Independent Police Conduct Authority Act 1988

Functions of Authority

17: Action upon receipt of complaint

You could also call this:

"What happens when you make a complaint to the Independent Police Conduct Authority"

Illustration for Independent Police Conduct Authority Act 1988

When you make a complaint under this Act, the Authority can do several things. They can investigate the complaint themselves, or ask the Police to do it. They can also wait for the Police to finish their investigation and then decide what to do. The Authority will usually tell the Police and you what they plan to do with your complaint. However, if you made the complaint to the Police and the Authority thinks the Police will tell you what's happening, the Authority might not need to tell you. If the Authority thinks your complaint can be sorted out by talking about it, they might suggest this to the Police. The Authority can decide not to take any action on your complaint, but they must follow the rules set out in section 18.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126288.

This page was last updated on 10 December 2025 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Victim support

16: Duty of Authority to notify Commissioner of complaints, or

"The Authority must tell the Police Commissioner about new complaints."

18: Authority may decide to take no action on complaint, or

17Action upon receipt of complaint

On receiving or being notified of a complaint under this Act, the Authority may do all or any of the following:
investigate the complaint itself, whether or not the Police have commenced a Police investigation:
refer the complaint to the Police for investigation by the Police:
defer action until the receipt of a report from the Commissioner on a Police investigation of the complaint undertaken on behalf of the Authority:
oversee a Police investigation of the complaint:
defer action until the receipt of a report from the Commissioner following a criminal investigation or a disciplinary investigation, or both, initiated and undertaken by the Police:
decide, in accordance with section 18, to take no action on the complaint.

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—
a complaint is made to the Police; and
the Authority decides to adopt the procedure provided for in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (ca) of subsection (1); and
the Authority is satisfied that the Police will inform the complainant of the procedure to be followed,—

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

Notes

Section 17(1)(ab): inserted, on 29 November 2007, by section 17(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 17(1)(b): amended, on 29 November 2007, by section 17(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 17(1)(ca): inserted, on 29 November 2007, by section 17(3) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 17(2): substituted, on 1 July 1994, by section 2 of the Police Complaints Authority Amendment Act 1994 (1994 No 53).
Section 17(2A): inserted, on 1 July 1994, by section 2 of the Police Complaints Authority Amendment Act 1994 (1994 No 53).
Section 17(2A)(b): amended, on 29 November 2007, by section 17(4) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 17(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).