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Table of Contents

(Report of the Commission of Inquiry into Police Conduct)


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Volume 1

Acknowledgments

Commissioner’s Overview

Executive Summary

RECOMMENDATIONS

1. INTRODUCTION AND CONTEXT

Events leading to establishment of the Commission
Commission of Inquiry appointed

Course of the inquiry Public expectations of the Commission and the police
Use of terms

2. STANDARDS AND PROCEDURES FOR COMPLAINT INVESTIGATIONS

Background details of relevance to this chapter
Introduction
Complaints reviewed

General description of police policy structure Policy documents regarding internal investigations Adequacy of the internal investigation policies Policies and procedures in respect of sexual assault allegations Communication of standards and procedures Overall assessment of the adequacy of police standards and procedures Recommendations

3. POLICE PRACTICE IN COMPLAINT INVESTIGATIONS

Introduction

Practice in investigation of specific complaints: constraint on inquiry

Practice in complaint investigation

The process of making a complaint

Appointing an investigating officer Conduct of a sexual assault investigation Exercise of the discretion to prosecute Communication and management of complaints Ensuring compliance with standards and procedures

Monitoring the investigation of complaints against the police

Monitoring the investigation of complaints against associates of the police
National consistency, district autonomy, and constabulary independence Recommendations

4. POLICE INVESTIGATIONS ON BEHALF OF THE POLICE COMPLAINTS AUTHORITY

Background details of relevance to this chapter

The Police Complaints Authority
Scope of my inquiry in relation to the Police Complaints Authority
Current legislative context of the Police Complaints Authority

Structure of the Police Complaints Authority
Number of complaints received
Interaction between the Police Complaints Authority and the police Adequacy of police investigations on behalf of the PCA
PCA Involvement with complainants of sexual assault Independent Police Complaints Authority Amendment Bill
Changes to the Police Complaints Authority proposed by the police Recommendations

5. POLICE DISCIPLINARY ACTION

Background details of relevance to this chapter

The New Zealand Police disciplinary system

Police disciplinary actions taken
Submissions received on aspects of the disciplinary system
The wider employment context
Issues arising in respect of the police disciplinary system for sworn staff Adequacy of the current disciplinary system Options for reform Recommendations

6. STANDARDS AND CODES OF CONDUCT IN RELATION TO PERSONAL BEHAVIOUR

Background details of relevance to this chapter

Introduction
Existing codes of conduct
Corporate expressions of standards of personal behaviour Sexual harassment
Issues about the adequacy or effectiveness of standards Actions if standards and codes of conduct are not met
Police Initiatives to enhance standards of personal behaviour Recommendations


7. POLICE ATTITUDES TO INVESTIGATIONS AND DISCLOSURE OF WRONGDOING

Background details of relevance to this chapter

Police culture Reporting knowledge of wrongdoing Recommendations

8. THE FUTURE

Police responses to the establishment of the Commission
Community engagement
Other external input and oversight

Concluding comment

Recommendations



Volume 2: Appendices

    APPENDIX 1: TERMS OF REFERENCE (.pdf) 90k*

    The terms of reference for the Commission of Inquiry into Police Conduct were given by Order in Council on 18 February 2004 (see Appendix 1.1). A subsequent Order in Council on 2 May 2005 modified the directions to the Commission of Inquiry into Police Conduct, and its membership and reporting time (Appendix 1.2).

        Appendix 1.1: Order in Council, 18 February 2004

        Terms of reference for the Commission of Inquiry into Police Conduct at the time of its constitution by Order in Council, 18 February 2004.

        Appendix 1.2: Order in Council, 2 May 2005

        Directions to the Commission of Inquiry into Police Conduct, and modification of its membership and reporting time, given by Order in Council, 2 May 2005.




    APPENDIX 2: PROCESSES OF THE COMMISSION (.pdf) 120k*

    This appendix is the detailed account of the processes of the Commission of Inquiry into Police Conduct. It adds to the information presented in Chapter 1 on the course of the inquiry.


