Vote: Independent Police Complaints Authority Amendment Bill — In Committee 
Vote: Independent Police Complaints Authority Amendment Bill — In Committee 
[Volume:641;Page:11546] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 10 
Green Party 6; Maori Party 4. 
Noes 109 
New Zealand Labour 49; New Zealand National 48; New Zealand First 7; United Future 2; Progressive 1; Independents: Copeland Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of Dr Pita Sharples to Part 2 be agreed to: 
to insert the following new clause: 
25A 
To insert the following heading and new sections 48 to 52: 
Independent Police Complaints Authority Review Agency 
48Appeal Against the Independent Police Complaints Authority 
(1) An appellant may appeal to the Independent Police Complaints Authority Review Agency against the decisions and activities of the Independent Police Complaints Authority. 
(2)The appeal must be brought within 90 days of the decision or activity in question. 
49Independent Police Complaints Authority Review Agency established 
(1)This section established the Independent Policy Complaints Review Agency (in this section and sections 50 to 52 called the Review Agency). 
(2)The function of the Review Agency is to determine appeals brought under section 48. 
(3)The Review Agency consists of— 
(a)At least three members; and 
(b)The members are appointed by the Governor-General on the advice of the Minister. 
50How to appeal 
(1)An appeal under section 48 must be brought within the 90-day period referred to in section 48(2). 
(2)In the notice of appeal the appellant must set out the grounds and the circumstances on which the appeal is based. 
(3)An appeal under section 48 may at any time be withdrawn by notice in writing to the Review Agency. 
51Procedure in appeals 
(1)An appeal to the Review Agency under section 48 is to be determined by the Review Agency with all reasonable speed. 
(2)On any such appeal it is the responsibility of the appellant to ensure that all information evidence and submissions that the appellant wishes to have considered in support of the appeal are received by the Review Agency within the 60-day period for bringing the appeal. 
(3)On the lodging of an appeal under section 48— 
(a)The Review Agency must give to the Independent Police Complaints Authority a copy of the notice of appeal and any information evidence or submissions lodged by the appellant; and 
(b)The Review Agency must allow the Independent Police Complaints Authority a specified time to— 
(i)Lodge with the Review Agency any file relating to the matter under appeal that is held by the Independent Police Complaints Authority; and 
(ii)Lodge with the Review Agency any such other information evidence and submissions in relation to the matter under appeal that the Independent Police Complaints Commission thinks fit. 
(4)In determining the appeal the Review Agency— 
(a)May seek and receive such information as it thinks fit and consider information from any source; but 
(b)May not consider any information which relates to matters arising after the date the appeal was lodged unless it is satisfied that there are exceptional circumstances that justify the consideration of such matters. 
(5)The Review Agency must disclose to the appellant any material or information that the Review Agency proposes to take into account in determining the appeal if that material or information— 
(a)Is or may be prejudicial to the appellant; and 
(b)Is material lodged with the Review Agency by the Independent Police Complaints Authority or is information obtained by the Review Agency from a source other than the appellant. 
(6)The Review Agency must give the appellant an opportunity to rebut or comment on any material or information disclosed under subsection (5) within such reasonable time as the Review Agency specifies. 
(7)Subsections (5) and (6) do not require the Review Agency to disclose to the appellant any material or information whose disclosure would be likely to endanger the safety of any person but the Review Agency must notify the appellant of the fact of any such non-disclosure. 
52Decision on appeal 
(1)As soon as practicable after coming to a decision on an appeal the Review Agency must notify both the appellant and the Independent Police Complaints Authority in writing of its decision and the reasons for that decision. 
(2)The decision of the Review Agency on an appeal is final. 
(3)Unless a court otherwise directs the Review Agency has no jurisdiction to reconsider an appeal after the appellant has been notified of its decision.