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Independent Police Conduct Authority Act 1988

Procedure on completion of investigation

28: Procedure after investigation by Police

You could also call this:

"What happens after the Police finish investigating a complaint"

Illustration for Independent Police Conduct Authority Act 1988

When the Police finish investigating a complaint, they tell the Independent Police Conduct Authority what they found. You want to know what the Authority does next. The Authority looks at the Police report and decides if the Police did anything wrong or unfair. The Authority then tells the Police if they agree or disagree with what the Police decided. If the Authority disagrees, they can make suggestions on what the Police should do instead. This can include suggesting that the Police take action against one of their employees. The Authority can also suggest that the Police consider taking disciplinary or criminal action against an employee. They must give reasons for their suggestions. You can find more information about this in section 20.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126503.

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"What happens when the Police don't follow the Authority's recommendations"

28Procedure after investigation by Police

  1. Where the Commissioner reports to the Authority, pursuant to section 20, on a Police investigation of a complaint, the Authority shall form an opinion on whether or not any decision, recommendation, act, omission, conduct, policy, practice, or procedure which was the subject matter of the investigation was contrary to law, unreasonable, unjustified, unfair, or undesirable.

  2. After considering the Commissioner's report and forming its opinion, the Authority—

  3. shall indicate to the Commissioner whether or not it agrees with the Commissioner's decision or proposed decision in respect of the complaint:
    1. may, where it disagrees with the Commissioner's decision or proposed decision, make such recommendations, supported by reasons, as it thinks fit, including a recommendation that disciplinary or criminal proceedings be considered or instituted against any Police employee.

      Notes
      • Section 28(2)(b): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).