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Recommendations | Status | Progress | Estimated time to completion |
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Police policies and procedures |
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R1 |
New Zealand Police should review and consolidate the numerous policies, instructions, and directives related to investigating complaints of misconduct against police officers, as well as those relating to the investigation of sexual assault allegations. |
Underway |
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All instruments will be fully reviewed within 2 years, estimated to complete 30 June 2009. Polices, instructions and directives, relating to this recommendation, will be consolidated and then converted to the CDMS by June 2008. |
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R2 |
New Zealand Police should ensure that general instructions are automatically updated when a change is made to an existing policy. |
Completed |
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Completed 2006 |
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R3 |
New Zealand Police should develop a set of policy principles regarding what instructions need to be nationally consistent and where regional flexibility should be allowed. |
Partially completed |
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National phase completed April 2007. Regional phase by June 2008 |
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R4 |
An enhanced policy capability should be developed within the Office of the Commissioner to provide policy analysis on sound data, drawing upon the experience of front-line staff and upon research from New Zealand and beyond. |
Completed |
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Completed June 2007 |
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Police policies and procedures for complainants |
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R5 |
New Zealand Police should develop an explicit policy to notify the Commissioner of Police when there is a serious complaint made against a Police officer. This policy and its associated procedures should specify who is to notify the police commissioner and within what time frames. |
Completed |
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Completed June 2007 |
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R6 |
New Zealand Police should ensure that members of the public are able to access with relative ease information on the complaints process and on their rights if they do make a complaint against a member of the police. |
Underway |
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Estimated to complete June 2008 |
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R7 |
New Zealand Police should undertake periodic surveys to determine public awareness of the processes for making a complaint against a member of the police or a police associate. |
Underway |
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Estimated to complete June 2008 |
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R8 |
New Zealand Police should develop its database recording the number of complaints against police officers to allow identification of the exact number of complaints and the exact number of complainants for any one officer. |
Underway |
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Estimated to complete June 2008 |
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Adult Sexual Assault Investigation Policy |
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R9 |
New Zealand Police should review the implementation of the Adult Sexual Assault Investigation Policy to ensure that the training and resources necessary for its effective implementation are available and seek dedicated funding from the Government and Parliament if necessary. |
Underway |
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Estimated to complete June 2009 |
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R10 |
New Zealand Police should incorporate the Adult Sexual Assault Investigation Policy in the "Sexual Offences" section of the New Zealand Police Manual of Best Practice for consistency and ease of reference. |
Underway |
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Estimated to complete June 2008 |
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Communication of policies and training |
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R11 |
New Zealand Police should strengthen its communication and training practices by developing a system for confirming officers have read and understood policies and instructions that affect how they carry out their duties and any changes thereto. |
Underway |
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Progressively to June 2009 |
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R12 |
New Zealand Police should strengthen its communication and training practices to ensure the technical competencies of officers are updated in line with the new policies and instructions. |
Underway |
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Estimated to complete June 2009 |
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R13 |
Bearing in mind the mobility of the workforce, New Zealand Police should conduct a review of what training should be mandatory at a national level and what should be left to the discretion of the districts. |
Partially completed |
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Estimated to complete June 2009 |
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Consistency and transparency in complaint processes |
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R14 |
New Zealand Police should ensure that the practice of providing investigating officers with a reminder of the standards for complaint investigation is applied consistently throughout the country |
Underway |
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Estimated to complete June 2008 |
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R15 |
New Zealand Police should improve the process of communicating with complainants about the investigation of their complaint, particularly if there is a decision not to prosecute. Complainants and their support people should be given
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Underway |
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Estimated to complete June 2008 |
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Independence of investigations |
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R16 |
New Zealand Police should develop a consistent practice of identifying any independence issues at the outset of an investigation of a complaint involving a police officer or a police associate, to ensure there is a high degree of transparency and consistency. The practice should be supported by an explicit policy on the need for independence in such an investigation. In respect of the handling of conflicts of interest, the policy should, among other things,
