and any Deputy Commissioners:
b: must provide advice on nominations for Commissioner and any Deputy Commissioners to the Prime Minister and the Minister. Section 14 amended 7 August 2020 section 135 Public Service Act 2020
15: Appointment of acting Commissioner
1: In the event of the Commissioner’s incapacity because of illness, absence, or any other cause,—
a: the Governor-General may, on the recommendation of the Prime Minister, appoint an acting Commissioner for any specified period; and
b: until that appointment, the longest serving Deputy Commissioner is deemed to be appointed acting Commissioner.
2: The acting Commissioner has all the powers, functions, duties, and responsibilities of the Commissioner.
3: No appointment under subsection (1), and no act by a person appointed under subsection (1), may be questioned on the ground that the occasion for the person’s appointment had not arisen or had ceased. 1958 No 109 s 4(5), (6)
16: Responsibilities and independence of Commissioner
1: The Commissioner is responsible to the Minister for—
a: carrying out the functions and duties of the Police; and
b: the general conduct of the Police; and
c: the effective, efficient, and economical management of the Police; and
d: tendering advice to the Minister and other Ministers of the Crown; and
e: giving effect to any lawful ministerial directions.
2: The Commissioner is not responsible to, and must act independently of, any Minister of the Crown (including any person acting on the instruction of a Minister of the Crown) regarding—
a: the maintenance of order in relation to any individual or group of individuals; and
b: the enforcement of the law in relation to any individual or group of individuals; and
c: the investigation and prosecution of offences; and
d: decisions about individual Police employees. SR 1992/14 r 3
17: Delegation of powers, functions, or duties of Commissioner
1: The Commissioner may, as he or she thinks fit, delegate to any person any of his or her powers, functions, or duties under this Act or any other enactment.
2: A delegation under subsection (1)—
a: may be made subject to any conditions or restrictions that the Commissioner thinks appropriate, including any factors that must be taken into account when the delegation is exercised:
b: may be made generally or in any particular case:
c: is revocable at will:
d: does not prevent the Commissioner from exercising any power, or carrying out any function or duty:
e: does not affect the responsibility of the Commissioner for the actions of any person acting under delegation.
3: A person who is delegated any powers, functions, or duties under subsection (1)—
a: may, with the prior written approval of the Commissioner, delegate those powers, functions, or duties to any other person:
b: may, subject to any conditions or restrictions, exercise those powers, functions, or duties in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
4: Every person purporting to act under any delegation under subsection (1) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. 1958 No 109 ss 4(4) 55A 1988 No 20 s 41
3: Police employees
Appointment of Police employees
18: Commissioner may appoint Police employees
1: The Commissioner may from time to time appoint the people that the Commissioner thinks necessary for the efficient exercise and performance of the powers, functions, and duties of the Police.
2: The power conferred by subsection (1) includes power to appoint people on an acting, temporary, or casual basis or for any period that the Commissioner and the employee agree.
3: The Commissioner may assign to a Police employee any level of position that the Commissioner considers appropriate.
4: Unless expressly provided to the contrary in this Act, the Commissioner has all of the rights, duties, and powers of an employer in respect of Police employees. 1958 No 109 s 5(1), (2), (4), (5) Standards of behaviour for Police employees
19: Undertaking by new Police employees
1: A new Police employee, before beginning his or her duties, must give a solemn undertaking that he or she will faithfully and honestly perform his or her duties as a Police employee.
2: The undertaking—
a: must be given before the employee’s supervisor; and
b: may be recorded in any manner that the Commissioner determines from time to time.
20: Code of conduct
1: The Commissioner must prescribe a code of conduct for Police employees, stating the standards of behaviour expected from Police employees.
2: It is the duty of every Police employee to conduct himself or herself in accordance with the code of conduct.
21: Form of, and communication of, code of conduct
1: The code of conduct under section 20
2: Even if the code of conduct is not issued as a general instruction, section 29 Appointment of constables
22: Police employee becomes constable by taking constable's oath
1: A Police employee may become a constable only by taking the constable's oath, in either of the following forms, before the Commissioner or a person authorised by the Commissioner to administer the constable's oath: “ English form “I, [ name or specify the name of the reigning Sovereign or or “Māori form “Tēnei au, a [ ingoa tohua te ingoa o te Arikinui kei runga i te torona rānei
2: Before administering the constable's oath under this section, the Commissioner or person authorised by the Commissioner to administer the oath must be satisfied that the Police employee is—
a: adequately trained to exercise the powers of a constable; and
b: capable of exercising the powers of a constable. 1958 No 109 s 37(1) Section 22(1) editorial changes 29 October 2024 sections 86(1) 87(d) and (q) Legislation Act 2019
23: Further provisions relating to constables
1: Nothing in section 18(4)
2: The Commissioner and a constable may agree that the constable will cease to hold the office of constable.
3: Subsection (2) does not limit the circumstances in which a constable may cease to hold the office of constable.
4: If a person ceases to hold the office of constable, that does not, of itself, mean that the person is no longer a Police employee.
5: A person ceases to hold the office of constable if for any reason the person ceases to be a Police employee. 1958 No 109 s 5(1), (3), (6) Authorised officers
24: Authorised officers
1: The Commissioner may, by warrant, authorise a Police employee in either or both of the following ways:
a: authorise the employee to exercise any particular power of a constable under any enactment other than this Act, except the power to arrest or search any person:
b: authorise the employee to perform 1 or more particular policing roles set out in Schedule 1
2: Before authorising a Police employee under subsection (1), the Commissioner must be satisfied that the person is—
a: adequately trained to exercise the power to be conferred or the role to be performed, or both, as the case may be; and
b: capable of exercising that power or carrying out the role, or both, as the case may be.
3: The Commissioner may at any time, by written notice to a person authorised under subsection (1), withdraw the authorisation by withdrawing the warrant. 1958 No 109 s 6(2)
25: Powers conferred on Police employee authorised to perform policing role
A Police employee authorised under section 24(1)(b) Schedule 1
26: Provisions relating to powers conferred on authorised officers
If an authorised officer is, under section 24(1)(a) section 25 Schedule 1
a: any ancillary or incidental powers that a constable would have under any enactment or rule of law:
b: any requirements under any enactment or rule of law that would apply in relation to the doing of that thing by a constable:
c: any protections from liability that a constable would have under any enactment or rule of law.
27: Power to amend Schedule 1 by Order in Council
1: The Governor-General may by Order in Council on the recommendation of the Minister, amend Schedule 1
a: add to, omit from, or otherwise amend any power specified in relation to any particular policing role:
b: add a new policing role and specify powers in relation to it:
c: omit a specified policing role.
2: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
3:
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 27(4) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
27A: Orders are confirmable instruments
Section 27A repealed 28 October 2021 section 3 Secondary Legislation Act 2021
4: General instructions
28: General instructions
1: The Commissioner may issue general instructions for Police employees.
2: A general instruction has no effect to the extent that it is inconsistent with this Act or any regulations made under it.
3: A general instruction remains in force until cancelled by the Commissioner.
4: If there is any inconsistency between general instructions and the provisions of any manual or circular issued under the Commissioner’s authority, or any local order, the general instructions prevail. 1958 No 109 s 30(1), (1A), (2)
29: Communication of general instructions
1: The Commissioner must take reasonable steps to ensure that all general instructions are communicated to all Police employees.
2: A general instruction is taken to have been communicated to a Police employee when the instruction has been—
a: published in a magazine that is published under the authority of the Commissioner and distributed to all Police employees; or
b: brought to the personal notice of a Police employee.
3: Any communication referred to in subsection (2)(a) or (b) may be made in 1 or more of the following ways:
a: electronic communication (for example, by electronic mail):
b: in non-electronic form (for example, by distributing the publication in a paper-based format):
c: by distribution by any other form of technology that allows the dissemination of the material in question to Police employees. 1958 No 109 s 30(3), (4)
5: Command and control of Police
30: Command and control
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
b: a person who is not authorised by or under this Act or any other enactment or rule of law to direct, command, or control the actions of a Police employee.
5: Subsection (4) does not apply to a Police employee outside New Zealand who—
a: is part of an overseas operation within the meaning of section 86
b: is an employee within the meaning of section 91 SR 1992/14 r 5
31: Commissioner may take charge of policing operation
1: The Commissioner may at any time take charge of, or appoint a Police employee to take charge of, a policing operation.
