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Recommendations from the Commission of Inquiry into Police Conduct

Current Status and Progress for the Quarter ended 31 March 2008

 

Recommendations

Status

Progress

Estimated time to completion

 

Police policies and procedures

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

  • Police continue to review and consolidate "all" police Corporate Instruments (all police administrative and operational policies and instructions)
  • A number of instruments have been reviewed, updated and published to staff and the remainder are under active review.
  • A number of obsolete policies have also been cancelled.
  • All Corporate instruments will be reviewed by 30 June 2009
  • An online library that has publishing capability is scheduled for delivery by 1 July 2008.
  • Corporate Instrument staff continue to prioritise, review and consolidate those instruments related to investigating complaints of misconduct against police officers, as well as those relating to the investigation of sexual assault allegations is a priority (COI Recommendations)
  • This work will be completed in conjunction with recommendations R2; R3; R10; R11; R16; R33; R39; R40; R52; R54.

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.

R2

New Zealand Police should ensure that general instructions are automatically updated when a change is made to an existing policy.

Completed

  • A new set of standardised instrument templates and instructions have been developed and implemented online
  • Formal development, consultation and approval processes have been implemented to ensure that general instructions are updated when a change is made to an existing policy
  • This process will be applied to the Corporate Instrument Document Management site as part of the "Corporate Instruments" initiative noted in recommendation R1.

Completed 2006

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

  • A set of policy principles for ensuring consistency in national instructions have been developed
  • The process on regional flexibility has commenced through development and implementation of Memorandum of Understanding templates and instructions
  • These principles and guidelines will be applied to the Corporate Instrument Document Management site as part of the "Corporate Instruments" initiative noted in recommendation R1.
  • First draft Local policy has been developed and the consultation phase about to commence.

National phase completed April 2007. Regional phase by June 2008

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

  • All the necessary appointments are made, the policy team was established in June 2007 and a work plan has been drawn up
  • As part of the policy process, relevant research and front-line staff will be involved to varying degrees in the development of all operational policy.

Completed June 2007

 

Police policies and procedures for complainants

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

  • An explicit policy was developed and published in June 2007 that specifies:
  • that the Commissioner of Police must be notified of any serious complaint made against a Police officer or any Police staff member
  • who is to notify the Police Commissioner and within what time frames.
  • As part of Recommendation 8, a technical solution has been reviewed and a business case is being prepared. This solution may be utilised to improve the current process of notifying the Commissioner of serious complaints.

Phase 1 relating to the policy completed in June 2007

Phase 2 - Ongoing improvement - the timeline will be determined by Recommendation R8

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

  • Access to information on the complaints process will be dealt with as part of an initiative for reviewing complainants rights
  • Preliminary meetings have been held with the Media Section of NZ Police. This is around enhancements to Police websites and other publications including pamphlets and the like for distribution across New Zealand.
  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April and will determine the timeline for completion.

This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008.

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

  • Police have contracted Gravitas Research and Strategy Ltd, a research company, to undertake a Citizens' Satisfaction survey on its behalf through the Service First Project. This survey replaces the previous satisfaction research that Police have used as a performance measure over many years and is conducted by telephone.
  • The questionnaire was tested during February and early March. The survey commenced on 12 March and will continue until June. This will give Police a baseline to compare future results against as an ongoing measure of police performance and citizens' satisfaction with Police.
  • The survey uses questions from the Common Measurements Tool. Police is piloting the Common Measurements Tool (CMT) for the State Services Commission. SSC has obtained the CMT under a licensing agreement with the Canadian government. Police and other agencies using the CMT will be able to benchmark results against results for citizens' satisfaction with Canadian public sector organisations.
  • A question from the CMT is being used to determine whether citizens who had a problem with Police service delivery or Police staff knew what they could do about it in accordance with Recommendation 7.
  • Participation in the survey is voluntary, and the information provided is confidential. The sample is made up of a random sample of the general population and a smaller targeted sample of people who have called the Police Communications Centre.

Estimated to complete the first periodic survey and baseline report in June 2008

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

  • This database exists currently and will form part of an Early Intervention solution.
  • A prototype of the Early Intervention system (American software solution) has been trialed across three Districts and one Service centre
  • This system and associated processes will require further development and consultation before national implementation
  • A business case is currently being prepared to enable the procurement of an appropriate system to meet Police requirements.
  • This recommendation will be delivered in conjunction with recommendations R47 and R48

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.

