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Independent Police Conduct Authority Amendment Act 2007 Public Act Date of assent 2007 No 38 11 September 2007 Title Contents Part 1 Preliminary provisions Commencement Principal Act amended Long Title amended Name of principal Act changed Part 2 Amendments to principal Act Interpretation New section 4 and heading substituted Independent Police Conduct Authority 4 Independent Police Conduct Authority established Crown entity New sections 5 to 5C substituted Membership of Authority 5 Chairperson of Authority 5A Appointment of Judge as member of Authority 5B 5C Resignation of member New sections 6 and 7 substituted Page 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 1 Independent Police Conduct Authority Amendment Act 2007 2007 No 38 Power to remove or suspend members Filling of vacancy 6 7 Section 8 repealed Superannuation or retiring allowances Functions of Authority Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm Mode of complaint Duty of Commissioner to notify Authority of complaints Action upon receipt of complaint Authority may decide to take no action on complaint Proceedings of Authority Protection and privileges of witnesses, etc Implementation of recommendations of Authority Authority and staff to maintain secrecy Proceedings privileged Offences New sections 40 to 48 and heading substituted Transitional provisions 40 41 42 43 44 45 46 47 48 Complaints made to Police Complaints Authority Police Complaints Authority is chairperson Deputy Police Complaints Authority is member of Authority Employees and ofﬁcers transferred to Authority References to Police Complaints Authority Proceedings to which Police Complaints Authority party Assets and liabilities vest in Authority Authority must arrange annual report and accounts Obligations and rights concerning Commission of Inquiry into Police Conduct unchanged Part 3 Consequential amendments 26 27 Amendments to other Acts Amendment to Corrections Regulations 2005 Schedule Consequential amendments to other Acts No 38 Independent Police Conduct Authority Amendment Act 2007 Part 2 s 6 The Parliament of New Zealand enacts as follows: 1 2 3 4 Title This Act is the Independent Police Conduct Authority Amend­ ment Act 2007.
Part 1 Preliminary provisions Commencement This Act comes into force on a date to be appointed by the Governor­General by Order in Council.

Principal Act amended This Act amends the Act that was previously called the Police Complaints Authority Act 1988.

Long Title amended The Long Title is amended by omitting “an independent Police Complaints” and substituting “the Independent Police Con­ duct”.
Name of principal Act changed 5 (1) As from the commencement of this section, the principal Act is called the Independent Police Conduct Authority Act 1988.

Section 1(1) is consequentially amended by omitting “Police Complaints” and substituting “Independent Police Conduct”.
(2) Part 2 Amendments to principal Act 6 (1) Interpretation Section 2 is amended by repealing the deﬁnition of Authority and substituting the following deﬁnitions: “Authority means the Independent Police Conduct Authority estab­ lished under section 4 “chairperson means the chairperson of the Authority appointed under section 5A(1).”.

3 Part 2 s 7 Independent Police Conduct Authority Amendment Act 2007 2007 No 38 (2) Section 2 is amended by repealing the deﬁnition of Deputy Authority.
(3) Section 2 is amended by adding the following deﬁnition: “member means a member of the Authority appointed under section 5(1); and includes the chairperson.” 7 “4 8 (1) (2) New section 4 and heading substituted Section 4 and the heading above section 4 are repealed and the following heading and section substituted: “Independent Police Conduct Authority Independent Police Conduct Authority established There is an authority known as the Independent Police Con­ duct Authority.” Crown entity Section 4A(2) is amended by omitting “applies” in the second place where it appears and substituting “provides”.
Section 4A is amended by repealing subsections (3) and (4) and substituting the following subsection: “(3) The members of the Authority are the board for the purposes of the Crown Entities Act 2004.” 9 New sections 5 to 5C substituted Section 5 is repealed and the following sections are substi­ tuted: “5 Membership of Authority “(1) The Authority consists of up to 5 members appointed by the Governor­General on the recommendation of the House of Representatives.
“(2) Subsection (1) applies despite section 28(1)(b) of the Crown Entities Act 2004.

“5A Chairperson of Authority “(1) The Governor­General, on the recommendation of the House of Representatives, must appoint 1 member as the chairperson of the Authority.

4 2007 No 38 Independent Police Conduct Authority Amendment Act 2007 Part 2 s 10 “(2) A person appointed as the chairperson of the Authority must be a Judge or a retired Judge.
“(3) Subsection (1) applies despite clause 1(2) of Schedule 5 of the Crown Entities Act 2004.

“5B Appointment of Judge as member of Authority “(1) The appointment of a Judge as a member of the Authority does not affect his or her judicial ofﬁce, rank, title, status, prece­ dence, salary, annual or other allowances, or other rights or privileges that he or she has as a Judge, including matters re­ lating to superannuation.
“(2) The time a Judge serves as a member of the Authority must be taken as service as a Judge.

