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 
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.] 
Policing (Constable’s Oaths Validation) Amendment Bill 
Procedure 
Hon GERRY BROWNLEE (Leader of the House) 
: 
 I seek leave for there to be one debate of 12 10-minute speeches on the motion that the Policing (Constable’s Oaths Validation) Amendment Bill be now read a second time. 
Mr DEPUTY SPEAKER 
: Is there any objection to that course of action? There is no objection. 
First Reading 
Hon JUDITH COLLINS (Minister of Police) 
: 
 I move  
That the Policing (Constable’s Oaths Validation) Amendment Bill be now read a first time 
. 
Bill read a first time.  
Second Reading 
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. 
Hon ANNETTE KING (Deputy Leader—Labour) 
: 
 I rise to support the Minister of Police in passing through all stages the Policing (Constable’s Oaths Validation) Amendment Bill 2009 today. The Minister has clearly set out the reasons for this bill and I am pleased that members are supporting the Minister in ensuring that it passes smoothly through the House. 
The Policing Act 2008 replaced 50-year-old legislation. It was legislation that went through a very long process. There was a 2-year process of consultation consensus agreement and finally the passage of the bill. A positioning paper put out for consultation was followed up with something like eight scoping papers that addressed many parts of the old Police Act then a consultation document and finally a draft bill. Throughout that process there was close collaboration and work between all parties in the House and I think it was one of those bills where there was buy-in by all parties to ensure that we got legislation for the police of New Zealand that had the broad support of this Parliament. As the former Minister of Police that was really important to me. 
At the time of the passage of the bill I thanked the parties that had been involved and worked so constructively to ensure we had good legislation. We thought everything was right in the bill but we now find that there could be a technical error in it. Therefore we ought to correct it as quickly as possible. As the Minister pointed out in the past at the swearing in of a new police officer the oath was taken before a justice or commissioned officer of police. The new Act changed that process. A new process was put in place one that I think was definitely an oversight so the police carried on with the old requirements under the old Act. This legislation will ensure that it will validate any of those oaths that were taken in the period that the Minister has already set out. 
I say to the Minister that we support her in this measure. We do not wish to delay it longer than is necessary and I hope that the House can see the bill passed speedily. It was suggested to me that there could be some people out there who would be cheering if they thought their arrest for a particular issue during the stated period now no longer stands. We can assure them that that is not the case. The officers who were sworn in under the amended regime will be just as well sworn in after the passage of this bill. I commend this bill to the House. 
Bill read a second time. 
Instruction to Committee 
Hon GERRY BROWNLEE (Leader of the House) 
: 
 I seek leave for the Committee stage on this bill the Policing (Constable’s Oaths Validation) Amendment Bill to be taken as one debate with six questions at the end. 
Mr DEPUTY SPEAKER 
: Is there any objection to that course of action? There is no objection. 
In Committee 
Clauses 1 to 4 
Hon ANNETTE KING (Deputy Leader—Labour) 
: 
 There are four clauses in this bill: clause 1 specifies the title clause 2 specifies the commencement date clause 3 specifies the principal Act the bill is amending and clause 4 validates the constables’ oaths taken by police employees from and including 1 October 2008 through to the close of 12 October 2009 which had not been administered in accordance with section 22 of the principal Act. There are no issues to raise other than that. 
Clauses 1 to 4 agreed to. 
Bill reported without amendment. 
Report adopted. 
Third Reading 
Hon JUDITH COLLINS (Minister of Police) 
: 
 I move  
That the Policing (Constable’s Oaths Validation) Amendment Bill be now read a third time 
. I take another opportunity to thank all members of the House for the extremely constructive way in which they have dealt with this amendment bill. 
It 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 removes any uncertainty about conferral of constabulary powers for those Police employees. It is a very simple administrative provision. It fixes the matter. I commend this bill to the House. 
Sitting suspended from 6 p.m. to 7 p.m. 
Hon ANNETTE KING (Deputy Leader—Labour) 
: 
 The Labour Opposition supports the Government in the passage of the Policing (Constable’s Oaths Validation) Amendment Bill . 
Bill read a third time.