Collins Judith: Policing (Constable’s Oaths Validation) Amendment Bill — Procedure First Reading Second Reading Instruction to Committee In Committee Third Reading 
Text is incorporated into the Bound Volume 
Collins Judith: Policing (Constable’s Oaths Validation) Amendment Bill — Procedure First Reading Second Reading Instruction to Committee In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8076. Text is incorporated into the Bound Volume.] 
Hon JUDITH COLLINS (Minister of Police) 
: 
 I move  
That the Policing (Constable’s Oaths Validation) Amendment Bill be now read a second time 
. I take the opportunity to thank the parties represented in Parliament for their support of this legislation. The Policing (Constable’s Oaths Validation) Amendment Bill is validating legislation. It will deem oaths of office taken by police employees between 1 October 2008 and 12 October 2009 to have been administered as though the persons administering those oaths had been authorised by the Commissioner of Police. It is a straightforward amendment involving the insertion of one new section into the Policing Act 2008. It is to come into force the day after it receives the Royal assent. 
The background to the bill is as follows. On 1 October 2008 the Policing Act came into force. Prior to this the constable’s oath was taken before a justice or commissioned officer; in other words an inspector or above. A justice or commissioned officer was not required to be specifically authorised to administer the constable’s oath. Section 22 of the Policing Act instituted a new procedure for administering that oath. 
Under the new Act the oath can be administered only by the commissioner or a person authorised by the commissioner. As well the new Policing Act requires a person administering the constable’s oath to be satisfied that each police employee taking the oath has been adequately trained to exercise the powers of a constable and is capable of exercising the powers of a constable. 
Between 1 October 2008 and 12 October 2009 the constable’s oath was administered to police employees graduating from the Royal New Zealand Police College by senior police employees based at the college. Persons who were able to administer the oath under the Policing Act 1958 assumed that that ability continued under section 22. Since 12 October 2009 one recruit wing has graduated from the Police College. The constables’ oaths were administered to that wing by persons authorised under section 22 of the Act—that is the commissioner or a person authorised by the commissioner. 
So police employees graduating from the college on and from 13 October 2009 have unquestionably had constabulary powers conferred upon them. However uncertainty about conferral of those constabulary powers continues for those police employees who purportedly took the constable’s oath between 1 October 2008 and 13 October 2009. It is important that people have confidence that officials are properly invested with statutory powers and taxpayers should not be obliged to meet the significant expenses that would be incurred if all exercise of statutory powers taken by the affected employees were subject to challenge. 
The bill will deem the oaths taken by affected constables to have been administered as if the persons administering the oaths had been approved by the commissioner. It will remove any doubt about the validity of the actions of the affected police employees and thereby promote certainty and confidence in the acts carried out by them. 
The bill is consistent with the New Zealand Bill of Rights Act. The bill does not retrospectively validate any actions that could be seen as inconsistent with the New Zealand Bill of Rights Act. The bill does not legitimise unlawful actions by the police in the event that a person’s rights have been infringed by any of the affected police employees. A claim under the New Zealand Bill of Rights Act would still lie. I commend this bill to the House.