2: The Commissioner may relieve a Police employee in charge of a policing operation if the Commissioner considers it necessary for the effective and efficient exercise of the powers, functions, and duties of the Police.
3: In this section, policing operation
3: Powers, operations, and offences
Identification of people detained by Police
32: Identifying particulars of person in custody
1: The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.
2: For the purpose of this section, a constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence and is—
a: at a Police station; or
b: at any other place being used for Police purposes.
3: A constable—
a: must take the person's identifying particulars in a manner that is reasonable in the circumstances; and
b: may only use reasonable force that may be necessary to secure the person's identifying particulars.
4: A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—
a: commits an offence; and
b: is liable on conviction
5: In this section and section 33 identifying particulars
a: the person's biographical details (for example, the person's name, address, and date of birth):
b: the person's photograph or visual image:
c: impressions of the person's fingerprints, palm-prints, or footprints place 1958 No 109 s 57(1), (2) Section 32(4)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
33: Identifying particulars for summons
1: The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.
2: For the purpose of this section, a constable who has good cause to suspect a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of summons, may detain that person at any place—
a: in order to take the person's identifying particulars; and
b: only for the period necessary to take the person's identifying particulars.
3: A constable—
a: must take the person's identifying particulars in a manner that is reasonable in the circumstances; and
b: may only use reasonable force that may be necessary to secure the person's identifying particulars.
4: A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—
a: commits an offence; and
b: is liable on conviction 1958 No 109 s 44E Section 33(4)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
34: Storage, etc, on Police information recording system of identifying particulars
1: The identifying particulars of a person that are obtained under section 32 33
2: But photographs or visual images of a person, and impressions of a person's fingerprints, palm-prints, or footprints, that are obtained under section 32 33
a: a decision is made not to commence criminal prosecution proceedings against the person in respect of the offence for which the particulars were taken; or
b: criminal prosecution proceedings that are commenced against the person in respect of the offence for which the particulars were taken are completed with an outcome (for example, an acquittal) that is not an outcome (specified in section 34A
3: In this section and section 34A criminal prosecution proceedings
a: commenced against the person in respect of that offence or offences including that offence under the Criminal Procedure Act 2011 section 2(1) Oranga Tamariki Act 1989
b: some or all of which (for example, any pre-trial the District Court, the High Court, or the Youth Court the offence for which the particulars were taken 1958 No 109 s 57(3) Section 34 substituted 30 August 2011 section 6 Policing (Storage of Youth Identifying Particulars) Amendment Act 2011 Section 34(3) criminal prosecution proceedings amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 34(3) criminal prosecution proceedings amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 34(3) criminal prosecution proceedings amended 1 March 2017 section 261 District Court Act 2016 Section 34(3) criminal prosecution proceedings amended 1 July 2013 section 413 Criminal Procedure Act 2011
34A: Outcomes authorising continued storage of certain particulars
The outcomes mentioned in section 34(2)(b)
a: the person admits to, and completes a programme of diversion (being a programme conducted by the Police) for, the offence for which the particulars were taken:
b: the person is convicted of the offence for which the particulars were taken (for example, by virtue of the District Court the Youth Court section 283(o) Oranga Tamariki Act 1989
c: the Youth Court makes an order under any of paragraphs (a) to (n) of section 283 Oranga Tamariki Act 1989
d: the person is discharged under section 106 Section 34A inserted 30 August 2011 section 6 Policing (Storage of Youth Identifying Particulars) Amendment Act 2011 Section 34A(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 34A(b) amended 1 March 2017 section 261 District Court Act 2016 Section 34A(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Other Police powers
35: Temporary closing of roads
1: A constable may temporarily close to traffic any road, or part of a road, leading to or from or in the vicinity of a place, if the constable has reasonable cause to believe that—
a: public disorder exists or is imminent at or near that place; or
b: danger to a member of the public exists or may reasonably be expected at or near that place; or
c: an offence punishable by 10 or more years' imprisonment has been committed or discovered at or near that place.
2: In this section,— road section 315(1)
a: a motorway within the meaning of section 2 of the Transit New Zealand Act 1989
b: a private road within the meaning of section 315(1)
c: a private way within the meaning of section 315(1) temporarily traffic 1974 No 66 s 342A Section 35(1)(c) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
36: Care and protection of intoxicated people
1: A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—
a: the constable reasonably believes that the person is—
i: incapable of protecting himself or herself from physical harm; or
ii: likely to cause physical harm to another person; or
iii: likely to cause significant damage to any property; and
b: the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by—
i: taking the person to his or her place of residence; or
ii: taking the person to a temporary shelter.
2: A person detained under subsection (1)—
a: must be released as soon as the person ceases to be intoxicated:
b: must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.
3: A health practitioner must not recommend the further detention of a person detained under subsection (1) unless the health practitioner satisfies himself or herself that—
a: the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and
b: the person does not have health needs that may require medical attention; and
c: it is not reasonably practicable to provide for the person’s continuing care and protection by—
i: taking the person to his or her place of residence; or
ii: taking the person to a temporary shelter.
4: In this section,— intoxicated temporary shelter
5: Section 31 1966 No 97 ss 37A 38 1992 No 46 s 122A Searches of people in custody
37: General searches of people in custody
Section 37 repealed 1 October 2012 section 336(2) Search and Surveillance Act 2012
38: Searchers
Section 38 repealed 1 October 2012 section 336(2) Search and Surveillance Act 2012
39: Property taken from people in custody
Section 39 repealed 1 October 2012 section 336(2) Search and Surveillance Act 2012
40: District Court Judge may determine title to certain property
1: This section applies to property if—
a: it is in the possession of a Police employee; and
b: it is not property distrained under the warrant of a judicial officer; and
c: there is doubt whether a person claiming it, or which of 2 or more persons claiming it, is entitled to its possession.
2: If this section applies to property, a District Court Judge, on the application of any Police employee, or of a claimant to it,—
a: may make an order for its delivery to any person appearing to the District Court Judge to be its owner, or entitled to its possession; or
b: if the owner or person entitled to possession cannot be found, may make any order with respect to its possession the Judge thinks fit.
3: An application under this section must be made by originating application to the District Court
4: If, after the making of an order under subsection (2) in relation to any property, an action is commenced against a Police employee or the Crown for the recovery of the property or its value, evidence of the order, and the delivery of the property in accordance with the order,—
a: may be given and must be received by the court concerned; and
b: if given, is a complete defence to the action.
5: However, no such order or delivery affects the right of any persons entitled by law to possession of the property to recover the property. 1958 No 109 s 58 Section 40(3) amended 1 March 2017 section 261 District Court Act 2016
41: Unclaimed property
1: Except as provided in subsections (4) and (5), property that has come into the possession of a Police employee as a consequence of being lost or found, and is not claimed after being held for 6 weeks or more, may
2: The auction may be held—
a: at premises open to the public; or
b: through the Internet, using a website established by the Commissioner or through a website provided by any other operator of an on-line auction service authorised for the purpose by the Commissioner; or
c: in any other way the Commissioner considers will give the public a reasonable opportunity to bid for the property.
3: Property may not be sold under subsection (1) unless a notice of its proposed sale has earlier been published in a newspaper circulating in the district in which the sale is to be held, or on a website authorised for the purpose by the Commissioner.
4: Perishable property may be sold at any time and in any manner the Commissioner directs.
5: The following types of property (whether perishable or not) may be destroyed or given away:
a: property that has no monetary value or only negligible monetary value:
b: property that it is not appropriate or practicable to sell.
6: 1958 No 109 s 59(1), (4) Section 41(1) amended 8 September 2018 section 76(1) Statutes Amendment Act 2018 Section 41(5) replaced 8 September 2018 section 76(2) Statutes Amendment Act 2018 Section 41(6) repealed 18 December 2013 section 27 Auctioneers Act 2013
42: Unclaimed money, and proceeds of sale of unclaimed property
1: Any money that has come into the possession of a Police employee in the course of duty, and is unclaimed, must be paid into a Crown Bank Account.
2: The proceeds of every sale under section 41
a: advertising and conducting the sale; and
b: storing, transporting, testing, or otherwise preparing the goods for sale. 1958 No 109 s 59(2), (3) Operational provisions
43: Execution of court processes
1: Every constable must obey and execute all lawful criminal court processes.
