This Act may be cited as the Independent Police Conduct Authority Act 1988.

This Act shall come into force on a date to be fixed by the Governor-General by Order in Council.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

In this Act, unless the context otherwise requires,—

This Act shall bind the Crown.

There is an authority known as the Independent Police Conduct Authority.

The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.

The members of the Authority are the board for the purposes of the Crown Entities Act 2004.

Except as expressly provided in this or any other Act, the Authority must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

The Authority consists of up to 5 members appointed by the Governor-General on the recommendation of the House of Representatives.

Subsection (1) applies despite section 28(1)(b) of the Crown Entities Act 2004.

The Governor-General, on the recommendation of the House of Representatives, must appoint 1 member as the chairperson of the Authority.

A person appointed as the chairperson of the Authority must be a Judge or a retired Judge.

Subsection (1) applies despite clause 1(2) of Schedule 5 of the Crown Entities Act 2004.

The appointment of a Judge as a member of the Authority does not affect his or her judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges that he or she has as a Judge, including matters relating to superannuation.

The time a Judge serves as a member of the Authority must be taken as service as a Judge.

A member may resign from office by written notice to the Governor-General (with a copy to the Authority) signed by the member.

The resignation is effective on receipt by the Governor-General of the notice or at any later time specified in the notice.

This section applies despite section 44 of the Crown Entities Act 2004.

Section 42 of the Crown Entities Act 2004 applies to any member who is a Judge.

Section 39(1) of the Crown Entities Act 2004 does not apply to any member.

Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.

Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.

If a vacancy occurs in the membership of the Authority, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.

Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next ensuing session of Parliament.

An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.

For the purpose of providing a superannuation fund or retiring allowance for members of the Authority, sums by way of subsidy may from time to time be paid into any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

The income of the Authority shall be exempt from income tax.

The functions of the Authority shall be—

In the course of taking action in respect of any complaint the Authority may investigate any apparent misconduct or neglect of duty by a Police employee, or any Police practice, policy, or procedure, which appears to the Authority to relate to the complaint, notwithstanding that the complaint itself does not refer to that misconduct, neglect, practice, policy, or procedure.

The Authority may receive complaints relating to a matter specified in subsection (1)(a) that occurred before, on, or after 1 April 1989.

Nothing in subsection (1) shall authorise the Authority to investigate any matter relating to the terms and conditions of service of any person as a Police employee.

Where a Police employee acting in the execution of his or her duty causes, or appears to have caused, death or serious bodily harm to any person, the Commissioner shall as soon as practicable give to the Authority a written notice setting out particulars of the incident in which the death or serious bodily harm was caused.

A complaint may be made either orally or in writing.

A complaint made orally shall be reduced to writing as soon as practicable.

A complaint may be made to the Authority, to any Police employee, to an Ombudsman, or, where the complaint is in writing, to a Registrar or Deputy Registrar of the District Court.

Any Ombudsman or Registrar or Deputy Registrar to whom a complaint is made shall forward it to the Authority as soon as practicable.

Notwithstanding any provision in any enactment, where any letter appearing to be written by or on behalf of—

is addressed to the Authority, the person for the time being in charge of the place or institution where the person is in custody or is a patient shall immediately forward the letter, unopened, to the Authority.

The Commissioner shall notify the Authority of every complaint received by the Police, other than a complaint notified to the Commissioner by the Authority.

Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.

The Authority shall notify the Commissioner as soon as practicable of every complaint received by it, other than a complaint notified to it by the Commissioner.

On receiving or being notified of a complaint under this Act, the Authority may do all or any of the following:

Subject to subsection (2A), the Authority shall, as soon as practicable, advise the Commissioner and the complainant of the procedure it proposes to adopt under subsection (1).

Where—

the Authority is not required to inform the complainant in accordance with subsection (2) of the procedure it proposes to follow.

Where any complaint appears to the Authority to be capable of resolution by conciliation, it may indicate that view to the Commissioner.

The Authority may in its discretion decide to take no action, or, as the case may require, no further action, on any complaint if—

The Authority may decide not to take any further action on a complaint if, in the course of the investigation of the complaint by the Authority or the Police, or as a result of the Commissioner’s report on a Police investigation, it appears to the Authority that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.

In any case where the Authority decides to take no action, or no further action, on a complaint, it shall inform the complainant of that decision and the reasons for it.

The Authority may at any time—

The Commissioner shall as soon as practicable, and in no case later than 2 months, after the completion of a Police investigation of a complaint, report to the Authority—

When reporting to the Authority under this section, the Commissioner shall supply to the Authority accompanying material sufficient to enable the Authority to assess the adequacy of the Police investigation.