 

Adult Sexual Assault Investigation Policy

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

  • Continued consultation between Training Service Centre and Nat. Coord.: ASA around oversight and coordination of RNZPC and District Adult Sexual Assault Investigation Courses.
  • Ongoing implementation of the ASA policy, by way of District and RNZPC ASAI Training courses.
  • Formation of an ASA Core Reference Group (ASA-CRG), which includes internal and external agencies. ASAI Policy tabled as in need for revision and placement into new Police Manual.

Estimated to complete June 2009

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

  • Work has commenced on the new Police Manual structure and framework. Existing material has been placed within the structure for updating and aligning of Adult Sexual Assault Investigation Policy
  • Adult Sexual Assault Core Reference Group assembled and introduced to Police Manual format. Also the requirement for ASAI Policy to be revised.
  • New framework for ASAI Policy started and disseminated for consultation and feedback.

Estimated to complete June 2008

 

Communication of policies and training

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

  • Requirements have been defined for providing an online facility for Police staff, which will:
  • Track the delivery of online publications
  • Track the opening of the documents by staff
  • Provide a facility for testing staff’s understanding by requiring each staff member to answer a series of questions on-line, from the content of the policy or instruction
  • These requirements will be incorporated in the document management system as part of the "Corporate Instruments" initiative noted in recommendation R1.
  • ICT have identified two options to delivery this functionality, either through Lotus Notes or MOSS.
  • Ongoing evaluation of options continue.

Progressively to June 2009

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

  • As a result of the identification of the key linkages and dependencies within the Commission of Inquiry Programme of work, Training is now in a position to implement any training programmes required as a result of the development of policies and instructions.
  • Identification of interdependencies between recommendations has also enabled Police to effectively communicate key changes to policies and instructions.

Estimated to complete June 2009

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

  • Nationally mandated training is determined annually, reviewed, prioritised against a set criteria by the Training Governance Committee, and approved by the Police Executive.
  • A new district training model for district discretionary training was trialed and the results of the trial are being evaluated to determine if it will achieve the purpose, which is to target training to individuals on a needs basis while ensuring national consistency. Piloting of this programme has commenced in two districts.

 

 

Estimated to complete June 2009

 

Consistency and transparency in complaint processes

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

  • NZ Police existing process for complaint investigations requires updating to ensure national consistency across the board
  • The update will comprise the development of an instruction to complaint investigators on the standards required for complaint investigations
  • This instruction will form part of a generic template that is forwarded to investigators following receipt of a complaint against police.
  • NZ Police have commenced dialogue with the investigations and review team at the Independent Police Complaints Authority in order to better categorise files and investigations
  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April and will determine the timeline for completion.

This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008.

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

  1. realistic expectations at the start of an investigation about when key milestones are likely to be met
  2. the opportunity to comment on the choice of investigator
  3. regular updates on progress, and advance notice if the investigation is likely to be delayed for any reason
  4. assistance in understanding the reasons for any decision not to prosecute

Underway

  • Work continues around the improvement and promotion of Police form POL1060 with some delays being experienced with receiving feedback.
  • Implementation of Adult Sexual Assault Investigation policy (R9) by way Adult Sexual Assault Investigation training in Districts and RNZPC continues.
  • Revision and enhancement of Adult Sexual Assault Investigation Policy into the Police Manual by way of Adult Sexual Assault Core Reference Group (ASA-CRG) subject matter experts. These specific suggestions within the recommendation are looked to be included within either the new policy or manual.

Estimated to complete June 2008

 

Independence of investigations

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,

  • identify types and degrees of association
  • define a conflict of interest

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)

  • ensure that the risk of a conflict of interest involving investigation staff is considered at the outset of any investigation involving a police officer or police associate.

Underway

  • Work on the 'conflict of interest' component of this recommendation has commenced with draft guidelines prepared for refinement
  • Work on the wider instructions on 'independence of investigations' has not yet started
  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April.
  • This recommendation is linked to recommendations R14 and R20.

Commence 07/08 and estimated to complete June 2009

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

  • The original national ethics training package has been revised and incorporates material on conflicts of interest involving complaints against, or observed offending by, members of Police
  • The revised supervisors' ethics training package includes material on identifying and managing members who may be subject to such conflicts of interest.
  • Phase 2 is subject to the promulgation of two draft policies: "Report and be Protected" and "Conflicts of Interest". Training will be modified and updated accordingly. Anticipate completion by 30 June 2008.

