Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832699312.pdf (New Zealand)
Reprint as at 1 October 2008 Independent Police Conduct Authority Act 1988 Public Act Date of assent 1988 No 2 10 March 1988 Contents Title Short Title and commencement Interpretation Act to bind the Crown Independent Police Conduct Authority Independent Police Conduct Authority established Crown entity Independence 1 2 3 4 4A 4AB Page 3 3 4 4 4 5 5 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Justice.
1 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 Membership of Authority Chairperson of Authority Appointment of Judge as member of Authority Resignation of member Power to remove or suspend members Filling of vacancy Deputy Police Complaints Authority [Repealed] Salaries and allowances [Repealed] Staff [Repealed] Superannuation or retiring allowances Funds of Authority [Repealed] Bank accounts [Repealed] Accounts and audit [Repealed] 5 5A 5B 5C 11A 11B 11C 11CA Crown entity [Repealed] 11D 11E Investment of money [Repealed] Exemption from income tax Functions of Authority Functions of Authority Duty of Commissioner to notify Authority of certain incidents involving death or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 Duty of Authority to notify Commissioner of complaints Action upon receipt of complaint Authority may decide to take no action on complaint Subsequent powers in relation to complaint Duty of Commissioner to report to Authority on Police investigation of complaint Commissioner to provide information and assistance at request of Authority Power of Police to investigate complaints and other matters Proceedings of Authority Proceedings of Authority Powers of Authority in relation to investigations Protection and privileges of witnesses, etc Disclosure of certain matters not to be required Procedure on completion of investigation Procedure after investigation by Authority Procedure after investigation by Police Implementation of recommendations of Authority Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 30 31 32 33 34 35 36 37 38 38A 39 40 41 42 43 44 45 46 47 48 Parties to be informed of progress and result of investigation Adverse comment Miscellaneous provisions Authority and staff to maintain secrecy Proceedings privileged Publication of
 reports by Authority and by Commissioner Annual report [Repealed] Delegation of powers by Authority [Repealed] Offences Money to be appropriated by Parliament for purposes of this Act [Repealed] Crimes of Torture Act 1989 not limited Amendments to other Acts [Repealed] Transitional provisions 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 s 1 21 21 21 22 24 24 24 25 25 25 25 26 26 26 27 28 28 28 28 29 An Act to make better provision for the investigation and resolution of complaints against the Police by establishing the Independent Police Conduct Authority Title: amended, on 29 November 2007, by section 4 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) Short Title and commencement This Act may be cited as the Independent Police Conduct Authority Act 1988.

3 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 This Act shall come into force on a date to be ﬁxed by the Governor­General by Order in Council.

Section 1(1): Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
amended, on 29 November 2007, by section 5(2) of the the chairperson of Interpretation In this Act, unless the context otherwise requires,— Authority means the Independent Police Conduct Authority established under section 4 chairperson means appointed under section 5A(1).

Commissioner means the Commissioner of Police appointed under the Policing Act 2008 member means a member of the Authority appointed under section 5(1); and includes the chairperson.
Section 2 Authority: substituted, on 29 November 2007, by section 6(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

the Authority Section 2 chairperson: inserted, on 29 November 2007, by section 6(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 2 Commissioner: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 2 Deputy Authority: repealed, on 29 November 2007, by section 6(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 2 member: added, on 29 November 2007, by section 6(3) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Act to bind the Crown This Act shall bind the Crown.
Independent Police Conduct Authority Heading: substituted, on 29 November 2007, by section 7 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Independent Police Conduct Authority established There is an authority known as the Independent Police Con­ duct Authority.

Section 4: substituted, on 29 November 2007, by section 7 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
s 2 (2) 2 3 4 4 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 4 s 5 4A Crown entity (1) (2) (3) (4) The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.

The members of the Authority are the board for the purposes of the Crown Entities Act 2004.
[Repealed] Sections 4A and 4AB were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Section 4A(2): amended, on 29 November 2007, by section 8(1) of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 4A(3): substituted, on 29 November 2007, by section 8(2) of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 4A(4): repealed, on 29 November 2007, by section 8(2) of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).