2: A court process directed to one constable may be executed by another constable and his or her assistants.
3: A constable has the same rights, powers, and authorities for and in the execution of a court process directed to another constable as if the process had been originally directed to him or her expressly by name.
4: A constable may arrest a person for whose arrest an unexecuted court process has been issued even if the constable does not have the process in his or her possession. 1958 No 109 s 38
44: Protection of Police employees acting under court processes
1: A Police employee acting under a court process is not responsible for any irregularity, or any lack of jurisdiction, in its issuing.
2: This subsection applies to an action if—
a: it is an action against a Police employee in respect of acts done in obedience to a court process; and
b: the process is produced; and
c: it is proved that—
i: the process was issued out of a Court; or
ii: the signature on the process is in the handwriting of the person whose name appears on it, and that the person is reputed to be and acts as a judicial officer, or Registrar or Deputy Registrar of a Court; and
d: it is proved that the acts were done in obedience to the process.
3: If subsection (2) applies to an action,—
a: the Court trying it must enter a verdict for the Police employee concerned; and
b: the employee may recover his or her costs.
4: In this section, court process section 88AA 98 1958 No 109 s 39 Section 44(4) amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011
45: Police employee may appear in Court by another employee
A Police employee who is to appear (otherwise than as a witness) in the execution of his or her duty may appear by another Police employee in any proceedings—
a: in the District Court
b: before the Alcohol Regulatory and Licensing Authority, a licensing committee 1958 No 109 s 40 Section 45(a) amended 1 March 2017 section 261 District Court Act 2016 Section 45(b) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
46: Police dogs may accompany Police dog handlers
Despite any other enactment or rule of law,—
a: a Police dog under the control of a Police dog handler may enter and be on any place that the Police dog handler may in the course of Police duties lawfully enter or be on:
b: neither the Commissioner nor a Police dog handler in charge of a Police dog is liable in any way by reason only of a Police dog’s having entered or been on any place under paragraph (a). 1958 No 109 s 44A Offences
47: Gaining employment with Police by false representations
1: A person commits an offence who, for the purpose of gaining employment with the Police, intentionally submits false or forged documents or makes false representations when applying for employment.
2: A person who commits an offence against this section is liable on conviction 1958 No 109 s 49 Section 47(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
48: Personation and representing vehicle, etc, as Police vehicle
1: A person commits an offence who, without reasonable excuse, and in circumstances likely to lead a person to believe that the person is a Police employee,—
a: pretends to be a Police employee by his or her words, conduct, or demeanour; or
b: assumes the name, designation, or description of a Police employee.
2: A person commits an offence who, without reasonable excuse, uses any of the following things in circumstances likely to lead a person to believe that the user is a Police employee:
a: a Police uniform, or item of that uniform, or a Police article:
b: a uniform, or item of uniform, or article that closely resembles a Police uniform, or item of that uniform, or Police article.
3: A person commits an offence who, without reasonable excuse, represents any vehicle, craft, or other conveyance as being in the service of the Police in circumstances likely to lead a person to believe the vehicle, craft, or conveyance is in the service of the Police.
4: A person who commits an offence against this section is liable on conviction 1958 No 109, ss 51 51A Section 48(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
49: Use of term Police or New Zealand Police in operating name
1: A person commits an offence who, without reasonable excuse, carries on an activity under an operating name that includes the word Police New Zealand Police
2: A person who commits an offence against this section is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $20,000. Section 49(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
50: Unlawful possession of Police property
1: A person commits an offence who, without lawful authority or reasonable excuse, has in his or her possession any Police property.
2: A person who commits an offence against this section is liable on conviction 1958 No 109, ss 52 61A Section 50(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
51: Failing to help Police employee
1: A Police employee in the lawful execution of his or her duty may, if it is reasonably necessary in the circumstances, ask a person who is 18 years old or older to help the Police employee do 1 or both of the following:
a: apprehend or secure a person:
b: convey a person in the employee’s charge to a Police station or other place.
2: A person who fails to give help, when so asked, commits an offence and is liable on conviction 1958 No 109 s 53 Section 51(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
52: Unlawful dealings with prisoners
1: A person commits an offence who, without the permission of a Police employee,—
a: holds any restricted communication with a prisoner in the custody or charge of a Police employee; or
b: delivers any thing, or causes it to be delivered, to that prisoner.
2: A person who commits an offence against this section is liable on conviction
3: In this section, restricted communication
a: any communication that may prejudice the maintenance of the law, the safe custody of the prisoner, the safety of any other person, or the security of any prison:
b: any communication whatsoever that takes place after the Police employee, in whose custody or charge the prisoner is, has forbidden that communication or directed that it cease. 1958 No 109 s 54 2004 No 50 s 143(3) Section 52(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
53: Killing or injuring Police dogs
1: A person who intentionally kills, maims, wounds, or otherwise injures a Police dog without lawful authority or reasonable excuse commits an offence.
2: A person who commits an offence against this section is liable on conviction 1958 No 109 s 44C Section 53(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
54: Offences triable summarily
Section 54 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
4: Provisions relating to employment of Police employees
55: Interpretation
In this Part, unless the context otherwise requires,— Authority section 5 lockout section 82 service organisation strike section 81 union section 5
56: Application of Employment Relations Act 2000
Except as expressly provided in this Act, the Employment Relations Act 2000 1958 No 109 s 96
57: Application of
Privacy Act 2020 Nothing in information privacy principles 2, 3, and 10 section 22 Section 57 heading amended 1 December 2020 section 217 Privacy Act 2020 Section 57 amended 1 December 2020 section 217 Privacy Act 2020
58: Employment principles
Subject to this Act, the Commissioner must operate a personnel policy that complies with the principle of being a good employer by following, as if he or she were the chief executive of a Department, the provisions of sections 73 74 1958 No 109 s 7 Section 58 amended 7 August 2020 section 135 Public Service Act 2020
59: Appointments on merit
1: In making an appointment under section 18
2: This section is subject to sections 64 65 1958 No 109 s 8
60: Obligation to notify vacancies
1: If the Commissioner intends to fill a position that is vacant or is to become vacant in the Police, the Commissioner must, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified people to apply for the position.
2: This section is subject to sections 64 65 1958 No 109 s 9
61: Obligation to notify appointments
The Commissioner must notify Police employees of every appointment (other than that of an acting, temporary, or casual employee) to a vacant position in the Police. 1958 No 109 s 10
62: Review of appointments
Clause 5 section 18 1958 No 109 s 11 Section 62 amended 7 August 2020 section 135 Public Service Act 2020
63: Acting appointments
1: In the case of the absence from duty for any reason of a Police employee or in the case of a vacancy for any reason and from time to time while the absence or vacancy continues, or for any other special purpose, the Commissioner may—
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.
2: Any appointment or authority under this section may be given or made before the occasion arises or while it continues.
3: No appointment or authority under this section, and nothing done by any employee acting pursuant to the appointment or authority, may be questioned in any proceedings on the ground that—
a: the occasion has not arisen or had ceased; or
b: the employee had not been appointed to any level of position to which the authority relates.
4: The Commissioner may at any time revoke any appointment made or authority given under this section. 1958 No 109 s 13
64: Power to transfer employees within Police
1: This section applies if the Commissioner at any time finds in respect of any duties being carried out by the Police—
a: that those duties are no longer to be carried out by the Police; or
b: that a greater number of employees is employed at a location on those duties than the Commissioner considers to be necessary for the efficient carrying out of those duties.
2: The Commissioner may, subject to any applicable employment agreement, but without complying with sections 59(1) 60(1)
3: Before making an appointment under this section, the Commissioner must consult with the employee about the proposed appointment.
4: Nothing in section 62 1958 No 109 s 15(1), (3), (4)
65: Power to temporarily assign, second, and locate employees and other persons within Police
1: The Commissioner may, subject to any applicable employment agreement, but without complying with sections 59(1 60(1)
a: assign a Police employee to a temporary position in the Police:
b: assign a person to a position in the Police:
c: second a Police employee to a position with another employer:
d: relocate a Police employee—
i: on the graduation of that person from initial recruit training; or
ii: within the district in which the employee is stationed, and at the employee’s existing level of position, to meet Police requirements, after considering the employee’s circumstances and the merit of all employees who have indicated an interest in the position; or
iii: on the return of that person to duty from an overseas assignment, leave without pay, parental leave, or other special leave; or
iv: to fill a vacancy in a temporary international assignment, after considering all employees who have indicated an interest in the position; or
v: in order to rotate an employee within the district in which he or she is stationed; or
vi: for substantial welfare or personal reasons:
e: locate a person who is rejoining the Police as an employee.
