Recommendations from the Commission of Inquiry into Police Conduct
Current Status and Progress for the Quarter ended 31 March 2008
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Recommendations |
Status |
Progress |
Estimated time to completion
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Police policies and procedures |
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R1 |
New Zealand Police should review and consolidate the numerous policies, instructions, and directives related to investigating complaints of misconduct against police officers, as well as those relating to the investigation of sexual assault allegations. |
Underway |
• Police continue to review and consolidate "all" police Corporate Instruments (all police administrative and operational policies and instructions) • A number of instruments have been reviewed, updated and published to staff and the remainder are under active review. • A number of obsolete policies have also been cancelled. • All Corporate instruments will be reviewed by 30 June 2009 • An online library that has publishing capability is scheduled for delivery by 1 July 2008. • Corporate Instrument staff continue to prioritise, review and consolidate those instruments related to investigating complaints of misconduct against police officers, as well as those relating to the investigation of sexual assault allegations is a priority (COI Recommendations) • This work will be completed in conjunction with recommendations R2; R3; R10; R11; R16; R33; R39; R40; R52; R54. |
Polices, instructions and directives, relating to this recommendation, will be consolidated and then converted to the new online library by June 2008.
All instruments will be fully reviewed within 2 years, estimated to complete 30 June 2009. |
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R2 |
New Zealand Police should ensure that general instructions are automatically updated when a change is made to an existing policy. |
Completed |
• A new set of standardised instrument templates and instructions have been developed and implemented online • Formal development, consultation and approval processes have been implemented to ensure that general instructions are updated when a change is made to an existing policy • This process will be applied to the Corporate Instrument Document Management site as part of the “Corporate Instruments” initiative noted in recommendation R1. |
Completed 2006 |
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R3 |
New Zealand Police should develop a set of policy principles regarding what instructions need to be nationally consistent and where regional flexibility should be allowed. |
Partially completed |
• A set of policy principles for ensuring consistency in national instructions have been developed • The process on regional flexibility has commenced through development and implementation of Memorandum of Understanding templates and instructions • These principles and guidelines will be applied to the Corporate Instrument Document Management site as part of the “Corporate Instruments” initiative noted in recommendation R1. • First draft Local policy has been developed and the consultation phase about to commence. |
National phase completed April 2007. Regional phase by June 2008
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R4 |
An enhanced policy capability should be developed within the Office of the Commissioner to provide policy analysis on sound data, drawing upon the experience of front-line staff and upon research from New Zealand and beyond. |
Completed |
• All the necessary appointments are made, the policy team was established in June 2007 and a work plan has been drawn up • As part of the policy process, relevant research and front-line staff will be involved to varying degrees in the development of all operational policy. |
Completed June 2007 |
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Police policies and procedures for complainants |
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R5 |
New Zealand Police should develop an explicit policy to notify the Commissioner of Police when there is a serious complaint made against a Police officer. This policy and its associated procedures should specify who is to notify the police commissioner and within what time frames. |
Partially complete |
• An explicit policy was developed and published in June 2007 that specifies: o that the Commissioner of Police must be notified of any serious complaint made against a Police officer or any Police staff member o who is to notify the Police Commissioner and within what time frames. • As part of Recommendation 8, a technical solution has been reviewed and a business case is being prepared. This solution may be utilised to improve the current process of notifying the Commissioner of serious complaints. |
Phase 1 relating to the policy completed in June 2007
Phase 2 - Ongoing improvement - the timeline will be determined by Recommendation R8 |
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R6 |
New Zealand Police should ensure that members of the public are able to access with relative ease information on the complaints process and on their rights if they do make a complaint against a member of the police. |
Underway |
• Access to information on the complaints process will be dealt with as part of an initiative for reviewing complainants rights • Preliminary meetings have been held with the Media Section of NZ Police. This is around enhancements to Police websites and other publications including pamphlets and the like for distribution across New Zealand. • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April and will determine the timeline for completion. |
This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008. |
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Recommendations |
Status |
Progress |
Estimated time to completion
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R7 |