Phase 1 completed.

Phase 2 ongoing

 

Support for sexual assault investigations

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

  • Continued consultation between Training Service Centre and Nat. Coord.: ASA around oversight and coordination of RNZPC and District Adult Sexual Assault Investigation Courses.
  • Ongoing implementation of the ASA policy, by way of District and RNZPC ASAI Training courses, 12 ASAI course undertaken or planned for in 2007/08 calendar.
  • Formation of an ASA Core Reference Group (ASA-CRG), which includes internal and external. ASAI Policy tabled as in need for revision and placement into new Police Manual.

Estimated to complete June 2009

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

  • Continued promotion of Sexual Abuse Assessment and Treatment Service (SAATS) which is promotes a medical/forensic model jointly funded by Police, ACC and Ministry of Health.
  • Continued work with Doctors for Sexual Abuse Care (DSAC) in providing workforce development training and expertise for creation of critical mass of providers for SAATS implementation.
  • Continued work with DSAC in seeking consistent and sustainable government funds for ongoing sector expertise and contributions.
  • Continued work with the Taskforce for Action on Sexual Violence where Crisis Support agencies will look to be better funded via Ministry of Social Development.
  • Continued work in identifying gaps around NZ where tripartite services are not in place, or are in place and need supporting.

Estimated to complete June 2009

 

Management assurance

R20

In relation to investigations of sexual assault complaints against police officers or police associates, New Zealand Police should have in place systems that

  • verify that actual police practices in investigating complaints comply with the relevant standards and procedures
  • ensure the consistency of practice across the country, for instance in the supervision of smaller and rural stations
  • identify the required remedial action where practice fails to comply with relevant standards
  • monitor police officers' knowledge and understanding of the relevant standards and procedures

Partially completed

  • The verification of compliance of police practices in investigating complaints, ensuring consistency of practice, identifying remedial action and monitoring of Police understanding of standards and procedures is a process that exists in Police
  • In relation to the investigation of all complaints against Police, there is a three step review process
  • First review of practice takes place at District level and a report with recommendations are sent to the national manager professional standards
  • Second review takes place at Police National Head Quarters by or on behalf of the national manager professional standards
  • Third review will be completed by the Independent Police Conduct Authority
  • These reviews check that the relevant standards and procedures have been applied
  • As a result of the process, police officers’ knowledge is evaluated
  • In order to ensure consistency and to comply fully with this recommendation, the applicable practice note will be reviewed and updated
  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April.
  • This recommendation will be reviewed in conjunction with recommendation R16, independence of investigation.

This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008.

 

Handling of complaints by the Police Complaints Authority

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.

 

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.

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.

 

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.

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.

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.

 

The Police Complaints Authority and legislative requirements

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.

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

  • encourages the [Independent Police Conduct Authority] to provide a reasonable level of communication with complainants on the progress of complainants; and
  • does not inappropriately prevent the [Independent Police Conduct Authority] from investigating complaints that may results in criminal or disciplinary proceedings being taken against a member of the police.

Underway

Cabinet has agreed to six proposals to enhance the role of the Authority, which will:

  • allow the Authority to undertake its own investigations of complaints about Police misconduct in defined circumstances
  • allow the Authority to conduct own motion investigations into serious incidents or incidents of significant public interest
  • amend the current secrecy and privilege provisions so that information gathered during the Authority’s investigations can be used in subsequent proceedings
  • give Authority investigators the necessary powers to carry out their enhanced investigatory role.
  • enable the Authority to decide whether there is sufficient evidence to warrant a criminal prosecution, in certain circumstances
  • allow the Official Information Act 1982 to apply to the Authority.

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.

 

Police disciplinary system procedures

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

  • The Social Development Committee, on 15 August 2007, instructed the Parliamentary Counsel Office (PCO) to draft the Regulations
  • Police were able to provide the PCO with draft Regulations that had already been through a rigorous consultation process with the service organisations, allowing the PCO to complete their instruction by 21 September 2007
  • New Regulations have been gazetted and took effect
    1 February 2008
  • Government sign off of new regulations will also allow the implementing of a number of other recommendations from the report, which are recommendations R34; R35; R37; R38; R39; R40; and R49.