2: Subsection (3) applies if—
a: the Commissioner assigns a person to a temporary position under subsection (1)(a) or assigns a person to a position under subsection (1)(b) without complying with sections 59(1) 60(1)
b: the person has occupied that position or been on that secondment for a period of at least 14 months.
3: The position occupied, or the secondment, must be considered to have been vacated by that person and, subject to any applicable employment agreement, any further assignment to or secondment of that position must be dealt with in compliance with sections 59(1) 60(1) Special provisions concerning terms and conditions of employment
66: Consultation with, and participation by,
Public Service Commissioner
1: Before entering into negotiations for terms and conditions of employment of Police employees, the Commissioner must consult with the Public Service Commissioner
2: The Public Service Commissioner
3: If the Public Service Commissioner Public Service Commissioner 1958 No 109 ss 67(4) 75(3) Section 66 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 66(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 66(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 66(3) amended 7 August 2020 section 135 Public Service Act 2020
67: Referral of negotiations for terms and conditions of employment applying to constables to arbitration procedure
1: This section applies to bargaining for terms and conditions of employment—
a: that are applicable to constables or any class or description of constables; and
b: that are to be fixed in a collective employment agreement.
2: A dispute concerning any terms and conditions of employment referred to in subsection (1) must be dealt with in accordance with the procedure set out in Schedule 2
a: the Authority recommends under section 50H
b: a mediator appointed by the chief executive of the Department of Labour or by agreement of the parties to the bargaining is satisfied that no action short of that process will settle the dispute. Superannuation schemes
68: State services superannuation schemes
1: The Commissioner may exercise in respect of Police employees the powers conferred by clause 13
2: Clauses 13 14
3: Subsection (4) applies to all constables or any class or description of constables who are not members of the Government Superannuation Fund Police Sub-Scheme.
4: The Commissioner may make it a condition of employment of employees to whom this subsection applies that those employees contribute to a State services superannuation scheme. 1958 No 109 ss 26A 67(7) Section 68(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 68(2) amended 7 August 2020 section 135 Public Service Act 2020 Strikes and lockouts involving constables
69: Unlawful strikes and lockouts involving constables
1: A strike by, or lockout of, any number of constables is unlawful.
2: Where a strike occurs or is threatened, the Commissioner may apply to the Employment Court for an injunction to prevent the strike or for an order for the resumption of full work.
3: Where a lockout occurs or is threatened, the appropriate service organisation may apply to the Employment Court for an injunction to prevent the lockout or for an order for the lockout to cease.
4: The Employment Court has full and exclusive jurisdiction to hear and determine any proceedings under this section, and no other Court has jurisdiction to hear and determine those proceedings. 1958 No 109 s 80 Suspension or removal of Police employees
70: Suspension or removal of Police employees
The Commissioner may at any time, subject to this Act and the conditions of employment set out in any applicable employment agreement,—
a: suspend any Police employee from that employee's employment, with or without pay:
b: remove any Police employee from that employee's employment. 1958 No 109 s 5(4)
71: Removal from employment of person convicted of gaining employment with Police by false representations
If a Police employee is convicted of an offence against section 47 Compulsorily or voluntarily leaving Police due to incapacity
72: Commissioner to prescribe health standards
1: For the purpose of section 74
2: Standards prescribed under subsection (1) may be expressed to apply to all Police employees generally, or to any particular class or description of Police employees, whether designated by reference to level of position, duties, or otherwise.
3: Before prescribing standards under subsection (1), the Commissioner must consult with the service organisations and the Government Superannuation Fund Authority. 1958 No 109 s 28A
73: Form of, and communication of, health standards
1: Standards prescribed under section 72
2: Even if the prescribed standards are not issued as a general instruction, section 29
74: Commissioner may require employee to leave Police due to incapacity
1: The Commissioner may require a Police employee to leave the Police if the conditions in subsection (2) exist.
2: The conditions referred to in subsection (1) are—
a: that the Commissioner is satisfied that the employee is incapable of performing competently his or her duties and any other duties that may reasonably be required of the employee from time to time; and
b: that 2 medical practitioners or a medical practitioner and another health practitioner nominated in each case by the Commissioner certify—
i: that the employee’s incapacity is referable to the employee’s inability to meet any standards prescribed under section 72
ii: that the employee has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance.
3: If the Commissioner requires an employee to leave the Police under this section, the Commissioner must—
a: notify the employee in writing; and
b: specify in the notice under paragraph (a) the time (being not less than one month from the date of the notice) within which the Commissioner requires the employee to leave.
4: In any case described in subsection (2), the employee may, with the consent of the Commissioner, waive the right to notice and leave the Police immediately. 1958 No 109 ss 28 28C(1), (2)
75: When employee required to leave Police ceases to be employee
1: A Police employee who is required under section 74
a: on the expiration of the time specified in the notice; or
b: if the employee waives the right to notice with the consent of the Commissioner under section 74(4)
2: Despite subsection (1), if the employee takes a personal grievance action in respect of the requirement to leave the Police,—
a: the employee remains a Police employee but must be placed on unpaid leave until the action is determined or completed; but
b: if reinstatement is not ordered, the employee ceases to be a Police employee on the date on which written notice of the decision determining or completing the action is given to the employee. 1958 No 109 s 28C(3), (4)
76: Leaving Police voluntarily due to incapacity
1: On the application of any Police employee, the Commissioner may permit the employee to leave the Police if the conditions in subsection (2) exist.
2: The conditions referred to in subsection (1) are that the Commissioner is satisfied that the employee is incapable of performing competently his or her duties and any other duties that may reasonably be required of the employee from time to time, and—
a: 2 medical practitioners or a medical practitioner and another health practitioner nominated in each case by the Commissioner certify—
i: that the employee’s incapacity is referable to the employee’s inability to meet any standards prescribed under section 72
ii: that the employee has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
b: the Commissioner is satisfied that the employee’s incapacity is referable to any personal factor relating to the special circumstances of the employee and directly attributable to the employee’s employment with the Police.
3: If the Commissioner decides to permit an employee to leave the Police under this section,—
a: the Commissioner must give the employee written notice of the decision; and
b: the employee ceases to be an employee of the Police on the date specified in the notice.
4: If the Commissioner refuses to permit an employee to leave the Police under this section, the Commissioner must give the employee written notice of the decision. 1958 No 109 s 28D
77: Commissioner must consult Government Superannuation Fund, etc, before nominating health practitioners if employee is member of scheme
1: The Commissioner must consult the Government Superannuation Fund Authority and the trustees of any State services superannuation scheme about the health practitioners that the Authority or the trustees approves to be nominated from time to time under sections 74 76
2: Subsection (3) applies if the Police employee in question in section 74 76
3: The Commissioner may nominate under section 74(2)(b) 76(2)(a) 1958 No 109 ss 28(5A) 28C(1A) 28D(1A)
78: Entitlement to allowances, etc
A person who ceases to be a Police employee under section 74 76 Government Superannuation Fund Act 1956 1958 No 109 s 28F Restrictions on resignation
79: Restriction on resignation by constable
If in the Governor-General’s opinion special circumstances require that no constable resign without permission, the Governor-General may, by warrant under the Governor-General’s hand, declare that no constable may resign that person’s employment with the Police except on the conditions set out in the warrant. 1958 No 109 s 14
4A: Cost recovery
Part 4A inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79A: Purpose of this Part
The purpose of this Part is to enable the Police to recover its costs in respect of the provision of certain policing services. Section 79A inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79B: Policing services that may be subject to cost recovery
1: The Minister may recommend a regulation under section 102A
2: For the purposes of this section, demand service
a: means a service that—
i: constitutes policing; and
ii: is provided only on the request of an individual or organisation; and
iii: is provided to the individual or organisation requesting it and is of direct benefit to that individual or organisation (even though provision of the service may also be of indirect benefit to the public as a whole); but
b: does not include—
i: the response of the Police to calls for service relating to potential offending:
ii: the conduct of criminal investigations:
iii: the prosecution of criminal offences.