New Zealand Police should undertake periodic surveys to determine public awareness of the processes for making a complaint against a member of the police or a police associate. |
Underway |
• Police have contracted Gravitas Research and Strategy Ltd, a research company, to undertake a Citizens' Satisfaction survey on its behalf through the Service First Project. This survey replaces the previous satisfaction research that Police have used as a performance measure over many years and is conducted by telephone. • The questionnaire was tested during February and early March. The survey commenced on 12 March and will continue until June. This will give Police a baseline to compare future results against as an ongoing measure of police performance and citizens' satisfaction with Police. • The survey uses questions from the Common Measurements Tool. Police is piloting the Common Measurements Tool (CMT) for the State Services Commission. SSC has obtained the CMT under a licensing agreement with the Canadian government. Police and other agencies using the CMT will be able to benchmark results against results for citizens' satisfaction with Canadian public sector organisations. • A question from the CMT is being used to determine whether citizens who had a problem with Police service delivery or Police staff knew what they could do about it in accordance with Recommendation 7. • Participation in the survey is voluntary, and the information provided is confidential. The sample is made up of a random sample of the general population and a smaller targeted sample of people who have called the Police Communications Centre. |
Estimated to complete the first periodic survey and baseline report in June 2008 |
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R8 |
New Zealand Police should develop its database recording the number of complaints against police officers to allow identification of the exact number of complaints and the exact number of complainants for any one officer. |
Underway |
• This database exists currently and will form part of an Early Intervention solution. • A prototype of the Early Intervention system (American software solution) has been trialed across three Districts and one Service centre • This system and associated processes will require further development and consultation before national implementation • A business case is currently being prepared to enable the procurement of an appropriate system to meet Police requirements. • This recommendation will be delivered in conjunction with recommendations R47 and R48 |
The estimated date to complete in June 2008 is unlikely due to the timeframe required for the procurement process and implementation.
A revised timeline will be provided in the Quarter 4 report. |
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Adult Sexual Assault Investigation Policy |
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R9 |
New Zealand Police should review the implementation of the Adult Sexual Assault Investigation Policy to ensure that the training and resources necessary for its effective implementation are available and seek dedicated funding from the Government and Parliament if necessary. |
Underway |
• Continued consultation between Training Service Centre and Nat. Coord.: ASA around oversight and coordination of RNZPC and District Adult Sexual Assault Investigation Courses. • Ongoing implementation of the ASA policy, by way of District and RNZPC ASAI Training courses. • Formation of an ASA Core Reference Group (ASA-CRG), which includes internal and external agencies. ASAI Policy tabled as in need for revision and placement into new Police Manual.
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Estimated to complete June 2009 |
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R10 |
New Zealand Police should incorporate the Adult Sexual Assault Investigation Policy in the “Sexual Offences” section of the New Zealand Police Manual of Best Practice for consistency and ease of reference. |
Underway |
• Work has commenced on the new Police Manual structure and framework. Existing material has been placed within the structure for updating and aligning of Adult Sexual Assault Investigation Policy • Adult Sexual Assault Core Reference Group assembled and introduced to Police Manual format. Also the requirement for ASAI Policy to be revised. • New framework for ASAI Policy started and disseminated for consultation and feedback. |
Estimated to complete June 2008 |
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Communication of policies and training |
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R11 |
New Zealand Police should strengthen its communication and training practices by developing a system for confirming officers have read and understood policies and instructions that affect how they carry out their duties and any changes thereto. |
Underway |
• Requirements have been defined for providing an online facility for Police staff, which will: o Track the delivery of online publications o Track the opening of the documents by staff o Provide a facility for testing staff’s understanding by requiring each staff member to answer a series of questions on-line, from the content of the policy or instruction • These requirements will be incorporated in the document management system as part of the “Corporate Instruments” initiative noted in recommendation R1. • ICT have identified two options to delivery this functionality, either through Lotus Notes or MOSS. • Ongoing evaluation of options continue. |
Progressively to June 2009 |
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Recommendations |
Status |
Progress |
Estimated time to completion
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R12 |
New Zealand Police should strengthen its communication and training practices to ensure the technical competencies of officers are updated in line with the new policies and instructions. |
