| 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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Polices, instructions and directives, relating to this recommendation, will be consolidated and then converted to the new online library by June 2008. All instruments will be fully reviewed within 2 years, estimated to complete 30 June 2009. |
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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. |
Partially complete |
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Phase 1 relating to the policy completed in June 2007 Phase 2 - Ongoing improvement - the timeline will be determined by Recommendation R8 |
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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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This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 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 the first periodic survey and baseline report in 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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The estimated date to complete in June 2008 is unlikely due to the timeframe required for the procurement process and implementation. A revised timeline will be provided in the Quarter 4 report. |
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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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This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 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,
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Underway |
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Commence 07/08 and estimated to complete June 2009 |
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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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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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This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 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’s (the Authority) website has been improved to make clear the message to the public that it has new strength to its independence. The website displays its new logo and its Maori conceptual name and explains its services very simply and clearly. However, further information on the new law must await final agreement between the Authority and the Police on the mechanics and criteria governing treatment of complaints of varying levels of seriousness. It is intended that such decisions will be reflected in a public information pamphlet on the web and for physical distribution.
Work on the call-centre proposal is well-progressed and decisions will be made very soon on structure, service and capacity.
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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 [Independent Police Conduct Authority] and its work. |
Underway |
A permanent media liaison assistant has been appointed and is proving to be a significant asset to the work of the Authority in raising its public profile and explaining its function. The Authority continues to meet regularly with the Police Commissioner, make district visits to Police and deliver public addresses on the work of the Authority.
A new public information pamphlet is being prepared but is awaiting key decisions to be made between the Authority and the Police on the investigation and disposition of complaint files. |
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 |
Procedures have been put into place to make it easier for complainants to make oral statements. Reviewing Officers receive oral statements over the phone, record the statement on a complaint form and forward the form to the complainant for confirmation and signature. The complaint becomes formal when the signed form has been returned. Complainants who present themselves at reception during office hours can also have an oral statement taken in the presence of a Reviewing Officer.
The call-centre initiative is being progressed separately and will not only be of benefit to those making oral complaints but will facilitate the improved contacts and advice to complainants, and improving case management of files. |
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 |
More focused effort is being made in regard to more regular contact with complainants. This is resulting in reduced complainant anxiety and frustration levels. |
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 Act 1988 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 still considering overseas models in this regard. The experience and methodology of the Police Ombudsman for Northern Island public survey is particularly appealing. However, choosing this model would have significant resourcing implications for the Authority. Consideration continues. |
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. |
|
R26 |
The [Independent Police Conduct Authority] should develop strategies for addressing its current backlog of complaints, including seeking additional resources as appropriate. |
Underway |
Through the use of skilled temporary staff and restructuring of staff the Authority has made solid gains in reducing the backlog of complaints. From February 2007 to February 2008 620 files over 12 months old have been closed. So far we have reduced the backlog by 35% and expect to increase that figure to 65 % by 30 June 2008. |
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. |
|
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 May 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.
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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. |
|
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:
The Authority, Justice, Police and SSC have been working steadily on these issues and are largely in agreement on principles and suggested mechanisms to give effect to these proposals. A Bill will be introduced later this year. |
Cabinet agreed to six proposals on 10 December 2007.
A Bill will be introduced this year. |
|
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 |
|
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. |
Complete |
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New Regulations came into effect on 1 February 2008 and therefore this recommendation is 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. |
Partially Complete |
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Phase 1 complete - The new disciplinary process came into effect with
the Regulations on Phase 2 - estimated to complete June 2008 |
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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. |
Partially Complete |
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Phase 1 complete - The new disciplinary process came into effect with
the Regulations on Phase 2 - estimated to complete June 2008 |
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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 |
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Phase One complete. Phase Two estimated commence in June and complete by September 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. |
Partially complete |
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The Code of Conduct is complete and came into effect with the Regulations on 1 February 2008. Phase 2 - Implementation is expected to be complete by June 2008. |
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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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Technical Implementation estimated to complete end of April. |
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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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The estimated date to complete in June 2008 is unlikely due to the timeframe required for the procurement process and implementation. A revised timeline will be provided in the Quarter 4 report. |
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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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The estimated date to complete in June 2008 is unlikely due to the timeframe required for the procurement process and implementation. A revised timeline will be provided in the Quarter 4 report. |
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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 |
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Baseline audit completed. Planning for August 2008 audit has commenced with State Services Commission. 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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This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 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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This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 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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This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 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 now commence in June, not 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 |