Police Amendment Act (No 2) 1992

1: Short Title and commencement
1: This Act may be cited as the Police Amendment Act (No 2) 1992, and shall be read together with and deemed part of the Police Act 1958
2: This Act shall come into force on the 1st day of July 1992.
2: Members of the Police
1: Section 5(1) section 3 of the Police Amendment Act 1989 (including acting or temporary or casual appointees)
2: Section 5 subsection (1)
1A: The power conferred by subsection (1) of this section
a: To engage an appointee for such period as the Commissioner and the appointee may agree:
b: To appoint acting or temporary or casual appointees.
3: Suspension pending hearing of charge
Section 32
a: By omitting from subsection (3A) section 4 of the Police Amendment Act 1976 section 35 section 5
b: By omitting from subsection (6) subsection (7) section 4(2) of the Police Amendment Act 1973 section 33 section 12
4: Delegation of powers by Commissioner
Section 55A section 9 of the Police Amendment Act 1976 subsection (1)
1: The Commissioner may from time to time, by writing under his or her hand, either generally or particularly,—
a: Delegate to any Assistant Commissioner of Police any of the powers, authorities, duties, and functions of the Commissioner:
b: Delegate to such other member or members of the Police as he or she thinks fit all or any of the Commissioner's powers, authorities, duties, and functions under this Act or any regulations made under this Act.
5: Committees of Inquiry
1: The principal Act is hereby amended by repealing section 56
56:
1: The Minister may from time to time appoint a Committee of Inquiry, consisting of a District Court Judge and one or more members of the Police, for the purpose of investigating and reporting to the Commissioner on any matter connected with the Police, but any such Committee shall not investigate any matter that may be determined by a Court under Part IV of this Act
2: Subsections (4) to (8) of section 12 of this Act
3: Subject to this section, such a Committee of Inquiry may regulate its procedure in such manner as it sees fit.
2: The Police Amendment Act 1965
6: Particulars for identification of persons in custody
1: Section 57 subsection (4) section 11 of the Police Amendment Act 1988
2: Section 11 of the Police Amendment Act 1988
7: General search of person in custody
1: Section 57A section 2 of the Police Amendment Act 1979 subsection (6) section 12 of the Police Amendment Act 1988
2: Section 12 of the Police Amendment Act 1988
8: Regulations
1: Section 64(2) paragraphs (b) (c)
b: Prescribing the ranks of sworn or non-sworn members of the Police: .
2: Section 64(2)(h) of appeals and
9: Employment Contracts Act 1991 State Sector Act 1988 Section 9 repealed 2 October 2000 241 Employment Relations Act 2000
10: Transfer of traffic officers and other Ministry of Transport employees to the Police
1: Subject to this section, every person who, immediately before the commencement of this Act,—
a: Was a traffic officer in the Ministry of Transport; or
b: Was employed in some other capacity in that Ministry,— being a person whom the Secretary for Transport and the Commissioner have determined should transfer to the Police on the 1st day of July 1992, is hereby deemed to be appointed as a non-sworn member of the Police and shall have a rank or grade, or both, assigned by the Commissioner.
2: No person who is appointed as a non-sworn member of the Police by subsection (1)(a) section 5
a: Has failed to complete the training determined by the Commissioner to be required in the case of persons to whom this subsection applies; or
b: Does not satisfy the criteria agreed between the Commissioner and the Secretary for appointment of such persons as sworn members of the Police, whether such criteria relate to age, fitness, previous convictions for offences against any enactment, or other matters.
3: When assigning a rank or grade, or both, to any person under subsection (1)
4: Nothing in this section shall affect the powers of the Commissioner to assign to a person a different rank on the completion of the person's training referred to in subsection (2)(a)
5: The office of traffic officer in the Ministry of Transport is hereby abolished.
11: Traffic officers to retain powers
Every traffic officer appointed as a non-sworn member of the Police by section 10(1) Transport Act 1962
12: Application of principal Act to traffic officers
1:
2: The following provisions of the principal Act shall apply to every traffic officer who is a non-sworn member of the Police by virtue of section 10(1)
a: Section 38
b: Section 50
c: Section 51A
3: For the purposes of paragraphs (b) (c) Subsection (1) repealed 1 January 2002 63(3)(c) Human Rights Amendment Act 2001
13: Conditions of employment of traffic officers who become sworn members of the Police
Every person referred to in section 10(1) section 69(3)
14: Conditions of employment of non-sworn
section 10(1) Every person who is appointed by section 10(1)
15: No compensation payable for cessation of employment in Ministry of Transport
No person appointed as a non-sworn member of the Police by section 10(1)
16: Provisions relating to fitness tests
Notwithstanding anything in the principal Act, the appointment of a traffic officer as a sworn member of the Police shall be subject to the condition that he or she shall meet the standards of medical and physical health prescribed by the Commissioner under section 28A
a: A person under 40 years of age on the 1st day of July 1992 is required to meet the prescribed standards before he or she is appointed as a sworn member of the Police:
b: A person of 40 years of age and under 53 years of age on the 1st day of July 1992 is required to meet the prescribed standards within 3 years after that date:
c: A person of 53 years of age and under 55 years of age on the 1st day of July 1992 is required to meet the prescribed standards within 5 years after that date.
17: Savings
1: Where, before the 1st day of July 1992, any traffic officer in the Ministry of Transport has become a party to any proceedings, the proceedings may be continued, completed, and enforced by any sworn or non-sworn member of the Police.
2: Where, before the 1st day of July 1992, any traffic officer in the Ministry of Transport has commenced an action under any Act, the action may be continued, completed, and enforced by any sworn or non-sworn member of the Police.
3: Notwithstanding anything in section 42A(10) Transport Act 1962
4: Where—
a: Before the 1st day of July 1992 any person was required by any enactment to serve the Secretary with any document or to notify the Secretary of any matter, and that document or matter has not been so served or notified before that date; and
b: On the 1st day of July 1992 that enactment requires that document to be served on the Commissioner or requires that matter to be notified to the Commissioner,— it shall be sufficient compliance with the new service or notification requirement if the document is served on the Secretary or the matter is notified to the Secretary, as the case may require.
18: References in other enactments to traffic officers
Every reference (however expressed) in any other enactment to a person appointed under section 6 Transport Act 1962 section 11
19: Ombudsmen's jurisdiction in relation to traffic officers
1: Notwithstanding anything in this Act, an Ombudsman may—
a: Complete any investigation commenced under the Ombudsmen Act 1975
b: On or after the 1st day of July 1992, commence and complete an investigation under that Act in respect of any such decision or recommendation made, or any such act done or omitted.
2: The Ombudsmen Act 1975