New Regulations came into effect on 1 February 2008 and therefore this recommendation is complete

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

  • The implementation of the new Regulations and the Code of Conduct, will bring Police's employment and disciplinary processes more into line with the general employment framework operated by Government and private sector employers in New Zealand
  • The new Regulations that have been gazetted include the principles of the disciplinary processes
  • Procedure and guidance notes for supervisors have been developed and distributed
  • The Code of Conduct was distributed to all staff on 18 January 2008.
  • The Code of Conduct is currently being implemented within NZ Police
  • Disciplinary policy that reflects the new processes will be incorporated in collective agreements.

Phase 1 complete - The new disciplinary process came into effect with the Regulations on
1 February

Phase 2 - estimated to complete June 2008

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

  • The disciplinary process allows clear separation of criminal matters from disciplinary matters
  • The process also allows for serious misconduct, whereby matters are referred to an independent disciplinary hearing that will undertake an inquisitorial role to inquire into the misconduct
  • This work has been done in consultation with the team that is working on the new Police Act. Introduction coincides with the new regulations.

Phase 1 complete - The new disciplinary process came into effect with the Regulations on
1 February

Phase 2 - estimated to complete June 2008

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

  • Joint working between Human Resources and Professional Standards has started on consolidating and implementing policies and changes, including joint working on disciplinary processes under the revised regulations.
  • The plan has been approved for Police National Headquarters Human Resources and Professional Standards staff to share office space. There is no fixed date for the planned moved yet. Office procedures will be reviewed across the teams.
  • In February, an external party reviewed the processes and procedures between the two groups and make recommendations to streamline activity. NZ Police awaits the report from the consultant on the review of the processes and procedures.
  • 12 of the 13 District Employee Practice Managers have commenced work. A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April. There is already a closer working relationship between HR and Professional Standards. However, a number of issues have been identified as the Code of Conduct has been implemented that will require ongoing work to gain understanding.

Estimated to complete June 2009

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 was completed and the report delivered to the Commissioner in November 2007.
  • The second phase will commence June 2008 when Police have implemented their Code of Conduct and the new Police Regulations are in place.

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

 

Code of conduct for police officers

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

  • A Code of Conduct now exists within NZ Police for both sworn and non-sworn staff.
  • The Code of Conduct was distributed to all staff on
    18 January 2008 and came into effect with the Regulations on 1 February 2008.
  • It is now going through the process of being implemented within NZ Police and is expected to be completed by June 2008.
  • 12 of the 13 Employee Practice Managers have now started with NZ Police. An induction conference has been delivered, with EPMs introduced to the new disciplinary practices. The provisional appointment of the remaining Employee Practice Manager is expected to be completed by the end of April 2008.

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.

 

Police Sexual Harassment Policy

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

  • The Sexual Harassment Policy has been re-written to apply to all forms of harassment and allows for parties to attend mediation where the harassment is at a low level and the remedies are within the power of the respondent e.g. apology
  • Under the policy all mediation settlements will be signed by the parties and by the mediator so that they are full, final and binding
  • The policy has been through initial consultation internally and with service organisations
  • Extensive revisions were made that required further consultation and this process has started
  • First consultation completed and revised draft will be consulted with service organisations.
  • Final amendments to policy being made, prior to final union consultation.

Technical Implementation estimated to complete end of April.

 

Police policy on inappropriate sexual conduct and relationships

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

  • specify actions and types of behaviour of a sexual nature that are inappropriate or unprofessional
  • prohibit members of police from entering any relationship of a sexual nature with a person over whom they are in a position of authority or where there is a power differential
  • provide guidance to members and their supervisors about how to handle concerns about a possible or developing relationship that may be inappropriate
  • emphasise the ethical dimensions of sexual conduct, including the need for police officers to avoid bringing the police into disrepute through their private activities.

Underway

  • The Professional Relationship Policy covering those items listed within R40 is currently under development. The Policy will align with the Code of Conduct
  • The Policy will go through the various levels of consultation
  • The Policy is on target to be completed by June 2008.