4AB Independence Except as expressly provided in this or any other Act, the Authority must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— (a) (b) this Act; and any other Act that expressly provides for the functions, powers, or duties of the Authority (other than the Crown Entities Act 2004).
Sections 4A and 4AB were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

5 (1) (2) Membership of Authority The Authority consists of up to 5 members appointed by the Governor­General on the recommendation of the House of Representatives.

Subsection (1) applies despite section 28(1)(b) of the Crown Entities Act 2004.

Section 5: substituted, on 29 November 2007, by section 9 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
5 Part 4 s 5A Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 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.

(2) A person appointed as the chairperson of the Authority must (3) be a Judge or a retired Judge.

Subsection (1) applies despite clause 1(2) of Schedule 5 of the Crown Entities Act 2004.
Section 5A: inserted, on 29 November 2007, by section 9 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

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.
The time a Judge serves as a member of the Authority must be taken as service as a Judge.

Section 5B: inserted, on 29 November 2007, by section 9 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

(2) (2) 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.
The resignation is effective on receipt by the Governor­Gen­ eral of the notice or at any later time speciﬁed in the notice.

This section applies despite section 44 of the Crown Entities Act 2004.

Section 5C: inserted, on 29 November 2007, by section 9 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

(3) Power to remove or suspend members Section 42 of the Crown Entities Act 2004 applies to any mem­ ber who is a Judge.
Section 39(1) of the Crown Entities Act 2004 does not apply to any member.

6 (1) (2) 6 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 4 s 9 (3) (4) 7 (1) 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.
Section 6: substituted, on 29 November 2007, by section 10 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

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.

Section 7: substituted, on 29 November 2007, by section 10 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
8 9 Deputy Police Complaints Authority [Repealed] Section 8: repealed, on 29 November 2007, by section 11 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Salaries and allowances [Repealed] Subsection (1)(a) was amended, as from 1 July 1992, by section 4 Higher Salaries Commission Amendment Act (No 2) 1992 (1992 No 130) by substi­ tuting the words “Such remuneration” for the words “A salary at such rate”.

See section 5 of that Act for the savings provisions.
Subsection (1) was amended, as from 1 April 2003, by section 4(1) Remuner­ ation Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words “Remuneration Authority” for the words “Higher Salaries Commission” in both places where they appear.

7 Part 4 s 10 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 10 11 Sections 9 and 10 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Staff [Repealed] Section 10(3) was amended, as from 19 December 1984, by section 33(1) State Sector Amendment Act 1989 (1989 No 136) by substituting the reference to the “State Services Commissioner” for the reference to the “State Service Com­ mission”.

Section 10(4) was amended, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 20) by substituting the reference to the “State Sector Act 1988” for a reference to the “State Services Act 1962”.
Sections 9 and 10 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Superannuation or retiring allowances For the purpose of providing a superannuation fund or retiring allowance for members of the Authority, sums by way of sub­ sidy may from time to time be paid into any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
Section 11 was substituted, as from 1 July 1992, by section 4 Higher Salaries Commission Amendment (No 2) 1992 (1992 No 130).

See section 5 of that Act for the savings provisions.

Section 11: amended, on 29 November 2007, by section 12 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 11 was amended, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115) by substituting the words “the Authority and the Deputy Authority” for the words “the Authority, the Deputy Authority, and any ofﬁcer or employee of the Authority”.

11A Funds of Authority [Repealed] Sections 11A to 11E were inserted, as from 1 April 1989, by section 2 Police Complaints Authority Amendment Act 1988 (1988 No 207).
Sections 11A to 11D were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

11B Bank accounts [Repealed] Sections 11A to 11E were inserted, as from 1 April 1989, by section 2 Police Complaints Authority Amendment Act 1988 (1988 No 207).

8 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 12 s 12 Sections 11A to 11D were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
11C Accounts and audit [Repealed] Sections 11A to 11E were inserted, as from 1 April 1989, by section 2 Police Complaints Authority Amendment Act 1988 (1988 No 207).

Subsection (1) was substituted, and a new subsection (2) inserted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

Subsections (2) to (5) were repealed, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).
Sections 11A to 11D were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

11CA Crown entity [Repealed] Section 11CA was inserted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).