Underway |
• As a result of the identification of the key linkages and dependencies within the Commission of Inquiry Programme of work, Training is now in a position to implement any training programmes required as a result of the development of policies and instructions. • Identification of interdependencies between recommendations has also enabled Police to effectively communicate key changes to policies and instructions. |
Estimated to complete June 2009 |
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R13 |
Bearing in mind the mobility of the workforce, New Zealand Police should conduct a review of what training should be mandatory at a national level and what should be left to the discretion of the districts. |
Partially completed |
• Nationally mandated training is determined annually, reviewed, prioritised against a set criteria by the Training Governance Committee, and approved by the Police Executive. • A new district training model for district discretionary training was trialed and the results of the trial are being evaluated to determine if it will achieve the purpose, which is to target training to individuals on a needs basis while ensuring national consistency. Piloting of this programme has commenced in two districts. |
Estimated to complete June 2009 |
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Consistency and transparency in complaint processes |
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R14 |
New Zealand Police should ensure that the practice of providing investigating officers with a reminder of the standards for complaint investigation is applied consistently throughout the country |
Underway |
• NZ Police existing process for complaint investigations requires updating to ensure national consistency across the board • The update will comprise the development of an instruction to complaint investigators on the standards required for complaint investigations • This instruction will form part of a generic template that is forwarded to investigators following receipt of a complaint against police. • NZ Police have commenced dialogue with the investigations and review team at the Independent Police Complaints Authority in order to better categorise files and investigations • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April and will determine the timeline for completion. |
This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008. |
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Recommendations |
Status |
Progress |
Estimated time to completion
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R15 |
New Zealand Police should improve the process of communicating with complainants about the investigation of their complaint, particularly if there is a decision not to prosecute. Complainants and their support people should be given a) realistic expectations at the start of an investigation about when key milestones are likely to be met b) the opportunity to comment on the choice of investigator c) regular updates on progress, and advance notice if the investigation is likely to be delayed for any reason d) assistance in understanding the reasons for any decision not to prosecute |
Underway |
• Work continues around the improvement and promotion of Police form POL1060 with some delays being experienced with receiving feedback. • Implementation of Adult Sexual Assault Investigation policy (R9) by way Adult Sexual Assault Investigation training in Districts and RNZPC continues. • Revision and enhancement of Adult Sexual Assault Investigation Policy into the Police Manual by way of Adult Sexual Assault Core Reference Group (ASA-CRG) subject matter experts. These specific suggestions within the recommendation are looked to be included within either the new policy or manual. |
Estimated to complete June 2008 |
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Independence of investigations |
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R16 |
New Zealand Police should develop a consistent practice of identifying any independence issues at the outset of an investigation of a complaint involving a police officer or a police associate, to ensure there is a high degree of transparency and consistency. The practice should be supported by an explicit policy on the need for independence in such an investigation. In respect of the handling of conflicts of interest, the policy should, among other things, • identify types and degrees of association • define a conflict of interest provide guidelines and procedures to assist police officers identify and adequately manage conflicts of interest (including in cases where cost or the need to prompt investigation counts against the appointment of an investigator from another section or district) • ensure that the risk of a conflict of interest involving investigation staff is considered at the outset of any investigation involving a police officer or police associate. |
Underway |
• Work on the 'conflict of interest' component of this recommendation has commenced with draft guidelines prepared for refinement • Work on the wider instructions on 'independence of investigations' has not yet started • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April. • This recommendation is linked to recommendations R14 and R20. |
Commence 07/08 and estimated to complete June 2009
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Recommendations |
Status |
Progress |
Estimated time to completion
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R17 |
New Zealand Police should expand the content of its ethics training programme to include identifying and managing conflicts of interest, particularly in respect of complaints involving police officers or police associates. |
Partially completed |