Estimated to complete June 2008

 

Police email and computer use policies

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

  • A new policy that addresses this recommendation, was introduced in 2006
  • All users of Police computer systems are required to acknowledge the new policy on computer use, including email and internet usage, each time the user logs on
  • The logon screen reads as follows:
    "Use of this computer system is subject to statutory requirements and Police policy - refer to General Instructions A400-406, C800-803 and S600-603.
    All usage of the system and information on it may be subject to review. There should be no expectation of privacy of information or communication.
    Proceeding with the logon, beyond this screen, is deemed to be an acknowledgement of the conditions of use
    Misuse of the system or information on it may result in disciplinary action or prosecution.
    To accept and continue press Ctrl-Alt-Delete and enter your QID and password."

Completed 2006

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

  • Each time a user logs on to the Police system they are required to acknowledge the acceptable use policies for internet and email
  • In relation to recruit training, recruits are given a full copy of the policy, which they must read. They are led through the basic process of logging in and out of the Police IT systems and application of the policy is discussed using examples. They are required to sign a letter stating they have read and understood the policy.

Completed 2006

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

  • Each time a user logs on to the Police system they are required to acknowledge the acceptable use policies for internet and email. Completed.
  • In relation to recruit training, recruits are given a full copy of the policy and are taken through examples in training. They then sign a letter stating that they have read and understood the policy. Completed.
  • These requirements for communicating and tracking acknowledgement of changes have been defined with recommendation R11 and will be delivered as part of the "Corporate Instruments" initiative noted in recommendation R1. They will be deemed as critical instructions.

Estimated to complete June 2009

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

  • The early intervention system identified in recommendation R48, has been established and now contains information from the last 12 months of Internet Reports
  • NZ Police are trialing a new system that will provide improved monitoring and reporting and expected to be complete by April 2008
  • The implementation of the new system will see this recommendation complete.

Estimated to complete June 2008

 

Ethics training and ethics committees

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

  • The revised national ethics training package was currently mandated for all members for the year 2006/07 and in most Districts has been rolled over into the 2007/08 year.
  • 105 members across all Districts have been trained over the past year to deliver this national training package within Districts and Service Centres
  • A refresher training package has been developed and is being delivered to staff who have previously received the initial training
  • The content and frequency of refresher training is yet to be determined.

Ongoing and estimated to complete June 2008

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

  • An assessment has been made of the current state of ethics committees across police and has identified that most districts operate ethics committees
  • Draft policy and guidelines on the establishment of an Ethics Committee from Policy Group has been circulated and is receiving feedback.
  • A paper has been prepared with recommendations and is undergoing consultation with districts. Once consultation is complete it will be presented to the Police Executive for approval.

Assessment completed.

Outcome expected to be implemented by June 2008

 

Early warning system and performance management

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

  • A prototype for Early Intervention reporting has been trialed across three Districts and one Service Centre. A final summary report on the findings is in the process of being prepared
  • The Early Intervention system and associated processes will then be further developed and consulted before national implementation
  • This recommendation will be delivered in conjunction with recommendations R8 and R48

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.

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

  • This recommendation has been identified as a requirement of the Early Intervention system and is being evaluated as part the trial noted in recommendation R47
  • This recommendation will be delivered in conjunction with recommendations R8 and R47.

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.

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

  • The performance and development appraisals process will be reviewed as part of the introduction of the revised Code of Conduct
  • This recommendation will also consider any findings from the State Services Commission review of performance management as noted in recommendation R37

Estimate to complete June 2009

 

Police Culture

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

  • All NZ Police recruitment marketing and communications material is developed with the target audiences in mind. The creative strategy is tailored around messages that would effectively reach and appeal to people within Police's targeted demographics
  • Police's media purchasing and placement is aligned with the media consumption habits of those target groups, for example, a campaign aimed at recruiting women utilises a television commercial that features a female lead character and is advertised in media where women are the main audience
  • Recruitment material has and continues to be developed in order to effectively engage people from specific target groups, such as members of New Zealand's Asian, Maori and Pasifika communities
  • Direct marketing material, press adverts, posters and brochures have been developed for these targeted groups
  • Female focused television commercials are currently being broadcasted
  • Female specific seminars are being held in Auckland and about 30,000 female focused flyers have been placed in retail outlets around Auckland that attract a predominantly female customer base
  • Police continue to create public relation opportunities such as securing profiles of female police officers within magazines
  • Maori centric communication material has been developed and distributed throughout Maori communities
  • Te Haerenga, a Maori focused roadshow, visited 12 cities around the country from Whangarei on 17 March 2008 to Invercargill on 2 April 2008. Te Haerenga is a unique presentation in which currently serving Police officers with varying whakapapa share their work stories-through a mixture of waiata, korero and kapa haka. Te Haerenga involved NZ Police engaging with and performing to Iwi and other Maori organisations and individuals.
  • Police have utilised Asian, specifically Chinese/Mandarin, media for advertising and press releases and Police have run Asian only seminars
  • Diversity Responsiveness Group has been formed and will be run by TSC - first meeting 23 January 2008 - next meeting 21 May
  • Ongoing writing and monitoring of the District Equity & Diversity strategic plans including District initiatives for Rec 50
  • Human Rights Focus Group to discuss embedding of human rights throughout NZ Police, with a meeting with the Human Rights Commission held on 27 March 2008.
  • The work being done with PRECEP is proving valuable with now a source of ready recruits following through from the Auckland region.
  • Constable Cao the first Asian recruit to top their wing.