“5C Resignation of member “(1) A member may resign from ofﬁce by written notice to the Gov­ ernor­General (with a copy to the Authority) signed by the member.

“(2) The resignation is effective on receipt by the Governor­Gen­ eral of the notice or at any later time speciﬁed in the notice.
“(3) This section applies despite section 44 of the Crown Entities Act 2004.” 10 New sections 6 and 7 substituted Sections 6 and 7 are repealed and the following sections sub­ stituted: Power to remove or suspend members “6 “(1) Section 42 of the Crown Entities Act 2004 applies to any mem­ ber who is a Judge.

“(2) Section 39(1) of the Crown Entities Act 2004 does not apply “(3) “(4) to any member.
Instead, any member who is not a Judge may be removed for just cause by the Governor­General acting upon an address from the House of Representatives.

Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.

5 Part 2 s 11 Independent Police Conduct Authority Amendment Act 2007 2007 No 38 “7 “(1) Filling of vacancy If a vacancy occurs in the membership of the Authority, the Governor­General, on the recommendation of the House of Representatives, may appoint a successor.
“(2) Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in ses­ sion, and the House of Representatives has not recommended an appointment to ﬁll the vacancy, the Governor­General in Council may appoint a successor at any time before the com­ mencement of the next ensuing session of Parliament.
“(3) An appointment made under subsection (2) lapses, and the ofﬁce again becomes vacant, unless the appointment is con­ ﬁrmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.” 11 12 13 Section 8 repealed Section 8 is repealed.

Superannuation or retiring allowances Section 11 is amended by omitting “the Authority and the Deputy Authority” and substituting “members of the Author­ ity”.
Functions of Authority Section 12 is amended by inserting the following subsection after subsection (2): “(2A) The Authority may receive complaints relating to a matter speciﬁed in subsection (1)(a) that occurred before, on, or after 1 April 1989.” Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm Section 13 is amended by omitting “the member’s” and sub­ stituting “his or her”.
14 6 2007 No 38 Independent Police Conduct Authority Amendment Act 2007 Part 2 s 18 15 Mode of complaint Section 14(5)(b) is amended by omitting “Mental Health Act 1969” and substituting “Mental Health (Compulsory Assess­ ment and Treatment) Act 1992”.

16 (1) (2) Duty of Commissioner to notify Authority of complaints Section 15 is amended by omitting “as soon as practicable”.
Section 15 is amended by adding the following subsection as subsection (2): “(2) Notiﬁcation must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.” 17 (1) Action upon receipt of complaint Section 17(1) is amended by inserting the following paragraph after paragraph (a): “(ab) refer the complaint to the police for investigation by the po­ (2) (3) lice:”.

Section 17(1)(b) is amended by adding “undertaken on behalf of the Authority”.
Section 17(1) is amended by inserting the following paragraph after paragraph (c): “(ca) defer action until the receipt of a report from the Commis­ sioner following a criminal investigation or a disciplinary in­ vestigation, or both, initiated and undertaken by the police:”.

Section 17(2A)(b) is amended by inserting “or paragraph (ca)” after “(c)”.

(4) 18 (1) (2) “(v) Authority may decide to take no action on complaint Section 18(1)(b)(i) is amended by omitting “trivial” and sub­ stituting “minor”.
Section 18(1)(b) is amended by repealing paragraph (v) and substituting the following paragraph: there is, or was, in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives, that it would be reasonable, or would have been reasonable, for the person alleged to be aggrieved to ex­ ercise.” 7 Part 2 s 19 Independent Police Conduct Authority Amendment Act 2007 2007 No 38 19 (1) Proceedings of Authority Section 23(3) is amended by inserting the following paragraph after paragraph (b): “(ba) the Authority may, in deciding whether to hold a hearing, have regard to whether any of the following are pending or are rea­ sonably in contemplation: “(i) “(ii) Section 23 is amended by adding the following subsections: civil, criminal, or disciplinary proceedings: a coroner’s inquest:”.
(2) “(5) The Authority has, for the purposes of any hearing under sub­ section (3), the same powers as are conferred on Commissions of Inquiry by sections 4 and 4B to 9 of the Commissions of In­ quiry Act 1908, with all necessary modiﬁcations.

“(6) Sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908 apply to all persons involved in any capacity in a hearing under subsection (3) as if the inquiry were being conducted by a Commission under that Act.
If there is any inconsistency between a provision of this Act and a provision of the Commissions of Inquiry Act 1908 re­ ferred to in subsection (5) or (6), the provision of this Act pre­ vails.” “(7) Protection and privileges of witnesses, etc Section 25(5) is amended by omitting “where” in the second place where it appears and substituting “were”.

