Modernising Police Legislation in New Zealand

Many Commonwealth countries recognise the need to modernise the legislative platforms for their police. One of the parallels to the Indian government’s work to rewrite the 1861 Police Act is a law reform project in New Zealand. This article describes the New Zealand project. It also highlights ways to learn more, track progress or become involved in developing new police legislation for the southern-most Commonwealth member state.

‘First Principles’ Review

In March 2006, the New Zealand government announced a comprehensive review of the Police Act 1958 and Police Regulations 1992 (accessible electronically from http://www.legislation.govt.nz). As well as overcoming constraints that have become apparent from an increasingly out-of-date Police Act, it is hoped that the review might also help foster a conversation about communities’ expectations of policing. The background government Cabinet paper speaks of the review “allow[ing] New Zealanders to articulate what kind of police service they want, and to give them a direct voice in shaping the kind of legislative arrangements that can help deliver that style of policing” (see http://www.policeact.govt.nz/cabinet-business-committee-paper.html).

The hope that the Police Act review might stimulate a broader public conversation about policing reflects the importance of bringing in a range of views when designing new police legislation. A trusted police service is often seen as a key feature of a healthy democracy but, as one noted criminologist has remarked, precisely because it is viewed as a vital institution, policing “tends to be a socially invisible, undiscussed routine” (Robert Reiner, The Politics of the Police [2000], p 9). The Police Act review aspires to change this, offering a tangible way that members of the public can have a say in what sort of legislative building blocks should be put in place for policing in New Zealand.

There is also a willingness to go back to first principles and to challenge assumptions. For instance, the Police Act 1958 contains no explicit statement of the role or functions of New Zealand Police. This lack of clarity encourages debate about the purposes of policing, begging the question whether a new Police Act should describe New Zealand Police’s fundamental areas of responsibility.

Timing and Process

The task of writing a new Police Act and accompanying set of Regulations for New Zealand is planned over a two-year period, with opportunities for public input throughout the process. On current projections, a Police Bill is expected to be introduced to New Zealand’s House of Representatives in 2008.

Three main phases of consultation are anticipated. First, to stimulate discussion as early as possible, a series of issue papers are being prepared. The papers address some of the central issues in policing, such as the constitutional dividing line between Police and Government, and are aimed at encouraging debate. Three such papers have already been released - dealing with principles of policing, governance and accountability, and police employment arrangements. Subsequent papers will cover topics such as community engagement, police powers and protections, and conduct and integrity.