provide guidelines and procedures to assist police officers identify and adequately manage conflicts of interest (including in cases where cost or the need to prompt investigation counts against the appointment of an investigator from another section or district)
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Underway |
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Commence 07/08 and estimated to complete June 2009 This estimate revised to June 2008 |
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R17 |
New Zealand Police should expand the content of its ethics training programme to include identifying and managing conflicts of interest, particularly in respect of complaints involving police officers or police associates. |
Partially completed |
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September report noted Phase 1 completed. Phase 2 ongoing |
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Support for sexual assault investigations |
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R18 |
New Zealand Police should ensure that training for the Adult Sexual Assault Investigation Policy is fully implemented across the country, so that the skills of officers involved in sexual assault investigations continue to increase and complainants receive a consistent level of service. |
Underway |
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Estimated to complete June 2009 |
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R19 |
New Zealand Police should initiate cooperative action with the relevant Government agencies to seek more consistent Government funding for the support groups involved in assisting the investigation of sexual assault complaints by assisting and supporting complainants. |
Ongoing |
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Estimated to complete June 2009 |
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Management assurance |
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R20 |
In relation to investigations of sexual assault complaints against police officers or police associates, New Zealand Police should have in place systems that
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Partially completed |
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Ongoing and estimated to complete June 2008 |
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Handling of complaints by the Police Complaints Authority |
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R21 |
The [Independent Police Conduct Authority] should improve its accessibility to people who may wish to make a complaint, for instance, by publicising its newly established website and by wider distribution of its information pamphlet. |
Underway |
The Independent Police Conduct Authority (the Authority) website was established in 2006. Amendments to the website will be made now that the Independent Police Conduct Authority Amendment Act 2007 is in force. The Authority will take advice on the design and distribution of a new pamphlet now that the new legislation is in force. The Authority is also actively considering whether the Authority should have permanent media liaison assistance available to it. In addition, the Authority has undertaken enquiries about the possibility of establishing a call centre to improve accessibility and facilitate receipt of oral complaints. |
An update of the website and the printing and distribution of new pamphlets will be completed as soon as practicable. The Authority will consider the financial and operational implications arising from establishing call centre and media liaison capability, with a view to implementing these initiatives as soon as practicable. |
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R22 |
The [Independent Police Conduct Authority] should, in conjunction with Police, the Ministry of Justice, and other relevant agencies, develop a communications strategy to increase awareness of the Police Complaints Authority and its work. |
Underway |
The Authority is actively considering the process for implementing this recommendation, including the possibility of recruiting permanent media liaison assistance. The Authority continues to meet regularly with the Commissioner of Police and key members of other relevant agencies to discuss communication strategies. |
The Authority will assess the estimated costs of developing and implementing a communications strategy. The Authority has presented a budget bid in support of this activity. Depending on the availability of resources, an initial strategy could be developed for implementation in the 2008/09 financial year. |
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R23 |
The [Independent Police Conduct Authority] should actively facilitate the reception of complaints by accepting oral statements on the basis that the complainant will confirm the [Independent Police Conduct Authority’s] written record of the complaint. |
Underway |
The current legislation provides for complaints to the Authority to be made either orally or in writing. The Authority is actively exploring the establishment of a call centre facility to assist the receipt of oral complaints. |
The Authority will consider the financial and operational implications arising from the establishment of a call centre to facilitate the receipt of oral complaints. The Authority has presented a budget bid in support of this activity. Depending on the availability of resources, call centre capability could be established during the 2008/09 financial year. |
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R24 |
The [Independent Police Conduct Authority] should ensure it has more regular communication with those people whose complaints are under consideration. |
Underway |
The design of a new case management database for the Authority with a bring-up system has been completed and is now operational. In addition the Authority is in the process of implementing performance measurements as part of the Authority’s procedures. Both the electronic bring-up system and the implementation of performance measures will ensure that communication with complainants is regularly actioned. The recent appointment of a Deputy Authority, and consideration of additional members under the new legislation, will enhance the ability of the Authority to communicate more regularly with complainants. |
New performance measures and the installation of a new database are expected to result in improvements to communication with complainants in 2008. New appointments may be made under the Independent Police Conduct Authority Amendment Act 2007 depending on the availability of resources. |
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R25 |
The [Independent Police Conduct Authority] should seek feedback from complainants by way of random sampling on their experience of the complaints process. |
Underway |
