Policing Act 2008

On 1 October 2008 the Policing Act 2008 came into force to replace the outmoded Police Act 1958, and Police Regulations 1992.  The changes the new Act introduced varied from new offences and powers for constables, through to significant changes to Police's human resources provisions.  The new legislation also removed some of the barriers which Police had been encumbered by, such as the previous requirement that constables resign from Police to take up a role which does not require policing powers.  Commissioner of Police Howard Broad ushered in the era of the new Policing Act after Governor-General Satyanand gave the Bill its Royal Assent at Government House Auckland on 16 September 2008.

Introduction

The previous legislative basis for policing in New Zealand - the Police Act 1958 and Police Regulations 1992 - was revamped in 2008.

The goal was to redesign the legislation to reflect the challenges of modern day policing, and to better position New Zealand Police for the future.

Review scope

The review took into account and considered the following central themes:

  • Principles of policing - reinforcing the fundamental basis of policing in New Zealand
  • Governance and accountability - maintaining the independence of Police within a public management framework
  • Human resources - appointing, deploying and managing staff
  • Community engagement - policing in and with our communities
  • Police powers - assigning and using Police powers
  • Relationships - recognising the wide range of Police partners
  • Administration - enabling the day-to-day work of a large 24/7 organisation
  • Conduct and integrity - reinforcing ethical behaviour

More scope of the review details.

Milestones towards new Police legislation

Outlined below is a high-level overview of the major steps of the project and the timeline for modernising Police legislation.

Ongoing dialogue with stakeholders occurs throughout the process.

April-May 2006: Scope Consultation

  • Consult stakeholders
  • Analyse responses
  • Validate proposed scope with stakeholders and Minister of Police
  • Publicise the scope of the review

June-December 2006: Phase One Consultation

  • Release a series of issues papers on key topics:
    • Principles
    • Governance and accountability
    • Employment arrangements
    • Community engagement
    • Powers and protections
    • Relationships
    • Administration
    • Conduct and integrity
  • Analyse responses to each of the issues papers
  • Begin policy work on areas that can feed into the public consultation process

January-August 2007: Phase Two Consultation

  • Generate a summary of responses received on all issues papers
  • Develop a discussion document for public consultation on Policing Directions in New Zealand for the 21st Century
  • Cabinet approval for the release of the document
  • Discussion paper available for review and response over a two-month period

August-December 2007: Phase Three Consultation

  • Progressively complete analysis of submissions on consultation document
  • Policy development work on issues for new Policing Bill
  • Obtain Cabinet approvals for policy content of Policing Bill
  • Issue drafting instructions to Parliamentary Counsel
  • Disseminate exposure draft of proposed new Policing Bill
  • Opportunity to refine the proposed new Policing Bill based on initial feedback
  • Policing Bill introduced to Parliament

February-September 2008: Parliamentary Phase

  • First reading debate on Policing Bill
  • Policing Bill referred to Law and Order Committee
  • Select Committee reports back to the House
  • Second reading of Policing Bill
  • Committee of the whole House
  • Third reading of Policing Bill
  • Governor-General signs the Royal Assent making the Policing Bill law 16 September 2008
  • Commencement of Policing Act 1 October 2008