Implementation of recommendations of Authority Section 29(2) is amended by omitting “may” and substituting “must”.
Authority and staff to maintain secrecy Section 32(1) is amended by inserting “every member of the Authority,” after “The Authority,” Section 32(3) is repealed.
Proceedings privileged Section 33(1) is amended by repealing paragraphs (a) and (b) and substituting the following paragraphs: 20 21 22 (1) (2) 23 8 2007 No 38 Independent Police Conduct Authority Amendment Act 2007 Part 2 s 25 “(a) “(b) 24 25 no proceedings, whether civil or criminal, may lie against the Authority, any member of the Authority, or any person holding any ofﬁce or appointment under the Authority, for anything done or said by them in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that they acted in bad faith: the Authority, members of the Authority, and any person hold­ ing ofﬁce or appointment under the Authority must not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their know­ ledge in the exercise of their functions under this Act.” Offences Section 37 is amended by omitting “other” in each place where it appears.
New sections 40 to 48 and heading substituted Section 40 is repealed and the following heading and sections are substituted: “Transitional provisions “40 Complaints made to Police Complaints Authority Any complaint made to the Police Complaints Authority be­ fore the commencement of the Independent Police Conduct Authority Amendment Act 2007 that had not been ﬁnally dealt with before the commencement of that Act must be dealt with by the Authority under this Act (as amended by the Independ­ ent Police Conduct Authority Amendment Act 2007), whether or not any action was taken in relation to the complaint before the commencement of the Independent Police Conduct Au­ thority Amendment Act 2007.
“41 Police Complaints Authority is chairperson “(1) The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007, held ofﬁce as the Police Complaints Authority under section 4(2) of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007) is taken to have been appointed to the 9 Part 2 s 25 Independent Police Conduct Authority Amendment Act 2007 2007 No 38 ofﬁce of chairperson of the Authority under section 5A(1) of this Act (as substituted by section 9 of the Independent Police Conduct Authority Amendment Act 2007).
“(2) The person who is taken to have been appointed as the chair­ person of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 4(2) of this Act (as it read immediately before the commence­ ment of the Independent Police Conduct Authority Amend­ ment Act 2007).
“42 Deputy Police Complaints Authority is member of Authority “(1) The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007, held ofﬁce as a Deputy Police Complaints Authority under section 8 of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007) is taken to have been appointed as a member of the Authority under section 5(1) of this Act (as substituted by section 9 of the Independent Police Conduct Authority Amendment Act 2007).
“(2) The person who is taken to have been appointed as a member of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 8 of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007).
“43 Employees and ofﬁcers transferred to Authority “(1) Every employee or ofﬁcer appointed by the Police Complaints Authority immediately before the commencement of the Inde­ pendent Police Conduct Authority Amendment Act 2007 is, on and from that date, an employee or ofﬁcer of the Authority on the same terms and conditions that applied to the employee or ofﬁcer immediately before that date.
“(2) For the purposes of every enactment, law, contract, and agree­ ment relating to the employment of the employee or ofﬁcer,— 10 2007 No 38 Independent Police Conduct Authority Amendment Act 2007 Part 2 s 25 “(a) “(b) the contract of employment of that employee or ofﬁcer is taken to be unbroken; and the employee’s or ofﬁcer’s period of service with the Police Complaints Authority and every other period of service of that employee or ofﬁcer that was recognised by the Police Complaints Authority as continuous ser­ vice is taken to have been a period of service with the Authority.
“(3) A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an em­ ployee or ofﬁcer of the Police Complaints Authority.
“44 References to Police Complaints Authority On the commencement of the Independent Police Conduct Au­ thority Amendment Act 2007, unless the context otherwise re­ quires, every reference to the Police Complaints Authority in any contract or other instrument, document, or notice must be read as a reference to the Independent Police Conduct Author­ ity.
“45 Proceedings to which Police Complaints Authority party Any proceedings to which the Police Complaints Authority was a party or that the Police Complaints Authority was con­ sidering bringing before the commencement of the Independ­ ent Police Conduct Authority Amendment Act 2007 may be brought, continued, completed, and enforced by or against the Authority.
“46 Assets and liabilities vest in Authority On the commencement of the Independent Police Conduct Au­ thority Amendment Act 2007, the assets and liabilities of the Police Complaints Authority vest in the Authority.
“47 Authority must arrange annual report and accounts The Authority must perform the reporting requirements, and comply with the reporting obligations, relating to annual ﬁnan­ cial statements, annual reports, and audits that the Police Com­ plaints Authority would have performed and complied with 11 Part 3 s 26 Independent Police Conduct Authority Amendment Act 2007 2007 No 38 under the Police Complaints Authority Act 1988, the Crown Entities Act 2004, the Public Finance Act 1989, and any other enactment.
“48 Obligations and rights concerning Commission of Inquiry into Police Conduct unchanged On the commencement of the Independent Police Conduct Au­ thority Amendment Act 2007, the obligations, duties, rights, and powers of the Police Complaints Authority under the Po­ lice Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 must be performed by, may be exercised by, or apply to, the Authority.” Part 3 Consequential amendments 26 27 (1) (2) Amendments to other Acts The Acts speciﬁed in the Schedule are amended in the manner set out in that schedule.
Amendment to Corrections Regulations 2005 This section amends the Corrections Regulations 2005.