Ongoing

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 results of the 2007 baseline survey has been rolled out to Districts and managers who are dispersing the information to all staff.

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

 

Reporting of allegations of sexual misconduct

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

  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April.
  • The writing and implementation of this policy will take cognisance of recommendations R53; R54 and R56.

This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008.

R53

New Zealand Police should ensure that the policy and the approach of "report and be protected" are well understood and implemented nationally.

Underway

  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April.
  • This will be achieved as part of recommendation R52.

This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008.

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

  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April.
  • This will be achieved as part of recommendation R52.

This estimated to complete date of June 2008 will be subject to the outcome of the workshop in April 2008.

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

  • This is a key focus of the current ethics training programme
  • The ethics training emphasises the responsibility of supervisors and managers in determining the culture that exists and the need for the culture to support members who make allegation of wrongdoing against other members or disclose such wrongdoing
  • This training is delivered on all NCO and Commissioned Officer promotion Qualifying Courses as well as within Districts
  • The revised policy on report and be protected, as identified in recommendations R52 and R54, will be incorporated into the national ethics training content once signed off.
  • Phase 2 is subject to the promulgation of two draft policies: "Report and be protected" and "Conflicts of Interest". Training will be modified and updated accordingly.

Estimated to complete June 2008 (Phase 2)

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

  • This approach for communicating this is being documented as part of the implementation of the "Report and be protected" policy identified in R52.
  • A workshop with key senior professional standards managers and policy staff will be convened to review national standards and policies and develop a national implementation plan. The workshop is planned to be conducted in April.

Ongoing

 

Community engagement and feedback

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

  • A stocktake of current mechanisms for community engagement occurring in Districts was carried out. Districts were also asked to provide suggestions on possible ways to engage with the community in line with Recommendation 57.
  • This information was used to identify a proposed approach using current community engagement mechanisms and was presented to Police Executive Meeting (PEM) on 11 February. PEM has directed that a draft community engagement model for addressing Recommendation 57 with associated guidelines and implementation plan be prepared for them by 30 June 2008

Estimated to complete June 2009

 

Implementation and monitoring of police initiatives

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

  • Interdependencies between recommendations have now been identified and logical workstreams have been confirmed. Police will now work through the process of identifying any dependencies external to the recommendations.
  • The reprioritisation of recommendations will take place in April 2008.
  • The Commission of Inquiry Executive Dashboard that provides visibility of risks, issues, and status reporting across all 48 recommendations to key stakeholders has now been implemented and is fully operational.

Estimated to complete by 2017

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

  • The State Services Commission’s initial review of the Police approach and progress to the implementation of the programme of work was completed and the final report delivered to the Commissioner in November 2007
  • SSC and Police have agreed to combine work on reviewing progress under R37 and R59. Scope and approach are currently being developed and the review will now commence in June

Initial SSC Review complete. Follow up review will now commence in June, not March 2008.

Estimated to complete by 2017

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

  • NZ Police recently met with the Office of the Auditor-General and provided the current status of the Programme of work, and highlighted the dependencies between recommendations.
  • NZ Police have engaged their internal Assurance group to work with the Office of the Auditor-General with regards to this recommendation.
  • Ongoing meetings with the Office of the Auditor-General, the Assurance Group, and the Commission of Inquiry Programme Manager will be established and the approach for going forward agreed.

Estimated to complete by 2017