The Authority is actively considering how best to implement this recommendation and will research the experience of organisations such as the Ombudsmen, Privacy Commissioner as well as other similar jurisdictions. |
The completion of this activity will follow implementation of the performance measurements referred to under recommendation 24. The Authority will consider the financial and operational implications arising from surveying complainants with a view to implementation in 2008. |
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R26 |
The [Independent Police Conduct Authority] should develop strategies for addressing its current backlog of complaints, including seeking additional resources as appropriate. |
Underway |
The Authority’s baseline funding was increased by $0.599 million in Budget 2007 to ensure sufficient resources are available to process the expected number of complaints and investigations the Authority is required to carry out. The Authority also received additional one-off funding in 2006/07 to reduce the backlog of complaints. Significant gains are now been achieved. Temporary assistance has been obtained to speed the process of clearing the backlog and the appointment of a Deputy Authority will further enhance the Authority’s capacity to deal with complaints in a timely manner. |
The backlog of older complaints has been significantly reduced. A budget bid has been included to complete the backlog of complaints over the next two years. New performance measures and additional resources are expected to ensure that such a backlog does not arise again. |
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R27 |
The [Independent Police Conduct Authority] should be encouraged to exercise its discretion in favour of accepting historic sexual assault complaints. If there is any doubt about this matter, a further legislative amendment should be included in the Independent Police Complaints Authority Amendment Bill. |
Completed |
An amendment was included in the Independent Police Conduct Authority Act 2007. |
The Independent Police Conduct Amendment Act came into force on 29 November 2007. Formal policies to be established with Police by March 2008. |
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The Police Complaints Authority and legislative requirements |
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R28 |
The requirement for the police to notify the [Independent Police Conduct Authority] of any complaints received by them "as soon as practicable" (section 15 of the Police Complaints Authority Act 1988) should be amended by adding the words "and in any case no later than 5 working days after receipt of he complaint", and compliance with this requirement should be monitored by the Professional Standards section of the Office of the Commissioner. |
Completed |
An amendment was included in the Independent Police Conduct Authority Amendment Act 2007. |
The Independent Police Conduct Authority Amendment Act came into force on 29 November 2007. |
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R29 |
The discretion in section 29(2)(a) of the Police Complaints Authority Act should be removed so that the [Independent Police Conduct Authority] is required to notify the Attorney-General and Minister of Police if, within a reasonable time the Authority makes a recommendation to the police under section 27(2) or 28(2), the police fail to take action that seems to the [Independent Police Conduct Authority] to be adequate and appropriate. |
Completed |
An amendment was included in the Independent Police Conduct Authority Amendment Act 2007. |
The Independent Police Conduct Authority Amendment Act came into force on 29 November 2007. |
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R30 |
The Ministry of Justice should review the secrecy provisions in the Police Complaints Authority Act, and make such recommendation as may be appropriate for those provision to be repealed or amended (through the Independent Police Complaints Authority Amendment Bill) to ensure that the Act
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Underway |
Cabinet has agreed to six proposals to enhance the role of the Authority, which will:
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Cabinet agreed to six proposals on 10 December 2007. A Bill will be introduced this year. |
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R31 |
On the enactment of the Independent Police Complaints Authority Amendment Bill, the Government should ensure that the majority of members of the [Independent Police Conduct Authority] are from outside the legal profession. If this is not possible with a three-person Authority (if the Authority and the deputy are both lawyers), the Government should give consideration to promoting further legislative change to enable a five-person Authority to be appointed. |
Underway |
Provision for the appointment of up to five members was included in the Independent Police Conduct Authority Amendment Act 2007. Consideration will now be given to appointments to the Authority. Additional funding has been sought for this purpose and for the implementation of the governance structure for the new Authority. |
The Independent Police Conduct Authority Amendment Act came into force on 29 November 2007. Consideration on appointments will be complete by June 2008 |
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R32 |
The Government should adopt a policy that those appointed as members of the [Independent Police Conduct Authority] reflect community diversity and strengthen the community’s perception of the [Independent Police Conduct Authority’s] independence. |
Completed |
The Crown Entities Act 2004 requires that consideration be given to the desirability of promoting diversity in the membership of Crown entities. |
The Ministry of Justice will provided advice to the Ministers as appointments are considered. |
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Police disciplinary system procedures |
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R33 |
Those provisions of the Police Regulations 1992 that establish the disciplinary tribunal system be revoked as soon as possible to enable a more efficient system to come in force. |
Partially completed |
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New Regulations come into effect on 1 February 2008 and will see this recommendation complete |
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R34 |
New Zealand Police should implement a best practice State sector disciplinary system based on a Code of Conduct in keeping with principles of fairness and natural justice as part of the employment relationship. |
Underway |
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Revised estimated to complete |
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R35 |