    APPENDIX 3: COMMISSION RULINGS AND MEMORANDA (.pdf) 372k*

    Rulings and memoranda by the Commission of Inquiry into Police Conduct, from 16 April 2004 to 28 July 2006. Those that can be made public are published as Appendices 3.1 to 3.9.

        Appendix 3.1: Commission Ruling, 16 April 2004

        Ruling of the Commission of Inquiry into Police Conduct, 16 April 2004. This deals with the parameters and time frame of the inquiry.

        Appendix 3.2: Commission Ruling, 28 May 2004

        Ruling of the Commission of Inquiry into Police Conduct, 28 May 2004. This deals with a time frame for hearings and confidentiality for persons giving evidence.

        Appendix 3.3: Commission Ruling, 27 August 2004

        Ruling of the Commission of Inquiry into Police Conduct, 27 August 2004. This deals with private and public hearings; name suppression; and the possible effects of the Commission’s planned programme on current police investigations and criminal processes, and the consequent need to amend the work programme of the Commission.

        Appendix 3.4: Commission Ruling, 22 November 2005

        Ruling of the Commission of Inquiry into Police Conduct, 22 November 2005. This deals with a proposal to seek information from people involved in supporting those who have complained of sexual assault.

        Appendix 3.5: Commission Memorandum, 15 December 2005

        Memorandum of the Commission of Inquiry into Police Conduct re Jurisdiction in relation to the Police Complaints Authority, 15 December 2005. This appendix includes the memorandum of the Commission of 15 December 2005 and a memorandum of advice for the Commissioner by Mr Douglas White QC, dated 14 December 2005.

        Appendix 3.6: Memorandum of Advice, 15 February 2006

        Use of and reliance on the Commissioner’s knowledge and experience for the findings and recommendations in the report of the Commission of Inquiry into Police Conduct, a memorandum of advice for the Commissioner by Mr Douglas White QC, 15 February 2006. This appendix includes a submission to the Commissioner by counsel assisting, 13 January 2006.

        Appendix 3.7: Commission Memorandum, 28 July 2006

        Memorandum of the Commission of Inquiry into Police Conduct re jurisdictional and statutory issues regarding the Police Complaints Authority, 28 July 2006. This appendix includes the memorandum of the Commission of 28 July 2006 and a memorandum of advice for the Commissioner by Mr Douglas White QC, dated 28 July 2006.

        Appendix 3.8: Commission Memorandum, 13 October 2006

        Memorandum of the Commission of Inquiry into Police Conduct re new material in the Commission’s report, 13 October 2006. This appendix includes the memorandum of the Commission of 13 October 2006 and a memorandum of advice for the Commissioner by Mr Douglas White QC, dated 12 October 2006.

        Appendix 3.9: Commission Memorandum, 25 January 2007

        Memorandum of the Commission of Inquiry into Police Conduct relating to matters raised by Counsel for New Zealand Police at the hearing of 11 December 2006.




    APPENDIX 4: NEW ZEALAND POLICE: BACKGROUND INFORMATION AND RECENT INITIATIVES (.pdf) 95k*

    This appendix supplies more information about the police to provide further context to the processes and findings of the Commission of Inquiry into Police Conduct. It also summarises certain initiatives undertaken by New Zealand Police since the establishment of the Commission of Inquiry into Police Conduct aimed at strengthening aspects of the police management and investigative processes.

    APPENDIX 5: WITNESSES APPEARING BEFORE THE COMMISSION (.pdf) 65k*

    This appendix lists 45 named witnesses appearing before the Commission of Inquiry into Police Conduct. Names of submitters and supporters are not included for reasons of privacy.

    APPENDIX 6: SOURCE DOCUMENTS (.pdf) 65k*

    This appendix lists the documents reviewed by the Commissioner during the course of the Commission of Inquiry into Police Conduct.

    APPENDIX 7: COMMISSION ESTABLISHMENT (.pdf) 75k*

    This appendix lists people and organisations that assisted the Commission at various times throughout the course of the inquiry.

    LIST OF ABBREVIATIONS (.pdf) 50k*

    NOTES FOR READERS (.pdf) 60k*

    *These documents are in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site.


    (Report of the Commission of Inquiry into Police Conduct)


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    Last updated: 03/04/2007