The Commissioner may consult the Authority on any Police proposals for action on a complaint before reporting to the Authority under this section.

The Commissioner shall, whenever the Authority so requests, provide to the Authority all such information and assistance as is necessary for the proper performance by the Authority of its functions in relation to its investigation of any complaint, incident, or other matter under this Act.

Where the Authority oversees a Police investigation of a complaint, the Commissioner shall, whenever the Authority so requests, provide to the Authority—

Nothing in this Act shall prevent the Commissioner from commencing or continuing a Police investigation into any complaint, incident, or other matter.

If, either before or after the commencement of a Police investigation, the Commissioner forms a view that the complaint, incident, or other matter should be investigated by the Authority, the Commissioner may request the Authority to do so.

Before proceeding to investigate any matter under this Act the Authority shall inform the Commissioner, the complainant (if any), and, unless the interests of justice otherwise require, any person alleged to be aggrieved (if not the complainant) of its intentions to make the investigation.

Every investigation by the Authority under this Act shall be conducted in private.

Subject to section 31,—

Subject to the provisions of this Act, the Authority may regulate its procedure in such manner as it thinks fit.

The Authority has, for the purposes of any hearing under subsection (3), the same powers as are conferred on commissions of inquiry by sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908, with all necessary modifications.

Sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908 apply to all persons involved in any capacity in a hearing under subsection (3) as if the inquiry were being conducted by a Commission under that Act.

If there is any inconsistency between a provision of this Act and a provision of the Commissions of Inquiry Act 1908 referred to in subsection (5) or (6), the provision of this Act prevails.

The Authority may require any person who in its opinion is able to give information relating to any matter under investigation by the Authority to furnish such information, and to produce such documents or things in the possession or under the control of that person, as in the opinion of the Authority are relevant to the subject matter of the investigation.

The Authority may summon before it and examine on oath any person who in its opinion is able to give any information relating to the matter under investigation, and may for the purpose administer an oath to any person so summoned.

Every such examination by the Authority shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

Except as provided in subsection (2) and in section 26(2), every person shall have the same privileges in relation to the giving of information to the Authority, the answering of questions put by the Authority, and the production of documents and things to the Authority, as witnesses have in any court.

Where the Authority requires any person to give any information or produce any document or thing, and compliance with that requirement would breach an obligation of secrecy or non-disclosure imposed on that person by or under any enactment,—

No person shall be liable to prosecution for an offence against any enactment, other than section 37, by reason of that person’s compliance with any requirement of the Authority under section 24.

Except in proceedings for perjury within the meaning of the Crimes Act 1961 in respect of sworn testimony given before the Authority, or for an offence against section 37,—

Where the attendance of any person is required by the Authority under section 24, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,—

Where—

the Authority shall not require the information to be given, or, as the case may be, the document or thing to be produced.

Except as provided in subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest, shall not apply in respect of any investigation by or proceedings before the Authority.

Where the Authority itself undertakes an investigation under this Act it shall form an opinion on whether or not any decision, recommendation, act, omission, conduct, policy, practice, or procedure which was the subject matter of the investigation was contrary to law, unreasonable, unjustified, unfair, or undesirable.

The Authority shall convey its opinion, with reasons, to the Commissioner, and may make such recommendations as it thinks fit, including a recommendation that disciplinary or criminal proceedings be considered or instituted against any Police employee.

Where the Commissioner reports to the Authority, pursuant to section 20, on a Police investigation of a complaint, the Authority shall form an opinion on whether or not any decision, recommendation, act, omission, conduct, policy, practice, or procedure which was the subject matter of the investigation was contrary to law, unreasonable, unjustified, unfair, or undesirable.

After considering the Commissioner’s report and forming its opinion, the Authority—

The Commissioner shall, as soon as reasonably practicable after receiving any recommendation of the Authority under section 27(2) or section 28(2),—

If, within a reasonable time after a recommendation is made, no action is taken which seems to the Authority to be adequate and appropriate, the Authority must, after considering any comments made by the Commissioner,—

The Attorney-General shall, as soon as practicable after receiving a report under subsection (2)(b), lay the report before the House of Representatives.

Where the Authority investigates a complaint, it shall—

The Authority shall not, in any opinion or recommendation given under section 27 or section 28, or in any report made or published under section 29 or section 34, make any comment that is adverse to any person unless that person has been given a reasonable opportunity to be heard.