The new disciplinary process should allow independent investigation of alleged misconduct where necessary or appropriate (in accordance with section 5A and 12 of the Police Act 1958) but should not include the use of a formal disciplinary tribunal. |
Underway |
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The new disciplinary process will take effect with the Regulations on |
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R36 |
New Zealand Police should ensure that the human resource and professional standards functions are fully integrated in all aspects of their operations and systems. |
Underway |
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Estimated to complete June 2009 |
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R37 |
The Commissioner of Police should invite the State Services Commission to review the police approach to performance management and discipline to ensure their systems and processes are adequate, standardised, and managed to a standard that is consistent with best practice in the public sector. |
Ongoing |
The first phase of implementing this recommendation has been completed and the report delivered to the Commissioner in November 2007. The report contained findings of interviews of senior Police staff, two focus groups made up of a random selection of staff, and the framework for evaluating the Police approach and progress. The second phase will commence mid 2008 when Police have implemented their Code of Conduct and the new Police Regulations are in place. |
Phase One complete. Phase Two estimated to complete June 2008. Police are treating this as an ongoing initiative - estimated to complete by 2017 |
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Code of conduct for police officers |
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R38 |
A Code of Conduct for sworn police staff should be implemented as a matter of urgency. Subsequently, the existing Code of Conduct for non-sworn staff should be brought in line with the new code for sworn members. |
Complete |
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The Code of Conduct is complete and will take effect with the Regulations on |
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Police Sexual Harassment Policy |
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R39 |
New Zealand Police should amend its Sexual Harassment Policy to include a requirement that any mediated resolution of a complaint of sexual harassment be finalised in writing and signed by both parties. |
Underway |
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Revised estimated to complete February 2008 |
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Police policy on inappropriate sexual conduct and relationships |
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R40 |
New Zealand Police should develop standards, policies, and guidelines on appropriate sexual conduct towards, and the forming of sexual relationships with, members of the public. These should be incorporated into all codes of conduct and relevant policy and training materials. The standards, policies, and guidelines should be developed with the assistance of an external expert in professional ethics and should
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Underway |
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Estimated to complete June 2008 |
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Police email and computer use policies |
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R41 |
Directions given by New Zealand Police management on what constitutes inappropriate use of police email and the Internet should not allow for any individual interpretation of appropriateness by police officers. |
Completed |
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Completed 2006 |
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R42 |
New Zealand Police should introduce a requirement that all staff sign a document to confirm that they have read and understood the acceptable use policies for the Internet and email. These requirements should be fully explained to all recruits during their training. |
Completed |
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Completed 2006 |
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R43 |
All police officers should be required to acknowledge that they have read and understood any changes to police computer use policies. These requirements should also be fully explained to all recruits during their training. |
Partially completed |
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Estimated to complete June 2009 |
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R44 |
New Zealand Police managers should receive regular reports on the use of the Internet by their staff. This reporting requirement should be built into the early warning system that the police are developing (see recommendations R47, R48). |
Partially completed |
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Estimated to complete June 2008 |
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Ethics training and ethics committees |
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R45 |
All New Zealand Police districts should implement a nationally consistent ethics training programme that all police officers are required to attend. Police officers should also be required to attend regular refresher courses on ethics. |
Partially completed |
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Ongoing and estimated to complete June 2008 |
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R46 |
New Zealand Police should ensure that the establishment of ethics committees is mandatory for all police districts. There should be a national set of guidelines to guide police districts on the purpose, operation, and membership of their ethics committees. |
Underway |
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Assessment completed. Outcome expected to be implemented by June 2008 |
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Early warning system and performance management |
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R47 |
New Zealand Police should implement a nationally mandated early warning system in order to identify staff demonstrating behaviour that does not meet acceptable standards and ensure such behaviour does not continue or escalate. |
Underway |
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Estimated to complete June 2008 |
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R48 |
The early warning system should ensure that all relevant information, sufficient to give a complete picture of an officer's full record of service, is captured in a single database, and is accessible to police managers and supervisors when making appointments and monitoring performance, as well as to complaint investigators when appropriate. |
Underway |
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Estimated to complete June 2008 |
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R49 |
