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Independent Police Conduct Authority Act 1988

Procedure on completion of investigation

29: Implementation of recommendations of Authority

You could also call this:

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

Illustration for Independent Police Conduct Authority Act 1988

You get a recommendation from the Authority under section 27(2) or section 28(2). The Commissioner tells the Authority what action they plan to take. They explain why they might not follow the recommendation. If the Authority thinks no adequate action is taken, they send their opinion to the Attorney-General and the Minister of Police. They might also send a report to the Attorney-General to share with the House of Representatives. The Attorney-General shares the report with the House of Representatives as soon as they can. The Commissioner gives the Authority their comments on the matter. The Authority considers these comments before sending their opinion and report. The Attorney-General lays the report before the House of Representatives as soon as practicable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126504.

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"What happens after the Police finish investigating a complaint"

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"Authority keeps you updated on complaint investigation progress and results"

29Implementation of recommendations of Authority

  1. The Commissioner shall, as soon as reasonably practicable after receiving any recommendation of the Authority under section 27(2) or section 28(2),—

  2. notify the Authority of the action (if any) proposed to be taken to give effect to the recommendation; and
    1. give reasons for any proposal to depart from, or not to implement, any such recommendation.

      1. If, within a reasonable time after a recommendation is made, no action is taken which seems to the Authority to be adequate and appropriate, the Authority must, after considering any comments made by the Commissioner,—

      2. send a copy of its opinion and recommendations on the matter, together with the comments of the Commissioner, to the Attorney-General and the Minister of Police; and
        1. where it considers it appropriate, transmit to the Attorney-General for tabling in the House of Representatives such report on the matter as it thinks fit.

          1. The Attorney-General shall, as soon as practicable after receiving a report under subsection (2)(b), lay the report before the House of Representatives.

          Notes
          • Section 29(2): amended, on , by section 21 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).