Sections 11A to 11D were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
11D Investment of money [Repealed] Sections 11A to 11E were inserted, as from 1 April 1989, by section 2 Police Complaints Authority Amendment Act 1988 (1988 No 207).

Sections 11A to 11D were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

11E Exemption from income tax The income of the Authority shall be exempt from income tax.

Sections 11A to 11E were inserted, as from 1 April 1989, by section 2 Police Complaints Authority Amendment Act 1988 (1988 No 207).
Functions of Authority 12 (1) Functions of Authority The functions of the Authority shall be— (a) To receive complaints— (i) Alleging any misconduct or neglect of duty by any Police employee; or 9 Part 12 s 13 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 (ii) Concerning any practice, policy, or procedure of the Police affecting the person or body of persons making the complaint in a personal capacity: (c) (b) To investigate of its own motion, where it is satisﬁed that there are reasonable grounds to carry out an inves­ tigation in the public interest, any incident involving death or serious bodily harm notiﬁed to the Authority by the Commissioner under section 13 of this Act: To take such action in respect of complaints, incidents, and other matters as is contemplated by this Act.
In the course of taking action in respect of any complaint the Authority may investigate any apparent misconduct or neglect of duty by a Police employee, or any Police practice, policy, or procedure, which appears to the Authority to relate to the complaint, notwithstanding that the complaint itself does not refer to that misconduct, neglect, practice, policy, or proced­ ure.
(2) (2A) The Authority may receive complaints relating to a matter spe­ ciﬁed in subsection (1)(a) that occurred before, on, or after 1 April 1989.

(3) Nothing in subsection (1) of this section shall authorise the Authority to investigate any matter relating to the terms and conditions of service of any person as a Police employee.

Section 12(1)(a)(i): amended, on 1 October 2008, by section 130(1) of the Polic­ ing Act 2008 (2008 No 72).
Section 12(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 12(2A): inserted, on 29 November 2007, by section 13 of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 12(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm Where a Police employee acting in the execution of his or her duty causes, or appears to have caused, death or serious bodily harm to any person, the Commissioner shall as soon as practic­ able give to the Authority a written notice setting out particu­ lars of the incident in which the death or serious bodily harm was caused.
13 10 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 12 s 15 Section 13: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 13: amended, on 29 November 2007, by section 14 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

14 Mode of complaint (1) A complaint may be made either orally or in writing.

(2) A complaint made orally shall be reduced to writing as soon as practicable.
(3) A complaint may be made to the Authority, to any Police em­ ployee, to an Ombudsman, or, where the complaint is in writ­ ing, to the Registrar or Deputy Registrar of any District Court.

(4) Any Ombudsman or Registrar or Deputy Registrar to whom a complaint is made shall forward it to the Authority as soon as practicable.
(5) Notwithstanding any provision in any enactment, where any letter appearing to be written by or on behalf of— (a) A person in custody on a charge or after conviction of any offence; or (b) A patient of any hospital within the meaning of the Mental Health (Compulsory Assessment and Treat­ ment) Act 1992,— is addressed to the Authority, the person for the time being in charge of the place or institution where the person is in custody or is a patient shall immediately forward the letter, unopened, to the Authority.
Section 14(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 14(5)(b): amended, on 29 November 2007, by section 15 of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).

15 (1) Duty of Commissioner to notify Authority of complaints The Commissioner shall notify the Authority of every com­ plaint received by the Police, other than a complaint notiﬁed to the Commissioner by the Authority.
(2) Notiﬁcation must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.

Section 15(1): amended, on 29 November 2007, by section 16(1) of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).