New Zealand Police should review its approach to performance management, including the training provided to supervisors and managers, the performance appraisal process and documentation, and the methods in place to ensure that the follow-up identified in the performance improvement plans actually occurs. |
Underway |
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Estimate to complete June 2009 |
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Police Culture |
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R50 |
New Zealand Police should continue its efforts to increase the numbers of women and those from ethnic minority groups in the police force in order to promote a diverse organisational culture that reflects the community it serves and to enhance the effective and impartial investigation of complaints alleging sexual assault by members of the police or by associates of the police. |
Ongoing |
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Ongoing |
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R51 |
The Commissioner of Police should invite the State Services Commissioner to carry out an independent annual "health of the organisation" audit of the police culture (in particular, whether the organisation provides a safe environment for female staff and staff from minority groups). The need for the audit should be reviewed after 10 years. |
Ongoing |
Police and the State Services Commission agreed on the core basis for carrying out the Health Audits. Health Audits are made up of findings of the engagement survey, additional specific questions, and other data. The Police COI Steering Group received the findings of the engagement survey and additional specific questions on 11 December. The additional data has been compiled and analysis will continue during the next quarter. |
Baseline audit completed. Analysis to continue. Annual Health Audit to be carried out in August of each year through to 2017 |
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Reporting of allegations of sexual misconduct |
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R52 |
New Zealand Police should review its current policies, procedures, and practices on internal disclosure of wrongdoing, and actively promote a single stand-alone policy for all disclosures, including (but not limited to) those made under the Protected Disclosure Act 2000. The policy should ensure that proper inquiry is always made where information received indicates that a police member or associate may have committed a sexual offence. |
Underway |
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Estimated to complete June 2008 |
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R53 |
New Zealand Police should ensure that the policy and the approach of "report and be protected" are well understood and implemented nationally. |
Underway |
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Estimated to complete June 2008 |
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R54 |
New Zealand Police should ensure that all other relevant policies, procedures, and practices are consistent with the stand-alone policy on the reporting of serious wrongdoing and the approach of "report and be protected". |
Underway |
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Estimated to complete June 2008 |
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R55 |
The New Zealand Police ethics training programme should aim to foster a culture which encourages reporting of allegations of wrongdoing by police members or police associates and provide support to those who make disclosures, consistent with the "report and be protected" approach. |
Partially completed |
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Estimated to complete June 2008 (Phase 2) |
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R56 |
New Zealand Police managers and supervisors should actively communicate to police members the expectation that they will report any allegations of sexual misconduct made against a colleague or a police associate. Police managers and supervisors should encourage and support members to report such allegations. |
Underway |
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Ongoing |
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Community engagement and feedback |
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R57 |
Each police district should establish groups of community representatives, chaired by recognised community leaders, which meet regularly to provide comment and feedback on police service delivery and policing issues throughout the district. Relevant information obtained from the feedback from the community should be incorporated into the police early warning system (see recommendation R47, R48). |
Underway |
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Estimated to complete June 2009 |
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Implementation and monitoring of police initiatives |
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R58 |
New Zealand Police should rationalise the projects and initiatives currently in train (including those started in response to this Commission of Inquiry into Police Conduct, and the review of the Police Act 1958) and any further projects arising out of the Government's response to this report, to ensure that overlaps between projects are addressed, interdependencies are identified, priorities are assigned, and adequate resources are made available to do the work. New Zealand Police should address these issues in its annual statement of intent, and consult with the Minister of Police in respect of the priority to be given to projects. |
Ongoing |
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Estimated to complete by 2017 |
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R59 |
New Zealand Police should consult with and involve the State Services Commission and other public sector agencies, where appropriate, to ensure that the projects and initiatives of the type described in recommendation R58 take account of best practice in the public sector. The Government should take steps to remove any statutory impediment to such consultation and involvement. |
Ongoing |
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Initial SSC Review complete. Follow up review will commence March 2008. Estimated to complete by 2017 |
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R60 |
The Government should invite the Controller and Auditor-General to monitor, for the next 10 years, the New Zealand Police implementation of all the projects and initiatives of the type described in recommendation R58, and also the police implementation of the recommendations of this Commission of Inquiry into Police Conduct as approved by Government. The Controller and Auditor-General should report regularly to Parliament on this matter during the ten-year period. |
Ongoing |
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Estimated to complete by 2017 |