• The original national ethics training package has been revised and incorporates material on conflicts of interest involving complaints against, or observed offending by, members of Police • The revised supervisors' ethics training package includes material on identifying and managing members who may be subject to such conflicts of interest. • Phase 2 is subject to the promulgation of two draft policies: "Report and be Protected" and "Conflicts of Interest". Training will be modified and updated accordingly. Anticipate completion by 30 June 2008. |
Phase 1 completed. Phase 2 ongoing |
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Support for sexual assault investigations |
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R18 |
New Zealand Police should ensure that training for the Adult Sexual Assault Investigation Policy is fully implemented across the country, so that the skills of officers involved in sexual assault investigations continue to increase and complainants receive a consistent level of service. |
Underway |
• Continued consultation between Training Service Centre and Nat. Coord.: ASA around oversight and coordination of RNZPC and District Adult Sexual Assault Investigation Courses. • Ongoing implementation of the ASA policy, by way of District and RNZPC ASAI Training courses, 12 ASAI course undertaken or planned for in 2007/08 calendar. • Formation of an ASA Core Reference Group (ASA-CRG), which includes internal and external. ASAI Policy tabled as in need for revision and placement into new Police Manual. |
Estimated to complete June 2009 |
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R19 |
New Zealand Police should initiate cooperative action with the relevant Government agencies to seek more consistent Government funding for the support groups involved in assisting the investigation of sexual assault complaints by assisting and supporting complainants. |
Ongoing |
• Continued promotion of Sexual Abuse Assessment and Treatment Service (SAATS) which is promotes a medical/forensic model jointly funded by Police, ACC and Ministry of Health. • Continued work with Doctors for Sexual Abuse Care (DSAC) in providing workforce development training and expertise for creation of critical mass of providers for SAATS implementation. • Continued work with DSAC in seeking consistent and sustainable government funds for ongoing sector expertise and contributions. • Continued work with the Taskforce for Action on Sexual Violence where Crisis Support agencies will look to be better funded via Ministry of Social Development. • Continued work in identifying gaps around NZ where tripartite services are not in place, or are in place and need supporting. |
Estimated to complete June 2009 |
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Recommendations |
Status |
Progress |
Estimated time to completion
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Management assurance |
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R20 |
In relation to investigations of sexual assault complaints against police officers or police associates, New Zealand Police should have in place systems that • verify that actual police practices in investigating complaints comply with the relevant standards and procedures • ensure the consistency of practice across the country, for instance in the supervision of smaller and rural stations • identify the required remedial action where practice fails to comply with relevant standards • monitor police officers' knowledge and understanding of the relevant standards and procedures |
Partially completed |
• The verification of compliance of police practices in investigating complaints, ensuring consistency of practice, identifying remedial action and monitoring of Police understanding of standards and procedures is a process that exists in Police • In relation to the investigation of all complaints against Police, there is a three step review process o First review of practice takes place at District level and a report with recommendations are sent to the national manager professional standards o Second review takes place at Police National Head Quarters by or on behalf of the national manager professional standards o Third review will be completed by the Independent Police Conduct Authority • These reviews check that the relevant standards and procedures have been applied • As a result of the process, police officers’ knowledge is evaluated • In order to ensure consistency and to comply fully with this recommendation, the applicable practice note will be reviewed and updated • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April. • This recommendation will be reviewed in conjunction with recommendation R16, independence of investigation. |
This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008. |
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Recommendations |
Status |
Progress |
Estimated time to completion
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Handling of complaints by the Police Complaints Authority |
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R21 |
The [Independent Police Conduct Authority] should improve its accessibility to people who may wish to make a complaint, for instance, by publicising its newly established website and by wider distribution of its information pamphlet. |
Underway |
The Independent Police Conduct Authority’s (the Authority) website has been improved to make clear the message to the public that it has new strength to its independence. The website displays its new logo and its Maori conceptual name and explains its services very simply and clearly. However, further information on the new law must await final agreement between the Authority and the Police on the mechanics and criteria governing treatment of complaints of varying levels of seriousness. It is intended that such decisions will be reflected in a public information pamphlet on the web and for physical distribution.
Work on the call-centre proposal is well-progressed and decisions will be made very soon on structure, service and capacity.