3: Without limiting the generality of subsection (2), an example of a demand service is the provision of vetting services by the Police. Section 79B inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79C: Criteria for cost recovery
The Minister may recommend a regulation under section 102A(a)
a: subject to the provisions of section 79E
b: the fee or charge for the service or class of services to which the fee or charge relates is generally obtained from the users or beneficiaries of the service or class of services at a level commensurate, as far as practicable, with their use of the service; and
c: the costs of the service to which the fee or charge relates are efficiently incurred; that is, the service delivers the maximum benefit at the minimum cost; and
d: the relationship between the costs of the service to which the fee or charge relates and the nature and duration of the service is clear. Section 79C inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79D: Consultation
1: The Minister may recommend a regulation under section 102A(a)
2: The process for consultation must, to the extent practicable in the circumstances, include—
a: the giving of appropriate notice of the intention to make the regulation and of the contents of the proposed regulation; and
b: a reasonable opportunity for interested persons to make submissions; and
c: the adequate and appropriate consideration of those submissions.
3: A failure to comply with this section does not affect the validity of any regulations made under section 102A Section 79D inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79E: Methods of cost recovery
1: Regulations for the recovery of costs may provide for the following:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: the recovery by way of a fee or charge of estimated actual and reasonable costs expended in or associated with the performance of a policing service:
d: fees or charges based on costs incurred from charges by third parties:
e: any combination of the above.
2: Without limiting the way in which a fee or charge may be set, a fee or charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of services that are not to be provided directly to the person who pays the fee or charge but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service:
c: takes into account indirect costs, which include the costs and potential costs of support, maintenance, and development associated with provision of the service. 2009 No 51 s 393(6) Section 79E inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79F: Payment of fee or charge
1: A fee or charge prescribed by regulations made under this Act is payable at the time prescribed in respect of a particular service, whether that time is before, during, or after completion of the relevant service.
2: All fees and charges prescribed by regulations made under this Act and received by the Police or any other government agency must be paid into a Departmental Bank Account. 2009 No 51 s 393(7), (10) Section 79F inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016
79G: Exemptions, waivers, and refunds
1: Regulations made under this Act may provide for exemptions from, or waivers or refunds of, any fee or charge prescribed by regulations made under this Act, in whole or in part, in any class of case.
2: Regulations made under this Act may authorise the Commissioner, as he or she thinks fit in the circumstances specified in those regulations, to exempt, waive, or refund the whole or any part of a fee or charge prescribed by regulations made under this Act.
3: If regulations authorise the Commissioner to grant exemptions, waivers, or refunds referred to in subsection (2),—
a: an instrument granting an exemption or a waiver or refund is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 2009 No 51 s 395 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a) Publication See the relevant publication, presentation, and disallowance table in the regulations under which it is made LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 79G inserted 8 November 2016 section 4 Policing (Cost Recovery) Amendment Act 2016 Section 79G(3) inserted 28 October 2021 regulation 101 Legislation Act (Amendments to Legislation) Regulations 2021
5: Biometric information, international policing, and other miscellaneous provisions
1: Biometric information relating to prospective Police employees, Police employees, and certain associates
80: Interpretation
In this subpart,— biometric information
a: a DNA profile of the person; or
b: fingerprints or palm-prints taken from the person Police associate staff biometric information
a: in relation to a person being considered for employment as a Police employee, means anything that is a DNA profile derived from a bodily sample obtained under section 81
b: in relation to a person who is a Police employee, means anything that is—
i: a DNA profile derived from a bodily sample obtained under section 82(1)
ii: a DNA profile derived from a bodily sample obtained under section 81 section 82(2)
c: in relation to a Police associate, means anything that is a DNA profile derived from a bodily sample obtained under section 82(1)
81: Prospective Police employees may be required to provide bodily sample and biometric information
As a condition of being considered for employment as a Police employee, a person may be required to do either or both of the following things:
a: provide a bodily sample suitable for obtaining a DNA profile of the person for the purposes of section 83(1)
b: allow any biometric information the Commissioner thinks appropriate to be taken for the purposes of section 83(1)
82: Police employees and associates may voluntarily provide bodily sample and biometric information
1: A Police employee or Police associate may do either or both of the following things:
a: provide a bodily sample suitable for obtaining a DNA profile of the person, together with a written statement that the sample is provided for the purposes of section 83(2)
b: allow any biometric information the Commissioner thinks appropriate to be taken, and give the Commissioner a written statement that the information is provided for the purposes of section 83(2)
2: A Police employee may give the Commissioner a written statement—
a: authorising the use for the purposes of section 83(2) section 81
b: forbidding the use for the purposes of section 83(2)
3: No Police employee or Police associate can be required—
a: to provide a bodily sample for the purposes of section 83(2)
b: to allow biometric information to be taken for the purposes of section 83(2)
c: to authorise the use for the purposes of section 83(2) section 81
4: Subsection (3) does not affect any power to require a person to provide a bodily sample or allow biometric information to be taken otherwise than for the purposes of section 83(2)
5: This subsection applies to fingerprints taken by the Police at a time before the commencement of this Act—
a: from a person who was then a sworn or non-sworn member of the Police within the meaning of the Police Act 1958
b: because the person was then such a member of the Police.
6: Fingerprints to which subsection (5) applies—
a: must for all purposes be treated as biometric information obtained under subsection (1); but
b: if the person had ceased to be such a member of the Police before the commencement of this Act, must be permanently deleted from every electronic information recording system on which it is stored (or, in the case of fingerprints held in hard-copy form, destroyed)—
i: promptly after the person asks the Commissioner in writing to delete or destroy it; and
ii: in any event, no later than 12 months after that commencement.
83: Use of staff biometric information restricted
1: Staff biometric information relating to a person being considered for employment as a Police employee must be used only for matching against other information held by the Police for the purpose of—
a: determining whether the person has been convicted of an offence; or
b: if, when matched against other information held by the Police, it indicates that the person may have been involved in the commission of an offence,—
i: investigating the offence; and
ii: if relevant, prosecuting a person charged with committing the offence; or
c: if the person later becomes a Police employee, eliminating him or her from being considered in the investigation of a crime.
2: Staff biometric information relating to a person who is a Police employee or Police associate—
a: must be used only for matching against other information held by the Police for the purpose of eliminating him or her from being considered in the investigation of a crime; and
b: is not admissible in evidence in any proceedings against the person (even after the person ceases to be a Police employee or Police associate).
84: Sample to be destroyed once profile derived and stored
The Commissioner must ensure every bodily sample obtained under section 81 82(1)
85: Staff biometric information to be deleted or destroyed if prospective employee not employed, or subject asks
1: The Commissioner must ensure that all staff biometric information held by the Police that relates to a person is permanently deleted from every electronic information recording system on which it is stored (or, in the case of information held in hard-copy form, destroyed),—
a: in the case of a person being considered for employment as a Police employee, promptly after the Commissioner decides not to employ the person; and
b: in the case of a person who is a Police employee or Police associate,—
i: promptly after the person asks the Commissioner in writing to delete or destroy it; and
ii: in any event, no later than 12 months after the person ceases to be a Police employee or Police associate.
2: The Commissioner must ensure that, promptly after the deletion or destruction of information under subsection (1) or section 82(6)(b)
2: International policing
International policing: overseas operations
86: Interpretation
In sections 87 to 90 overseas operation
a: means a person or group of people that, before, on, or after the commencement of this Act, is authorised by the Government of New Zealand to participate in duties overseas involving peacekeeping, the maintenance or restoration of law and order or functioning government institutions, or any other activity in respect of which the Government of New Zealand wishes to provide assistance (whether or not in conjunction with personnel from 1 or more other countries); but
b: does not include a Police employee who is part of a United Nations activity and to whom sections 91 to 95 2004 No 17 s 4
87: Jurisdiction over Police and civilian employees overseas
1: This section applies to any Police employee or any other person who is not a member of the armed forces while that employee or that other person—
a: is part of an overseas operation; and
b: is outside New Zealand.
2: If any person to whom this section applies does, or omits to do, an act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that if done or omitted within New Zealand would constitute an offence, that act or omission is deemed to have taken place within New Zealand unless—
a: the person is subject to the criminal jurisdiction of the place in which the act or omission took place; and
b: the authorities in that place—
i: are not subject to any obligation to cede jurisdiction to the New Zealand authorities in respect of that act or omission; and
ii: bring criminal proceedings against the person in that place.