The Authority, every member of the Authority, and every person holding any office or appointment under the Authority, shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions, and shall not communicate any such matter to any person except for the purpose of carrying out their functions under or giving effect to this Act.

Notwithstanding subsection (1), the Authority may disclose such matters as in the opinion of the Authority ought to be disclosed—

other than any matter which is likely to prejudice any of the interests described in subsection (1) of section 26, whether or not any certificate has been given under that subsection.

Subsection (1) applies to a person employed in the department responsible for the administration of the Public Records Act 2005 or to a person employed by or in a repository approved under section 26 of the Public Records Act 2005, and who has access to public records in respect of which the Authority is subject to an obligation of secrecy under this section.

Subject to subsection (2),—

Nothing in subsection (1) applies in respect of proceedings for—

Anything said or any information given or any document or thing produced by any person in the course of any investigation by or proceedings before the Authority under this Act shall be privileged in the same manner as if the investigation or proceedings were proceedings in a court.

For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992,—

shall be deemed to be an official report made by a person holding an inquiry under the authority of the Government of New Zealand.

This section applies despite section 121 of the Crown Entities Act 2004.

Sections 59(3) and 60 of the Crown Entities Act 2004 do not apply unless the entity bringing the action, or the person making the application, shows that the member, employee, or office holder of the Authority acted in bad faith.

The Authority may from time to time, in the public interest or in the interests of any person, publish reports relating to—

whether or not the matters dealt with in the report have been the subject of a report to the Attorney-General and the Minister of Police, or to the House of Representatives, under section 29.

The Commissioner may, after receiving from the Authority any opinion or recommendation given under section 27 or section 28, publish all or any part of the opinion or recommendation.

In determining the desirability or extent of publication under subsection (2), the Commissioner shall take into account any recommendation of the Authority concerning publication.

Neither the Authority nor the Commissioner shall, in any report published under this section, disclose any matter which is likely to prejudice any of the interests described in subsection (1) of section 26, whether or not any certificate has been given under that subsection.

Every person commits an offence under this Act and is liable on conviction to a fine not exceeding $2,000 who,—

Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

Any complaint made to the Police Complaints Authority before the commencement of the Independent Police Conduct Authority Amendment Act 2007 that had not been finally dealt with before the commencement of that Act must be dealt with by the Authority under this Act (as amended by the Independent Police Conduct Authority Amendment Act 2007), whether or not any action was taken in relation to the complaint before the commencement of the Independent Police Conduct Authority Amendment Act 2007.

The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007, held office as the Police Complaints Authority under section 4(2) of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007) is taken to have been appointed to the office of chairperson of the Authority under section 5A(1) of this Act (as substituted by section 9 of the Independent Police Conduct Authority Amendment Act 2007).

The person who is taken to have been appointed as the chairperson of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 4(2) of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007).

The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007, held office as a Deputy Police Complaints Authority under section 8 of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007) is taken to have been appointed as a member of the Authority under section 5(1) of this Act (as substituted by section 9 of the Independent Police Conduct Authority Amendment Act 2007).

The person who is taken to have been appointed as a member of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 8 of this Act (as it read immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007).

Every employee or officer appointed by the Police Complaints Authority immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007 is, on and from that date, an employee or officer of the Authority on the same terms and conditions that applied to the employee or officer immediately before that date.

For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee or officer,—

A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee or officer of the Police Complaints Authority.

On the commencement of the Independent Police Conduct Authority Amendment Act 2007, unless the context otherwise requires, every reference to the Police Complaints Authority in any contract or other instrument, document, or notice must be read as a reference to the Independent Police Conduct Authority.

Any proceedings to which the Police Complaints Authority was a party or that the Police Complaints Authority was considering bringing before the commencement of the Independent Police Conduct Authority Amendment Act 2007 may be brought, continued, completed, and enforced by or against the Authority.

On the commencement of the Independent Police Conduct Authority Amendment Act 2007, the assets and liabilities of the Police Complaints Authority vest in the Authority.

The Authority must perform the reporting requirements, and comply with the reporting obligations, relating to annual financial statements, annual reports, and audits that the Police Complaints Authority would have performed and complied with under the Police Complaints Authority Act 1988, the Crown Entities Act 2004, the Public Finance Act 1989, and any other enactment.

On the commencement of the Independent Police Conduct Authority Amendment Act 2007, the obligations, duties, rights, and powers of the Police Complaints Authority under the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 must be performed by, may be exercised by, or apply to, the Authority.