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An update of the website and the printing and distribution of new pamphlets will be completed as soon as practicable.
The Authority will consider the financial and operational implications arising from establishing call centre and media liaison capability, with a view to implementing these initiatives as soon as practicable. |
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R22 |
The [Independent Police Conduct Authority] should, in conjunction with Police, the Ministry of Justice, and other relevant agencies, develop a communications strategy to increase awareness of the [Independent Police Conduct Authority] and its work. |
Underway |
A permanent media liaison assistant has been appointed and is proving to be a significant asset to the work of the Authority in raising its public profile and explaining its function. The Authority continues to meet regularly with the Police Commissioner, make district visits to Police and deliver public addresses on the work of the Authority.
A new public information pamphlet is being prepared but is awaiting key decisions to be made between the Authority and the Police on the investigation and disposition of complaint files.
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The Authority will assess the estimated costs of developing and implementing a communications strategy.
The Authority has presented a budget bid in support of this activity.
Depending on the availability of resources, an initial strategy could be developed for implementation in the 2008/09 financial year.
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Recommendations |
Status |
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Estimated time to completion
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R23 |
The [Independent Police Conduct Authority] should actively facilitate the reception of complaints by accepting oral statements on the basis that the complainant will confirm the [Independent Police Conduct Authority’s] written record of the complaint. |
Underway |
Procedures have been put into place to make it easier for complainants to make oral statements. Reviewing Officers receive oral statements over the phone, record the statement on a complaint form and forward the form to the complainant for confirmation and signature. The complaint becomes formal when the signed form has been returned. Complainants who present themselves at reception during office hours can also have an oral statement taken in the presence of a Reviewing Officer.
The call-centre initiative is being progressed separately and will not only be of benefit to those making oral complaints but will facilitate the improved contacts and advice to complainants, and improving case management of files.
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The Authority will consider the financial and operational implications arising from the establishment of a call centre to facilitate the receipt of oral complaints.
The Authority has presented a budget bid in support of this activity.
Depending on the availability of resources, call centre capability could be established during the 2008/09 financial year. |
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R24 |
The [Independent Police Conduct Authority] should ensure it has more regular communication with those people whose complaints are under consideration. |
Underway |
More focused effort is being made in regard to more regular contact with complainants. This is resulting in reduced complainant anxiety and frustration levels.
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New performance measures and the installation of a new database are expected to result in improvements to communication with complainants in 2008.
New appointments may be made under the Independent Police Conduct Authority Act 1988 depending on the availability of resources. |
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R25 |
The [Independent Police Conduct Authority] should seek feedback from complainants by way of random sampling on their experience of the complaints process. |
Underway |
The Authority is still considering overseas models in this regard. The experience and methodology of the Police Ombudsman for Northern Island public survey is particularly appealing. However, choosing this model would have significant resourcing implications for the Authority. Consideration continues.
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The completion of this activity will follow implementation of the performance measurements referred to under recommendation 24.
The Authority will consider the financial and operational implications arising from surveying complainants with a view to implementation in 2008.
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Recommendations |
Status |
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Estimated time to completion
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R26 |
The [Independent Police Conduct Authority] should develop strategies for addressing its current backlog of complaints, including seeking additional resources as appropriate. |
Underway |
Through the use of skilled temporary staff and restructuring of staff the Authority has made solid gains in reducing the backlog of complaints.
From February 2007 to February 2008 620 files over 12 months old have been closed. So far we have reduced the backlog by 35% and expect to increase that figure to 65 % by 30 June 2008.
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The backlog of older complaints has been significantly reduced.
A budget bid has been included to complete the backlog of complaints over the next two years.
New performance measures and additional resources are expected to ensure that such a backlog does not arise again. |
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R27 |
The [Independent Police Conduct Authority] should be encouraged to exercise its discretion in favour of accepting historic sexual assault complaints. If there is any doubt about this matter, a further legislative amendment should be included in the Independent Police Complaints Authority Amendment Bill. |
Completed |
An amendment was included in the Independent Police Conduct Authority Act 2007. |