3: No charging document may be filed 2004 No 17 s 5 Section 87(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
88: Powers of arrest and detention
1: Subsection (2) applies to any offence in respect of which the filing of a charging document section 87(3)
2: If any person is alleged to have committed an offence to which this subsection applies,—
a: the person may be arrested without warrant within or outside New Zealand; or
b: a warrant for the person’s arrest may be issued in New Zealand and executed within or outside New Zealand,— and the person may be detained in custody within or outside New Zealand or, if the person is in, or has been taken to, New Zealand, remanded in custody or on bail, even though the consent of the Attorney-General has not been obtained to the filing of a charging document
3: The provisions of the Crimes Act 1961 section 87
4: Any person arrested outside New Zealand may be detained in custody outside New Zealand for as long as is reasonably necessary to enable the person to be taken to New Zealand. 2004 No 17 s 6 Section 88(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
89: Breach of code of conduct
If a Police employee does or omits to do an act, and that act or omission would, if it occurred in New Zealand, be a breach of the code of conduct prescribed under section 20 2004 No 17 s 7
90: Saving of jurisdiction
Nothing in sections 86 to 89 2004 No 17 s 8 International policing: United Nations operations
91: Interpretation and application
1: In this section and sections 92 to 95 act or omission crime employee
2: For the purposes of this section, a Police employee is deemed to be an employee for the purposes of a United Nations activity from the time he or she leaves New Zealand to undertake duties with the United Nations until he or she returns to New Zealand or earlier ceases to be an employee. 1964 No 1 ss 2 3
92: Trial in New Zealand for crimes committed outside New Zealand
1: An employee who commits a crime outside New Zealand is liable to be proceeded against and punished as if it had occurred in New Zealand and the courts of New Zealand have jurisdiction accordingly.
2: Subsection (1) is subject to sections 91 to 95
3: Despite anything in any other enactment, no proceedings for the trial and punishment of an employee may be brought under sections 91 to 95
4: The consent of the Attorney-General is not required for an employee to be arrested and detained in custody. 1964 No 1 s 4
93: Arrest and detention of offender
1: The provisions of the Crimes Act 1961
2: An employee arrested under this section may be detained and held in custody until the employee can be dealt with according to law. 1964 No 1 s 5
94: Breach of code of conduct
Any employee whose act or omission would, if it had occurred in New Zealand, be a breach of the code of conduct prescribed under section 20 1964 No 1 s 6
95: Saving of jurisdiction
Nothing in sections 91 to 94 International policing: information sharing to assist corresponding overseas agency Heading inserted 7 November 2015 section 4 Policing Amendment Act 2015
95A: Interpretation
In this section and in sections 95B to 95F agency-to-agency agreement biometric information
a: fingerprints:
b: palm-prints:
c: an iris scan corresponding overseas agency
a: means an overseas person, body, or agency that is empowered to perform functions that correspond, wholly or partly, to any of the functions set out in section 9
b: includes Interpol and every overseas person, body, or agency appointed under article 32 of the constitution of Interpol to co-operate with Interpol international disclosure instrument
a: an international arrangement or agreement to which the Government of New Zealand is a party; or
b: an agency-to-agency agreement; or
c: the constitution of Interpol and any instrument adopted under article 44 of that constitution Interpol personal information Section 95A inserted 7 November 2015 section 4 Policing Amendment Act 2015
95B: Disclosure of personal information
1: If the requirements of this section are met, the Commissioner may disclose any personal information held by the Police to a corresponding overseas agency.
2: The disclosure of the personal information must be reasonably necessary to enable the corresponding overseas agency to perform a function in its jurisdiction that the Police perform in New Zealand under section 9
3: Personal information under this section may be disclosed only—
a: in accordance with an international disclosure instrument; or
b: in accordance with directions issued by the Commissioner under section 95C
4: For the purposes of this section, personal information may be disclosed to a corresponding overseas agency by disclosing the information to an overseas person, body, or agency that is authorised to act on behalf of the corresponding overseas agency.
5: Subsections (1) to (4) do not affect any other enactment that requires or allows disclosure of personal information (whether or not of a particular kind and whether or not disclosure is required to be made in a prescribed manner).
6: A person who contravenes a provision of this section must be treated, for the purposes of Parts 5 6 section 69(2)(a)(i) Section 95B inserted 7 November 2015 section 4 Policing Amendment Act 2015 Section 95B(6) replaced 1 December 2020 section 217 Privacy Act 2020
95C: Commissioner may issue directions to certain Police employees
1: The Commissioner may issue written directions relating to the disclosure of personal information outside of an international disclosure instrument under section 95B
2: The directions must identify authorised Police employees but need not identify particular individuals and may instead identify the positions that the employees hold or the groups to which they belong.
3: Without limiting the generality of subsection (1), the directions may do either or both of the following:
a: describe the circumstances in which personal information may be disclosed without a request from the corresponding overseas agency:
b: set out any criteria in addition to those stated in section 95B Section 95C inserted 7 November 2015 section 4 Policing Amendment Act 2015
95D: Agency-to-agency agreements subject to consultation with Privacy Commissioner
The Commissioner must consult the Privacy Commissioner before any agency-to-agency agreement is entered into or varied. Section 95D inserted 7 November 2015 section 4 Policing Amendment Act 2015
95E: Publication of certain agency-to-agency agreements and directions
1: As soon as practicable after an agency-to-agency agreement enters into force at any time after the commencement of this section, the Commissioner must make a copy of the agreement publicly available.
2: When an agency-to-agency agreement that is in effect before the commencement of this section is first reviewed following that commencement, the Commissioner must, as soon as practicable after that review, make a copy of the agreement (as modified or proposed to be modified by the review) publicly available.
3: As soon as practicable after issuing any directions under section 95C
4: However, this section does not apply to—
a: an agency-to-agency agreement, or to any directions, that may be withheld under the Official Information Act 1982
b: any provision of an agency-to-agency agreement, or of any directions, that may be withheld under the Official Information Act 1982
5: For the purposes of this section, a copy is publicly available
a: available for inspection, free of charge, at the Police National Headquarters on any working day; and
b: accessible, free of charge, on an Internet site maintained by or on behalf of the Commissioner. Section 95E inserted 7 November 2015 section 4 Policing Amendment Act 2015
95F: Saving for existing international disclosure instruments
1: Sections 95B to 95E
2: Despite subsection (1), an agency-to-agency agreement that entered into force before the commencement of this section becomes subject to sections 95B to 95E
3: Despite subsection (1), an agency-to-agency agreement that entered into force before the commencement of this section expires on the close of the day that is the 5th anniversary of the commencement of this section if the agreement has not been reviewed before that anniversary. Section 95F inserted 7 November 2015 section 4 Policing Amendment Act 2015
3: Miscellaneous provisions
96: Evidence of Police identity and authority
1: The Commissioner must provide every Police employee with evidence of the employee’s identity and authority.
2: The evidence must state all prescribed information and,—
a: if the Police employee to whom it relates is a constable, must state that he or she has the policing powers of a constable; and
b: if the Police employee to whom it relates is authorised to perform one or more particular policing roles set out in Schedule 1
3: The evidence—
a: must bear all prescribed things:
b: may state, bear, or otherwise contain (for example, by having a microchip embedded in it) any additional information or thing the Commissioner thinks appropriate:
c: may be in any form the Commissioner thinks appropriate.
4: Subsection (1) does not prevent the Commissioner from providing (in addition to the evidence required by that subsection to be provided) supplementary forms of evidence of identity, authority, or both, for particular Police employees, Police employees of a particular description, or all Police employees; and any form of evidence provided—
a: may state any information (whether or not required by subsection (1), or prescribed):
b: may contain (for example, by having a microchip embedded in it) any information:
c: may state information in a language other than English:
d: may bear any things (whether or not prescribed).
5: A Police employee must surrender all evidence of identity, authority, or both supplied to him or her by the Commissioner if the employee—
a: goes on leave of any kind for a period longer than 12 months; or
b: resigns or retires; or
c: is suspended or removed.