11 Part 12 s 16 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 Section 15(2): added, on 29 November 2007, by section 16(2) of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).
16 Duty of Authority to notify Commissioner of complaints The Authority shall notify the Commissioner as soon as prac­ ticable of every complaint received by it, other than a com­ plaint notiﬁed to it by the Commissioner.
Action upon receipt of complaint 17 (1) On receiving or being notiﬁed of a complaint under this Act, the Authority may do all or any of the following: (a) Investigate the complaint itself, whether or not the Po­ lice have commenced a Police investigation: refer the complaint to the police for investigation by the police: (ab) (c) (ca) (b) Defer action until the receipt of a report from the Com­ missioner on a Police investigation of the complaint undertaken on behalf of the Authority: Oversee a Police investigation of the complaint: defer action until the receipt of a report from the Com­ missioner following a criminal investigation or a discip­ linary investigation, or both, initiated and undertaken by the police: (d) Decide, in accordance with section 18 of this Act, to take no action on the complaint.
(2) Subject to subsection (2A) of this section, the Authority shall, as soon as practicable, advise the Commissioner and the com­ plainant of the procedure it proposes to adopt under subsection (1) of this section.
(2A) Where— (a) (b) (c) A complaint is made to the Police; and The Authority decides to adopt the procedure provided for in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (ca) of subsection (1) of this section; and The Authority is satisﬁed that the Police will inform the complainant of the procedure to be followed,— the Authority is not required to inform the complainant in ac­ cordance with subsection (2) of this section of the procedure it proposes to follow.
12 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 12 s 18 (3) Where any complaint appears to the Authority to be capable of resolution by conciliation, it may indicate that view to the Commissioner.

Section 17(1)(ab): inserted, on 29 November 2007, by section 17(1) of the In­ dependent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 17(1)(b): amended, on 29 November 2007, by section 17(2) of the In­ dependent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 17(1)(ca): inserted, on 29 November 2007, by section 17(3) of the In­ dependent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Subsection (2) was substituted, and subsection (2A) was inserted, as from 1 July 1994, by section 2 Police Complaints Authority Amendment Act 1994 (1994 No 53).
Section 17(2A)(b): amended, on 29 November 2007, by section 17(4) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 17(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
18 (1) Authority may decide to take no action on complaint The Authority may in its discretion decide to take no action, or, as the case may require, no further action, on any complaint if— (a) The complaint relates to a matter of which the person alleged to be aggrieved has had knowledge for more than 12 months before the complaint was made; or In the opinion of the Authority— (i) (ii) The subject­matter of the complaint is minor; or The complaint is frivolous or vexatious or is not made in good faith; or (b) (iii) The person alleged to be aggrieved does not de­ sire that action be taken or, as the case may be, continued; or (v) (iv) The identity of the complainant is unknown and investigation of the complaint would thereby be substantially impeded; or there is, or was, in all the circumstances an ad­ equate 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 exercise.
13 Part 12 s 19 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 The Authority may decide not to take any further action on a complaint if, in the course of the investigation of the complaint by the Authority or the Police, or as a result of the Commis­ sioner’s report on a Police investigation, it appears to the Au­ thority that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.
In any case where the Authority decides to take no action, or no further action, on a complaint, it shall inform the complainant of that decision and the reasons for it.

Section 18(1)(b)(i): amended, on 29 November 2007, by section 18(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 18(1)(b)(v): substituted, on 29 November 2007, by section 18(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Review a Police investigation of a complaint: Subsequent powers in relation to complaint The Authority may at any time— (a) (b) Decide to investigate a complaint itself: (c) Where it oversees a Police investigation, give such di­ rections to the Police concerning the investigation as it thinks ﬁt: (d) Direct the Police to re­open an investigation, and there­ (e) (f) after oversee the investigation: Direct the Police to reconsider their proposals for action on a complaint: Decide, in accordance with section 18 of this Act, to take no further action on the complaint: (g) Decide that no action by the Authority is required on the ground that it considers that the outcome of a Police investigation is satisfactory.
Duty of Commissioner to report to Authority on Police investigation of complaint The Commissioner shall as soon as practicable, and in no case later than 2 months, after the completion of a Police investiga­ tion of a complaint, report to the Authority— (a) Whether the complaint has been upheld and, if so, what action has been taken or is proposed to be taken to rec­ tify the matter: (2) (3) 19 20 (1) 14 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 23 s 23 (b) Whether the complaint has been settled by conciliation.
(2) When reporting to the Authority under this section, the Com­ missioner shall supply to the Authority accompanying mater­ ial sufﬁcient to enable the Authority to assess the adequacy of the Police investigation.

