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Independent Police Conduct Authority Act 1988

Functions of Authority

12: Functions of Authority

You could also call this:

"The Authority's jobs include looking into complaints and unfair things the Police do."

Illustration for Independent Police Conduct Authority Act 1988

The Authority has some jobs to do. You can make a complaint to the Authority about a Police employee who you think has done something wrong or not done their job properly. The Authority can also look into things that might be unfair or not right, even if you do not make a complaint about them. The Authority can investigate things that happen to people, like when someone gets hurt or dies, if the Police tell them about it under section 13. You can make a complaint about something that happened before, on, or after 1 April 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126283.

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Topics:
Crime and justice > Police and safetyCrime and justice > Victim support
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12Functions of Authority

  1. The functions of the Authority shall be—

  2. to receive complaints—
    1. alleging any misconduct or neglect of duty by any Police employee; or
      1. concerning any practice, policy, or procedure of the Police affecting the person or body of persons making the complaint in a personal capacity:
      2. to investigate of its own motion, where it is satisfied that there are reasonable grounds to carry out an investigation in the public interest, any incident involving death or serious bodily harm notified to the Authority by the Commissioner under section 13:
        1. to take such action in respect of complaints, incidents, and other matters as is contemplated by this Act.

          1. 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.

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

          3. 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.

          Notes
          • Section 12(1)(a)(i): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
          • Section 12(2): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
          • Section 12(2A): inserted, on , by section 13 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
          • Section 12(3): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).