6: Despite subsections (1) and (2), if any question arises as to the right of any constable to hold or execute his or her office,—
a: common reputation is evidence of that right; and
b: it is not necessary to produce evidence of the constable’s identity and authority. 1958 No 109 s 41 1996 No 27 s 7
97: When policing powers cease
1: All powers and authorities vested in a Police employee by virtue of holding office as constable cease immediately when the Police employee—
a: is suspended; or
b: ceases to hold the office of constable.
2: All powers and authorities vested in a Police employee cease immediately when the employee is suspended or ceases to be a Police employee. 1958 No 109 ss 37(2) 44
98: Evidentiary provisions
In any proceedings,—
a: the Commissioner may certify that at a specified time or during a specified period—
i: a dog named in the certificate was a Police dog; or
ii: a person named in the certificate was a Police dog handler; or
iii: a particular uniform was a Police uniform; or
iv: a particular item of uniform was an item of Police uniform; or
v: a particular crest, badge, emblem, design, logogram, or other distinguishing article was a Police article; and
b: the Commissioner’s certificate is, in the absence of proof to the contrary, sufficient evidence of the matters certified. 1958 No 109 ss 44D 51A(6)
99: Police involvement in elections
1: No constable, authorised officer, or supervisor may take part in any election of a member of the House of Representatives
a: by voting; or
b: as a candidate in accordance with sections 52 53
c: in the discharge of his or her duties as a constable, authorised officer, or supervisor.
2:
3:
4: Section 99(1) amended 1 July 2010 section 4(1) Policing (Involvement in Local Authority Elections) Amendment Act 2010 Section 99(1)(b) amended 1 July 2010 section 4(2) Policing (Involvement in Local Authority Elections) Amendment Act 2010 Section 99(2) repealed 1 July 2010 section 4(3) Policing (Involvement in Local Authority Elections) Amendment Act 2010 Section 99(3) repealed 1 July 2010 section 4(3) Policing (Involvement in Local Authority Elections) Amendment Act 2010 Section 99(4) repealed 1 July 2010 section 4(3) Policing (Involvement in Local Authority Elections) Amendment Act 2010
100: Scope of review by
Public Service Commissioner If the Public Service Commissioner is directed or requested under clause 5 section 44(d)(ii) section 16(1) Section 100 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 100 amended 7 August 2020 section 135 Public Service Act 2020
101: Annual report
The annual report of the Police required under section 43
a: must include an account of the performance of the Police and its operations during the period under review; and
b: must include any information required under any other enactment; and
c: may include any other matters affecting the Police or policing that the Commissioner thinks fit. 1958 No 109 s 65
102: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing crests, badges, emblems, designs, logograms, or other distinguishing articles used, worn, or carried by any Police employee while on duty:
b: prescribing the information and things relating to a Police employee that the evidence of identity and authority provided to him or her under section 96(1)
c: requiring the Commissioner to establish and maintain a register—
i: showing, in relation to any specified role within the Police, the qualifications, training, and skills required by the Commissioner to be held by a Police employee performing that role; and
ii: showing, in relation to each Police employee, the qualifications, training, and skills held by that person relevant to the person's employment within the Police:
d: prescribing the information required to be contained in the register referred to in paragraph (c) for each Police employee whose name is entered in the register:
e: providing for matters relating to the governance and conduct of Police employees outside New Zealand, whether as part of an overseas operation within the meaning of section 86 section 91
f: providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 102(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
102A: Regulations relating to cost recovery
1: The Governor-General may, by Order in Council,—
a: on the recommendation of the Minister made after due consultation in accordance with section 79D Part 4A
b: make regulations prescribing the time when a fee or charge prescribed under this Act becomes payable:
c: make regulations providing for exemptions from, or waivers or refunds of, any fee or charge prescribed under this Act, in whole or in part, in any class of case:
d: make regulations authorising the Commissioner, as he or she thinks fit in the circumstances specified in those regulations, to exempt, waive, or refund the whole or any part of a fee or charge prescribed by regulations made under this Act.
2: Regulations under this section are secondary legislation ( see Part 3
3: If the regulations authorise the granting of an exemption, a waiver, or a refund under subsection (1)(d),—
a: the instrument by which the exemption, waiver, or refund is granted is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 102A inserted 8 November 2016 section 5 Policing (Cost Recovery) Amendment Act 2016 Section 102A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 102A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional and savings provisions
103: Disciplinary matters
1: This section applies to any disciplinary matter arising in relation to conduct by a Police employee where the conduct occurred before the commencement of this Act.
2: The matter must be dealt with in accordance with any applicable provisions of the Police Act 1958 Police Regulations 1992
104: Agreements under section 67 of Police Act 1958
1: Every agreement under section 67
2: If there is a dispute about the interpretation, application, or operation of any provision of any agreement continued in force by subsection (1),—
a: a person bound by the agreement or any party to the agreement may pursue that dispute in accordance with Part 10
b: the person or party pursuing the dispute must ensure that every service organisation that was involved in negotiations for the making or renewal of the agreement has notice of the existence of the dispute.
105: Collective agreements under section 75 of Police Act 1958
Every collective employment agreement under section 75
106: Individual employment agreements
Every individual employment agreement under section 67A 75 76
107: Continuation of process for agreement underway under section 67 of Police Act 1958
1: This section applies if, at the commencement of this Act, a process is underway for the fixing of conditions of employment under section 67
2: The process must be continued as if the Police Act 1958 Employment Relations Act 2000
3: If the parties agree under subsection (2) to continue the process in accordance with the Employment Relations Act 2000
108: Existing members of Police to be treated as Police employees
1: A person who, immediately before the commencement of this Act, was a sworn or non-sworn member of the Police within the meaning of the Police Act 1958 section 18
2: For all purposes in relation to a person referred to in subsection (1), the period of the person’s service with the Police is to be treated as including any period or periods of service with the Police before the commencement of this Act.
109: Existing members of Police authorised under section 6(2) of Police Act 1958
1: A warrant issued under section 6(2)
2: A warrant saved by subsection (1) may be withdrawn under section 24(3) section 24(1)
3: The person authorised by a warrant saved by subsection (1) must be treated for all purposes as if he or she were an authorised officer.
110: Pensions in respect of death or disablement
Section 42
111: Identity cards
1: The Commissioner is not required to comply with section 96 section 102
2: If a Police employee has been issued by the Commissioner with evidence of identity and authority for the purpose of performing that employee's duties that evidence must, until the end of the period described in subsection (1), be presented by that employee in any circumstance where evidence of identity and authority under section 96
112: Delegations by Commissioner
1: Any delegation made by the Commissioner under section 4(3) 55A section 17
a: it had been made under section 17
b: section 17
2: Nothing in this section limits the Interpretation Act 1999
113: Appointments and authorisations by Commissioner under section 13 of Police Act 1958
1: Any appointment made or authorisation given by the Commissioner under section 13 section 63
a: it had been made under section 63
b: section 63
2: Nothing in this section limits the Interpretation Act 1999
114: Police crest and badge
Until the commencement of regulations under this Act prescribing a Police crest and badge,—
a: this Act applies as if the crest and badge whose design was, immediately before the commencement of this Act, depicted in Schedule 1
b: the definition in section 4 Police article
115: Sitting members of local authorities
Section 115 repealed 1 July 2010 section 5 Policing (Involvement in Local Authority Elections) Amendment Act 2010 Validation of constable's oaths Heading inserted 8 December 2009 section 4 Policing (Constable's Oaths Validation) Amendment Act 2009
115A: Validation of constable's oaths
1: A Police employee or judicial officer who has administered the constable's oath described in section 22(1)
2: A Police employee who has administered the constable's oath described in section 22(1) Section 115A inserted 8 December 2009 section 4 Policing (Constable's Oaths Validation) Amendment Act 2009 Section 115A(2) inserted 25 October 2013 section 4 Policing (Constable’s Oaths Validation) Amendment Act 2013 Terms relating to Police in other enactments
116: Terms relating to Police in other enactments
Unless the context otherwise requires,—
a: a reference in an enactment other than this Act to any of the following terms must be read as a reference to a constable:
i: a member of Police:
ii: a member of the Police:
iii: a member of the New Zealand Police:
iv: a Police officer:
v: an officer of the Police:
vi: a policeman:
vii: a sworn member of the Police.
b: a reference in an enactment other than this Act to a commissioned officer of Police (or of the Police) must be read as a reference to a constable who is of or above the level of position of inspector:
c: a reference in an enactment other than this Act to a non-commissioned officer of Police (or of the Police) must be read as a reference to a constable who is of or above the level of position of sergeant but below the level of position of inspector:
d: a reference in an enactment other than this Act to a non-sworn member of Police (or of the Police) must be read as a reference to a Police employee who is not a constable.