The Commissioner may consult the Authority on any Police proposals for action on a complaint before reporting to the Authority under this section.
(3) 21 (1) Commissioner to provide information and assistance at request of Authority The Commissioner shall, whenever the Authority so requests, provide to the Authority all such information and assistance as is necessary for the proper performance by the Authority of its functions in relation to its investigation of any complaint, incident, or other matter under this Act.
(2) Where the Authority oversees a Police investigation of a com­ plaint, the Commissioner shall, whenever the Authority so re­ quests, provide to the Authority— (a) Any or all information in the possession or under the control of the Police that is relevant to the complaint: (b) A report on the progress of the investigation.
22 Power of Police to investigate complaints and other matters (1) Nothing in this Act shall prevent the Commissioner from com­ mencing or continuing a Police investigation into any com­ plaint, incident, or other matter.

If, either before or after the commencement of a Police inves­ tigation, the Commissioner forms a view that the complaint, incident, or other matter should be investigated by the Author­ ity, the Commissioner may request the Authority to do so.
(2) Proceedings of Authority 23 (1) Proceedings of Authority Before proceeding to investigate any matter under this Act the Authority shall inform the Commissioner, the complainant (if any), and, unless the interests of justice otherwise require, any 15 Part 23 s 23 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 person alleged to be aggrieved (if not the complainant) of its intentions to make the investigation.
Every investigation by the Authority under this Act shall be conducted in private.
Subject to section 31 of this Act,— (a) The Authority may hear or obtain information from such persons as it thinks ﬁt, including, where it consid­ ers that cultural matters are a factor relevant to a com­ plaint or investigation, information from such persons as the Authority thinks have knowledge or experience in those matters: It shall not be necessary for the Authority to hold any hearing: the Authority may, in deciding whether to hold a hear­ ing, have regard to whether any of the following are pending or are reasonably in contemplation: (i) (ii) No person shall be entitled as of right to be heard by the Authority.
civil, criminal, or disciplinary proceedings: a coroner’s inquest: (b) (ba) (c) Subject to the provisions of this Act, the Authority may regu­ late its procedure in such manner as it thinks ﬁt.

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.
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.
Section 23(3)(ba): inserted, on 29 November 2007, by section 19(1) of the In­ dependent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Subsection (4) was inserted, as from 1 July 1994, by section 3 Police Complaints Authority Amendment Act 1994 (1994 No 53).
(2) (3) (4) (5) (6) (7) 16 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 23 s 25 Section 23(5): added, on 29 November 2007, by section 19(2) of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 23(6): added, on 29 November 2007, by section 19(2) of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 23(7): added, on 29 November 2007, by section 19(2) of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Powers of Authority in relation to investigations The Authority may require any person who in its opinion is able to give information relating to any matter under inves­ tigation by the Authority to furnish such information, and to produce such documents or things in the possession or under the control of that person, as in the opinion of the Authority are relevant to the subject­matter of the investigation.
The Authority may summon before it and examine on oath any person who in its opinion is able to give any information relat­ ing to the matter under investigation, and may for the purpose administer an oath to any person so summoned.

