Tolley Anne: Policing (Constable’s Oaths Validation) Amendment Bill — Procedure First Reading Second Reading Third ReadingText is subject to correctionTolley Anne: Policing (Constable’s Oaths Validation) Amendment Bill — Procedure First Reading Second Reading Third Reading[Sitting date: 24 October 2013. Volume:694;Page:14278. Text is subject to correction.]Hon ANNE TOLLEY (Minister of Police): I moveThat the Policing (Constable’s Oaths Validation) Amendment Bill be now read a second time. The bill is validating legislation that will deem oaths of office taken by police employees between 13 October 2009 and 13 October 2013 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. [Interruption] It gives me no great pleasure to be here either.The background to this bill is as follows. On 1 October 2008 the Policing Act came into force. Prior to this under the Police Act 1958 the constable’s oath was taken before a justice or a commissioned officer of police at the rank of inspector or above. A justice or commissioned officer of police was not required to be specifically authorised to administer the constable’s oath. However section 22 of the Policing Act instituted a new procedure for administering the constable’s oath. Under the current Act the oath can be administered only by the commissioner or a person specifically authorised by the commissioner. In addition the person administering the constable’s oath must be satisfied that the police employees who are taking the oath have been adequately trained and are capable of exercising the powers of a constable.Between 13 October 2009 and 13 October 2013 the constable’s oaths were administered to ex-constables who were rejoining the police by district commanders or inspectors based in the police districts who had not been formally authorised by the commissioner. The district commanders and inspectors had assumed that they had the authority to administer the oath. The constable’s oaths have now been administered to the affected police employees by persons formally authorised under section 22 of thePolicing Act so all affected employees have had full constabulary powers conferred upon them.However uncertainty about conferral of constabulary powers continues for those affected police employees who purportedly exercised constabulary powers without the necessary authority between 13 October 2009 and 13 October 2013. It is very important that people should have confidence that officials are properly invested with statutory powers and that 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 was subject to legal 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 of Police. 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 legislation is consistent with the New Zealand Bill of Rights Act. The bill does not retrospectively validate actions that could be seen as inconsistent with the New Zealand Bill of Rights Act.I have been assured by the Commissioner of Police that steps have now been taken to make sure that this does not happen again. They are putting in place a system that will not fully register a constable who has been undergoing training until the oaths are checked and it is ensured that the appropriate process has been followed. I thank my colleagues in the House for their forbearance at having to put through this legislation under urgency this afternoon. I commend this bill to the House.