Regulation 168 is amended by omitting “Police Complaints” and substituting “Independent Police Conduct”.

Schedule Consequential amendments to other Acts s 26 Children’s Commissioner Act 2003 (2003 No 121) Section 19(4)(f): omit “Police Complaints” and substitute “Inde­ pendent Police Conduct”.

Section 23(3)(f): omit “Police Complaints” and substitute “Inde­ pendent Police Conduct”.
12 2007 No 38 Independent Police Conduct Authority Amendment Act 2007 Schedule Coroners Act 1988 (1988 No 111) Section 29(3)(b)(i): omit “Police Complaints” in each place where it appears and substitute in each case “Independent Police Conduct”.

Coroners Act 2006 (2006 No 38) Paragraph (1) of the deﬁnition of other investigating authority in sec­ tion 9: omit “Police Complaints” in each place where it appears and substitute in each case “Independent Police Conduct”.
Section 72(a): omit “Police Complaints” in each place where it ap­ pears and substitute in each case “Independent Police Conduct”.

Corrections Act 2004 (2004 No 50) Section 3(1): insert in its appropriate alphabetical order: “Independent Police Conduct Authority includes any employee of the Authority.” Paragraph (i) of the deﬁnition of ofﬁcial agency in section 3(1): omit “Police Complaints” and substitute “Independent Police Conduct”.

Deﬁnition of Police Complaints Authority in section 3(1): repeal.
Section 114(2)(c)(vi): omit “Police Complaints” and substitute “In­ dependent Police Conduct”.

Crimes of Torture Act 1989 (1989 No 106) Paragraph (b) of the deﬁnition of National Preventive Mechanism in section 16: omit “Police Complaints” and substitute “Independent Police Conduct”.

Crown Entities Act 2004 (2004 No 115) Section 131(1): omit “Police Complaints” and substitute “Independ­ ent Police Conduct”.
13 Schedule Independent Police Conduct Authority Amendment Act 2007 2007 No 38 Section 131(2): omit “Police Complaints” and substitute “Independ­ ent Police Conduct”.

First column of Part 3 of Schedule 1: insert the following item in its appropriate alphabetical order: Independent Police Conduct Authority First column of Part 3 of Schedule 1: omit the item relating to the Police Complaints Authority.
Ombudsmen Act 1975 (1975 No 9) Item relating to Crown entities within the meaning of section 7 of the Crown Entities Act 2004 (other than the Police Complaints Author­ ity) in Part 2 of Schedule 1: omit “Police Complaints” and substitute “Independent Police Conduct”.

Police Act 1958 (1958 No 109) Section 6(5)(d): omit “Police Complaints” and substitute “Independ­ ent Police Conduct”.
Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 (2004 No 37) Section 3: omit “Police Complaints” and substitute “Independent Po­ lice Conduct”.

Deﬁnition of instruction communication in section 4: omit “sec­ tions 17(1)(b) or (c)” and substitute “section 17(1)(ab), (b), (c), or (ca)”.
Paragraph (a) of the deﬁnition of restricted matter in section 4: omit “person holding ofﬁce as the Authority or the Deputy Authority, or as” and substitute “member of the Authority, or”.

New subsection (2A) set out in section 6: insert “a member of the Authority,” after “the Authority,” in the ﬁrst place where it appears.
14 2007 No 38 Independent Police Conduct Authority Amendment Act 2007 Protected Disclosures Act 2000 (2000 No 7) Paragraph (a)(vii) of the deﬁnition of appropriate authority in sec­ tion 3: omit “Police Complaints” and substitute “Independent Police Conduct”.
Remuneration Authority Act 1977 (1977 No 110) Schedule 4: omit the item relating to the Police Complaints Author­ ity and the Deputy Police Complaints Authority and substitute the following item: “• The members of the Independent Police Conduct Authority” Victims’ Rights Act 2002 (2002 No 39) Section 49(2)(c): omit “Police Complaints” in each place where it appears and substitute in each case “Independent Police Conduct”.
4 December 2002 20 February 2003 17 November 2003 5 May 2005 4 September 2007 6 September 2007 Legislative history Introduction (Bill 18­1) First reading and referral to Law and Order Committee Reported from Law and Order Committee (Bill 18­2) Second reading Committee of the whole House (Bill 18­3) Third reading 15