Every such examination by the Authority shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
Protection and privileges of witnesses, etc Except as provided in subsection (2) of this section and in sec­ tion 26(2) of this Act, every person shall have the same privil­ eges in relation to the giving of information to the Authority, the answering of questions put by the Authority, and the pro­ duction of documents and things to the Authority, as witnesses have in any Court.
24 (1) (2) (3) 25 (1) (2) Where the Authority requires any person to give any infor­ mation or produce any document or thing, and compliance with that requirement would breach an obligation of secrecy or non­disclosure imposed on that person by or under any en­ actment,— (a) The existence of the obligation shall not constitute a ground for refusal or failure to give the information or produce the document or thing, as the case may be; and Compliance with any such requirement is not a breach of the relevant obligation of secrecy or non­disclosure, (b) 17 Part 23 s 26 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 or of the enactment or provision by which that obliga­ tion is imposed.
(3) No person shall be liable to prosecution for an offence against any enactment, other than section 37 of this Act, by reason of that person’s compliance with any requirement of the Author­ ity under section 24 of this Act.
Except in proceedings for perjury within the meaning of the Crimes Act 1961 in respect of sworn testimony given before the Authority, or for an offence against section 37 of this Act,— (a) (4) No statement made or answer given by any person in the course of any investigation by or proceedings before the Authority shall be admissible in evidence against that or any other person in any Court or in any inquiry or other proceeding; and (b) No evidence in respect of proceedings before the Au­ thority shall be given against any person.
(5) Where the attendance of any person is required by the Author­ ity under section 24 of this Act, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a Court and, for the purpose,— (a) The provisions of any regulations in that behalf under the Summary Proceedings Act 1957 shall apply accord­ ingly; and The Authority shall have the powers of a Court under any such regulations to ﬁx or disallow, in whole or in part, or to increase, any amounts payable under the regulations.
(b) Section 25(5): amended, on 29 November 2007, by section 20 of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Disclosure of certain matters not to be required 26 (1) Where— (a) The Prime Minister certiﬁes that the giving of any in­ formation or the production of any document or thing might prejudice— (i) The security or defence of New Zealand, or the international relations of the Government of New Zealand; or 18 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 27 s 27 (b) (ii) Any interest protected by section 7 of the Ofﬁcial Information Act 1982 (which relates to the Cook Islands, Niue, Tokelau, and the Ross Depend­ ency); or The Attorney­General certiﬁes that the giving of any in­ formation or the production of any document or thing— (i) Might prejudice the prevention, investigation, or detection of offences; or (ii) Might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or conﬁdential nature, and such disclosure would be injurious to the public interest,— (2) the Authority shall not require the information to be given, or, as the case may be, the document or thing to be produced.
Except as provided in subsection (1) of this section, the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest, shall not apply in respect of any investigation by or proceedings before the Authority.
Procedure on completion of investigation Procedure after investigation by Authority 27 (1) Where the Authority itself undertakes an investigation under this Act it shall form an opinion on whether or not any deci­ sion, recommendation, act, omission, conduct, policy, prac­ tice, or procedure which was the subject­matter of the inves­ tigation was contrary to law, unreasonable, unjustiﬁed, unfair, or undesirable.
The Authority shall convey its opinion, with reasons, to the Commissioner, and may make such recommendations as it thinks ﬁt, including a recommendation that disciplinary or criminal proceedings be considered or instituted against any Police employee.

Section 27(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
(2) 19 Part 27 s 28 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 Procedure after investigation by Police 28 (1) Where the Commissioner reports to the Authority, pursuant to section 20 of this Act, on a Police investigation of a com­ plaint, the Authority shall form an opinion on whether or not any decision, recommendation, act, omission, conduct, pol­ icy, practice, or procedure which was the subject­matter of the investigation was contrary to law, unreasonable, unjustiﬁed, unfair, or undesirable.
(2) After considering the Commissioner’s report and forming its opinion, the Authority— (a) Shall indicate to the Commissioner whether or not it agrees with the Commissioner’s decision or proposed decision in respect of the complaint: (b) May, where it disagrees with the Commissioner’s de­ cision or proposed decision, make such recommenda­ tions, supported by reasons, as it thinks ﬁt, including a recommendation that disciplinary or criminal proceed­ ings be considered or instituted against any Police em­ ployee.
Section 28(2)(b): amended, on 1 October 2008, by section 130(1) of the Polic­ ing Act 2008 (2008 No 72).
Implementation of recommendations of Authority The Commissioner shall, as soon as reasonably practicable af­ ter receiving any recommendation of the Authority under sec­ tion 27(2) or section 28(2) of this Act,— (a) Notify the Authority of the action (if any) proposed to be taken to give effect to the recommendation; and (b) Give reasons for any proposal to depart from, or not to implement, any such recommendation.
If, within a reasonable time after a recommendation is made, no action is taken which seems to the Authority to be ad­ equate and appropriate, the Authority must, after considering any comments made by the Commissioner,— (a) Send a copy of its opinion and recommendations on the matter, together with the comments of the Commis­ sioner, to the Attorney­General and the Minister of Po­ lice; and 29 (1) (2) 20 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 32 s 32 (3) 30 31 32 (1) (b) Where it considers it appropriate, transmit to the Attor­ ney­General for tabling in the House of Representatives such report on the matter as it thinks ﬁt.
The Attorney­General shall, as soon as practicable after re­ ceiving a report under subsection (2)(b) of this section, lay the report before the House of Representatives.

