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Independent Police Conduct Authority Act 1988

Proceedings of Authority

23: Proceedings of Authority

You could also call this:

"How the Authority Handles Complaints and Investigations"

Illustration for Independent Police Conduct Authority Act 1988

When you make a complaint to the Authority, they tell the police and you about their investigation. They do this before they start investigating. The Authority investigates in private. The Authority can talk to people they think will help with the investigation. They can also get information from people with knowledge of cultural matters. You are not automatically allowed to speak to the Authority. The Authority can decide how they want to investigate. They have special powers to help them with their investigations, like those given to commissions of inquiry under the Commissions of Inquiry Act 1908, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139145 and https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139153. If there is a disagreement between this Act and the Commissions of Inquiry Act 1908, this Act is more important. The Authority's rules override other laws if they conflict. This means the Authority's rules are more important than other laws if they say different things. You can find more information about the Commissions of Inquiry Act 1908 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139145 and https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139153.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126296.

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22: Power of Police to investigate complaints and other matters, or

"The Police can look into your complaints and other issues."

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24: Powers of Authority in relation to investigations, or

"The Authority can ask you for information and documents to help with their investigations."

23Proceedings of Authority

  1. 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.

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

  3. Subject to section 31,—

  4. the Authority may hear or obtain information from such persons as it thinks fit, including, where it considers that cultural matters are a factor relevant to a complaint or investigation, information from such persons as the Authority thinks have knowledge or experience in those matters:
    1. it shall not be necessary for the Authority to hold any hearing:
      1. the Authority may, in deciding whether to hold a hearing, have regard to whether any of the following are pending or are reasonably in contemplation:
        1. civil, criminal, or disciplinary proceedings:
          1. a coroner's inquest:
          2. no person shall be entitled as of right to be heard by the Authority.

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

            2. 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.

            3. 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.

            4. 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.

            Notes
            • Section 23(3)(ba): inserted, on , by section 19(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
            • Section 23(4): added, on , by section 3 of the Police Complaints Authority Amendment Act 1994 (1994 No 53).
            • Section 23(5): added, on , by section 19(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
            • Section 23(6): added, on , by section 19(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
            • Section 23(7): added, on , by section 19(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).