Burton Mark: Independent Police Conduct Authority Amendment Bill — Third Reading 
Burton Mark: Independent Police Conduct Authority Amendment Bill — Third Reading 
[Volume:641;Page:11679] 
Hon MARK BURTON (Minister of Justice) 
: 
 I move  
That the Independent Police Conduct Authority Amendment Bill be now read a third time 
. Today represents the end of a very long legislative journey for this bill. It was introduced in December 2002 to implement the recommendations of Sir Rodney Gallen’s review of the Police Complaints Authority. The bill provides the legislative basis for a strengthened and independent authority in which the public I believe will be able to have real confidence. 
The bill was deferred while the Commission of Inquiry into Police Conduct looked into allegations that surfaced in 2004 that suggested that police officers might have deliberately undermined or mishandled investigations into complaints of sexual assault that had been made against other officers. The commission has now reported back with a total of 60 recommendations 12 of which relate directly to the Police Complaints Authority. The commission’s recommendations fall within two main areas: those relating to the authority’s complaints handling processes and those that require legislative change.  
 This Government is committed to New Zealand having a police force that all New Zealanders can have pride and confidence in. Therefore New Zealand needs a robust and independent oversight body. That is why the Government is implementing all recommendations relating to the authority in the commission’s report. 
This bill implements the four of those recommendations that require legislative change. Those four recommendations are as follows. In regards to the jurisdiction of the authority the bill includes a new provision to clarify that the authority may investigate historical complaints relating to incidents that occurred prior to its establishment. Second in regards to the time limit on notification of complaints the bill includes a new provision to require the police to notify the authority within 5 working days of receipt of a complaint. I think this is a significant improvement and something that will be of particular interest to those who perhaps in the past had concerns about what they have seen as a delay. I think this constraint and requirement will be welcomed by many. Third in regards to the reports to Government Ministers the bill includes a provision that requires the authority to provide a copy of its opinion and recommendations to the Minister of Police and to the Attorney-General in certain situations where it is not satisfied with a police response to a recommendation. Again I think this is a significant movement in terms of the oversight and transparency of the authority. Fourth in regards to the authority membership the bill significantly increases the membership of the authority to up to five members. 
A further recommendation of the commission is being incorporated into a review of the authority currently being undertaken by the Ministry of Justice and New Zealand Police in consultation with the authority and the State Services Commission. Officials will report back on options to enhance the role of the authority by December 2007. This work is progressing well. 
As well as implementing the recommendations of the commission of inquiry the bill changes the name of the authority to Independent Police Conduct Authority. There was some question raised by one of my colleagues opposite as to whether the change of name signified anything of real significance. Well I say to members that it does. The change in name will emphasise the authority’s status as an independent entity and I think better clarify and describe its role. The authority is not confined to the investigation of complaints. It investigates incidents that involve death or serious harm as well as serious misconduct or neglect of duty. So I think in the title of Independent Police Conduct Authority we get a better sense and description of the broader range of responsibilities that the authority carries. 
The bill makes a number of amendments to authority processes including an amendment to enable the authority to refer a complaint back to the police for investigation by the police. This will enable the authority to concentrate on investigating serious matters. The authority will maintain overall supervision of the police handling of referred-back complaints and complainants will still be able to raise a matter with the authority if they are dissatisfied in any way with the outcome of any police investigation. 
The commission of inquiry also made a number of recommendations relating to improving the processes employed by the authority. These recommendations are being implemented by the authority alongside a comprehensive review of the authority that is currently being carried out. Of note is that on 1 September of this year a new database became operational. The database will incorporate a file management and auto bring-up system and provide for more flexibility for reporting. The data capacity will be greater so that information captured will be more comprehensive and its gathering will be more efficient. 
The passage of this bill is in my view a significant event in the history of civilian oversight of the police in New Zealand. The independence of the authority will be greatly enhanced. The public will be able to have more confidence in the authority and in the police. I thank the authority for its important work over the years and I am confident that the new Independent Police Conduct Authority will continue this tradition of service and of building a record of excellence into the future. Finally in commending the Independent Police Conduct Authority Amendment Bill to the House I acknowledge and thank members from across the House for the wide support the bill is enjoying. I think that is indicative of the significance and importance that members recognise is being advanced by this legislation.