Section 29(2): amended, on 29 November 2007, by section 21 of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Parties to be informed of progress and result of investigation Where the Authority investigates a complaint, it shall— (a) (b) Conduct the investigation with due expedition; and If it seems appropriate, inform the complainant and the Commissioner of the progress of the investigation; and In every case inform the parties concerned, as soon as reasonably practicable after the conclusion of the inves­ tigation, and in such manner as it thinks proper, of the result of the investigation.
(c) Adverse comment The Authority shall not, in any opinion or recommendation given under section 27 or section 28 of this Act, or in any report made or published under section 29 or section 34 of this Act, make any comment that is adverse to any person unless that person has been given a reasonable opportunity to be heard.
Miscellaneous provisions Authority and staff to maintain secrecy The Authority, every member of the Authority, and every per­ son holding any ofﬁce or appointment under the Authority, shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions, and shall not communicate any such matter to any person except for the purpose of carrying out their functions under or giving effect to this Act.
21 Part 32 s 33 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 (2) Notwithstanding subsection (1) of this section, the Authority may disclose such matters as in the opinion of the Authority ought to be disclosed— (a) For the purposes of carrying out an investigation or other duty of the Authority under this Act; or In order to establish grounds for the Authority’s conclu­ sions and recommendations,— (b) other than any matter which is likely to prejudice any of the interests described in subsection (1) of section 26 of this Act, whether or not any certiﬁcate has been given under that sub­ section.
[Repealed] Subsection (1) applies to a person employed by Archives New Zealand (Te Rua Mahara o te Kawanatanga) or by or in a repos­ itory approved under section 26 of the Public Records Act 2005, and who has access to public records in respect of which the Authority is subject to an obligation of secrecy under this section.

Section 32(1): amended, on 29 November 2007, by section 22(1) of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 32(3): repealed, on 29 November 2007, by section 22(2) of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Subsection (4) was inserted, as from 21 April 2005, by section 67(1) Public Records Act 2005 (2005 No 40).
Proceedings privileged Subject to subsection (2) of this section,— (a) 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 per­ son holding 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 any­ thing coming to their knowledge in the exercise of their functions under this Act.
(b) (3) (4) 33 (1) 22 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 32 s 33 (2) Nothing in subsection (1) of this section applies in respect of proceedings for— (a) (b) An offence against section 78 or section 78A(1) or sec­ tion 105 or section 105A of the Crimes Act 1961; or The offence of conspiring to commit an offence against section 78 or section 78A(1) or section 105 or section 105A of the Crimes Act 1961; or The offence of attempting to commit an offence against section 78 or section 78A(1) or section 105 or section 105A of the Crimes Act 1961; or (d) An offence against section 37 of this Act.
(c) (3) Anything said or any information given or any document or thing produced by any person in the course of any investi­ gation by or proceedings before the Authority under this Act shall be privileged in the same manner as if the investigation or proceedings were proceedings in a Court.
For the purposes of clause 3 of Part 2 of Schedule 1 to the Defamation Act 1992,— (a) Any report, opinion, or recommendation given by the Authority under section 27 or section 28 or section 29 of this Act; and (4) (5) (6) (b) Any report published by the Authority or the Commis­ sioner under section 34 of this Act,— shall be deemed to be an ofﬁcial report made by a person hold­ ing an inquiry under the authority of the Government of New Zealand.
This section applies despite section 121 of the Crown Entities Act 2004.

Sections 59(3) and 60 of the Crown Entities Act 2004 do not apply unless the entity bringing the action, or the person mak­ ing the application, shows that the member, employee, or of­ ﬁce holder of the Authority acted in bad faith.

