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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Inspections and complaints into alleged breaches of rights

83: Inquiries by inspector

You could also call this:

"Inspector checks if someone broke the law and writes a report"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are looking at how the law works when someone might have broken the Public Safety Act, you need to know that an inspector can investigate. The inspector can look into whether someone has broken the Act or any rules made under it. They can also check if someone has not followed any guidelines or instructions.

You might wonder who tells the inspector what to do. The chief executive can direct an inspector to start an investigation, and the inspector must do what they are told as soon as they can. The inspector has the power to call witnesses and hear evidence, just like they do in an inquiry under the Inquiries Act 2013.

When the inspector finishes their investigation, they must write a full report and send it to certain people. This includes the manager and the chief executive, as well as the person who was being investigated if that applies. They must also send the report to anyone who complained on behalf of the person being investigated, if that applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751207.

Topics:
Crime and justice > Police and safety
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"You get told the result of a complaint investigation about you"

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"Managers must fix problems found in special reports."

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Inspections and complaints into alleged breaches of rights

83Inquiries by inspector

  1. Any inspector may inquire into an alleged breach of this Act or of regulations made under this Act or of any guidelines or instructions.

  2. The chief executive may direct an inspector to conduct an inquiry under subsection (1), and that inspector must comply with that direction as soon as is reasonable in the circumstances.

  3. For the purpose of conducting an inquiry under this Act, an inspector has the same powers and authority to summon witnesses and receive evidence as are conferred on an inquiry by the Inquiries Act 2013, and the provisions of that Act, except section 28 (which relates to costs), apply accordingly.

  4. As soon as practicable after concluding an inquiry under this section, the inspector must send a full report of the inquiry to—

  5. the manager and to the chief executive; and
    1. if applicable, the resident whose rights were in issue in the investigation; and
      1. if applicable, any person who complained on behalf of the resident.

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