117: References to constables in other enactments
In any enactment other than this Act, unless the context otherwise requires, constable section 4 Amendments to District Courts Act 1947
118: Amendments to District Courts Act 1947
1: This section amends the District Courts Act 1947
2: Section 17(1)
a: have the powers of a constable and take the oath in either of the forms set out in subsection (3)
3: Section 17
3: The oath referred to in subsection (1)(a) is as follows: English form I, [ name or specify the name of the reigning Sovereign, as in: or or place Māori form Tēnei au, a [ ingoa tohua te ingoa o te Arikinui kei runga i te torona, pērā ki a rānei wāhi 2008-10-01 District Courts Act 1947 Amendments to Employment Relations Act 2000
119: Amendments to Employment Relations Act 2000
Sections 120 to 122 Employment Relations Act 2000 2008-10-01 Employment Relations Act 2000
120: New sections 100F and 100G inserted
The following sections are inserted after section 100E
100F: Code of good faith for employment relationships in relation to provision of services by New Zealand Police
1: Schedule 1C
2: The code—
a: applies subject to the other provisions of this Act and any other enactment; and
b: in particular, does not limit the application of the duty of good faith in section 4 in relation to the New Zealand Police.
3: Compliance with the code does not, of itself, necessarily mean that the duty of good faith in section 4 has been complied with.
4: It is a breach of the duty of good faith in section 4 for a person to whom the code applies to fail to comply with the code.
5: This section does not prevent a code of good faith approved under section 35 or a code of employment practice approved under section 100A applying to employment relationships in relation to the provision of services by the New Zealand Police.
6: However, in the case of any inconsistency, the code set out in Schedule 1C
100G: Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or replace the code of good faith for employment relationships in relation to the provision of services by the New Zealand Police set out in Schedule 1C
2: The Minister must not make a recommendation under subsection (1)
a: requested to do so by the Commissioner of Police and service organisations representing not less than three-quarters of service organisation members employed by the Police; and
b: the Minister has consulted the Minister of Police and any other persons and organisations that he or she considers appropriate.
3: In this section, service organisation section 55
121: Schedule 1 amended
Part A 16 The provision of Police emergency response services as defined in clause 3 Schedule 1C
122: New Schedule 1C inserted
The Schedule 1C set out in Schedule 3 Schedule 1B Amendment to Criminal Records (Clean Slate) Act 2004
123: Amendment to Criminal Records (Clean Slate) Act 2004
1: This section amends the Criminal Records (Clean Slate) Act 2004
2: Section 19(3)(d)(iii) member of the police Police employee 2008-10-01 Criminal Records (Clean Slate) Act 2004 Amendments to Land Transport Act 1998
124: Amendments to Land Transport Act 1998
1: This section amends the Land Transport Act 1998
2: Section 22(3) in person at the nearest police station or
3: Section 22(5) to the nearest police station or 2008-10-01 Land Transport Act 1998 Amendment to State Sector Act 1988
125: Amendment to State Sector Act 1988
1: This section amends the State Sector Act 1988
2: Section 44(2)
d: The Commissioner of Police is the chief executive of the New Zealand Police. 2008-10-01 State Sector Act 1988 Amendments to Summary Offences Act 1981
126: Amendment to Summary Offences Act 1981
Sections 127 128 Summary Offences Act 1981 2008-10-01 Summary Offences Act 1981
127: Interpretation
1: Section 2 authorised officer section 4 Police dog section 4 Police dog handler section 4
2: Section 2 constable constable section 4
128: Resisting Police, prison, or traffic officer
1: Section 23(a) or any authorised officer, constable
2: Section 23(b) authorised officer, constable
3: Section 23
c: any Police dog working under the control of a Police dog handler. Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
129: Amendment to Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
1: This section amends the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
2: The following regulation is inserted after regulation 9A
9B: Exclusion for substances when used in policing
Nothing in these regulations applies to class 1 to 5 substances when used—
a: in policing operations by Police tactical groups; or
b: on a vehicle, ship, or aircraft authorised to carry class 1 substances in policing operations by Police tactical groups; or
c: in any Police training in respect of the activities referred to in paragraph (a) or (b). 2008-10-01 Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 Other enactments amended, repeals, and revocations
130: Consequential amendments and repeals
1: The Acts specified in Schedule 4
2: Section 46F(2)(b)(i) member of the police constable
3: The regulations specified in Schedule 5
4: The enactments specified in Part 1 Schedule 6
5: The enactments specified in Part 2 Schedule 6 2009-01-24 Burial and Cremation Act 1964 2008-10-01 Alcoholism and Drug Addiction Act 1966 Anti-Personnel Mines Prohibition Act 1998 Arms Act 1983 Bail Act 2000 Births, Deaths, and Marriages Registration Act 1995 Care of Children Act 2004 Child Support Act 1991 Children, Young Persons, and Their Families Act 1989 Civil Defence Emergency Management Act 2002 Conservation Act 1987 Coroners Act 2006 Corrections Act 2004 Criminal Justice Act 1985 Criminal Records (Clean Slate) Act 2004 Crimes Act 1961 Criminal Investigations (Bodily Samples) Act 1995 Domestic Violence Act 1995 Electoral Act 1993 Equal Pay Act 1972 Evidence Act 2006 Extradition Act 1999 Films, Videos, and Publications Classification Act 1993 Financial Transactions Reporting Act 1996 Flags, Emblems, and Names Protection Act 1981 Government Communications Security Bureau Act 2003 Government Superannuation Fund Act 1956 Human Rights Act 1993 Independent Police Conduct Authority Act 1988 Inspector-General of Intelligence and Security Act 1996 International Crimes and International Criminal Court Act 2000 International Terrorism (Emergency Powers) Act 1987 Interpretation Act 1999 Juries Act 1981 Land Transport Act 1998 Lawyers and Conveyancers Act 2006 Local Government Act 1974 Maritime Crimes Act 1999 Medicines Act 1981 Misuse of Drugs Act 1975 Misuse of Drugs Amendment Act 1978 National Parks Act 1980 New Zealand Security Intelligence Service Act 1969 Parole Act 2002 Proceeds of Crime Act 1991 Real Estate Agents Act 1976 Resource Management Act 1991 Sports Anti-Doping Act 2006 Summary Offences Act 1981 Summary Proceedings Act 1957 Tax Administration Act 1994 Telecommunications (Residual Provisions) Act 1987 Terrorism Suppression Act 2002 Victims' Rights Act 2002 Volunteers Employment Protection Act 1973 Children, Young Persons, and Their Families (Forms) Regulations 1989 Corrections Regulations 2005 Cremation Regulations 1973 Evidence Regulation 2007 Government Superannuation Fund (Ceasing Contributions) Regulations 1995 New Zealand Operational Service Medal Regulations 2002 Sale of Liquor Regulations 1990 Summary Proceedings Regulations 1958 Traffic Regulations 1976 Crimes and Misconduct (Overseas Operations) Act 2004 Police Act 1958 United Nations (Police) Act 1964 Police Regulations 1992 Police (United Nations) Regulations 1964


Adoption Amendment Act 2008

1: Title
This Act is the Adoption Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2(1) brought into force 18 May 2009 Adoption Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Adoption Act 1955 OIC SR 2009/76 2009-05-18 Adoption Act 1955
4: New sections 22 and 22A substituted
Section 22
22: Attendance at hearings
1: The following persons may attend a hearing of an application under this Act:
a: officers of the Court:
b: parties to the proceedings:
c: lawyers representing parties to the proceedings:
d: a social worker who furnished a report under section 10:
e: accredited news media reporters:
f: persons whom the Judge permits to be present as support persons for a party on the request of that party:
g: any other persons whom the Judge permits to be present.
2: No other person may attend a hearing of an application under this Act.
3: The Judge must agree to a request under subsection (1)(f)
4: No support persons may help an applicant conduct his or her case.
5: If, during a hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: an accredited news media reporter:
b: a support person whom the Judge permitted to be present under subsection (1)(f)
6: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
22A: Publication of reports of proceedings
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.