Section 33(1)(a): substituted, on 29 November 2007, by section 23 of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 33(1)(b): substituted, on 29 November 2007, by section 23 of the Inde­ pendent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Subsection (4) was amended (as from 1 February 1993) by section 56(1) Defamation Act 1992 (1992 No 105) by substituting the words “clause 3 of Part 2 Act 1992” for the words “clause 5 of Schedule 1 to the Defamation Act 1954”.
23 Part 32 s 34 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 Subsections (5) and (6) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
34 (1) (2) (3) Publication of reports by Authority and by Commissioner The Authority may from time to time, in the public interest or in the interests of any person, publish reports relating to— (a) The general exercise of its functions under this Act; or (b) Any particular case or cases in relation to which it has exercised its functions under this Act,— whether or not the matters dealt with in the report have been the subject of a report to the Attorney­General and the Minister of Police, or to the House of Representatives, under section 29 of this Act.
The Commissioner may, after receiving from the Authority any opinion or recommendation given under section 27 or sec­ tion 28 of this Act, publish all or any part of the opinion or recommendation.

In determining the desirability or extent of publication under subsection (2) of this section, the Commissioner shall take into account any recommendation of the Authority concern­ ing publication.
(4) Neither the Authority nor the Commissioner shall, in any re­ port published under this section, disclose any matter which is likely to prejudice any of the interests described in subsection (1) of section 26 of this Act, whether or not any certiﬁcate has been given under that subsection.

Annual report [Repealed] Subsection (2) was substituted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).
Sections 35 and 36 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Delegation of powers by Authority [Repealed] Sections 35 and 36 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
35 36 24 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 32 s 39 37 Offences Every person commits an offence under this Act and is liable on summary conviction to a ﬁne not exceeding $2,000 who,— (a) Without reasonable excuse, obstructs, hinders, or re­ sists the Authority or any person in the exercise of their powers under this Act: (b) Without reasonable excuse, refuses or fails to comply with any requirement of the Authority or any person under this Act: (c) Makes any statement or gives any information to the Authority, or to any person exercising powers under this Act, knowing that the statement or information is false or misleading.
Section 37(a): amended, on 29 November 2007, by section 24 of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 37(b): amended, on 29 November 2007, by section 24 of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 37(c): amended, on 29 November 2007, by section 24 of the Independ­ ent Police Conduct Authority Amendment Act 2007 (2007 No 38).
38 Money to be appropriated by Parliament for purposes of this Act [Repealed] Sections 38 and 39 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

38A Crimes of Torture Act 1989 not limited Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

Section 38A was inserted, as from 5 December 2006, by section 14 Crimes of Torture Amendment Act 2006 (2006 No 68).
39 Amendments to other Acts [Repealed] Sections 38 and 39 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Transitional provisions Heading: inserted, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
25 Part 32 s 40 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 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.
Section 40: substituted, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Police Complaints Authority is chairperson 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 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).
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).

Section 41: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Deputy Police Complaints Authority is member of Authority 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 40 41 (1) (2) 42 (1) 26 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 32 s 43 (2) 43 (1) (2) 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).
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).

Section 42: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Employees and ofﬁcers transferred to Authority 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.
For the purposes of every enactment, law, contract, and agree­ ment relating to the employment of the employee or ofﬁcer,— the contract of employment of that employee or ofﬁcer (a) 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.
(b) (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.

Section 43: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
27 Part 32 s 44 Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 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.
Section 44: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

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.
Section 45: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

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.

Section 46: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
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 under the Police Complaints Authority Act 1988, the Crown Entities Act 2004, the Public Finance Act 1989, and any other enactment.
Section 47: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
44 45 46 47 28 Reprinted as at 1 October 2008 Independent Police Conduct Authority Act 1988 Part 32 s 48 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.
Section 48: added, on 29 November 2007, by section 25 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

29 Notes Independent Police Conduct Authority Act 1988 Reprinted as at 1 October 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Independent Police Conduct Authority Act 1988.

It incorporates all the amendments to the Act as at 1 October 2008.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Policing Act 2008 (2008 No 72): section 130(1) Independent Police Conduct Authority Amendment Act 2007 (2007 No 38) Notes 1 2 3 30