New Zealand System for Dealing With Complaints Against the Police

• NCJ Number: 86092
• Journal: Auckland University Law Review Volume: 4 Issue: 2 Dated: (1981) Pages: 151-169
• Author(s): G Bilkey
• Date Published: 1981
• Length: 19 pages
• Publication Format: Article
• Language: English
• Country: New Zealand

Annotation

New Zealand's current system for handling complaints against the police is not adequate to obtain public confidence and should be modified by the use of an ombudsman to oversee all aspects of the complaint procedure.

Abstract

The police separate substantiated complaints into two categories: those that come under section 33 of the Police Act, where a tribunal is appointed either by the Minister of Police or the Commissioner, and those that arise from internal disciplinary offenses defined in the Police Regulations. Under section 33 of the Police Act, an inquiry will be made into a breach of duty alleged against a police officer. If that allegation is made against an officer below the rank of chief superintendent, the Minister will decide on what action is to be taken after an inquiry by two or more persons. If the allegation is against a noncommissioned officer, the Commissioner decides what action is to be taken. An inquiry under the Police Regulations follows judicial procedure, except that no member of the public or press may be admitted except with the permission of the Minister. The procedures currently used are so secretive as to make impossible an evaluation of their effectiveness, which is in itself sufficient to erode public confidence in the procedure. An improvement would be the use of a Federal police ombudsman who would (1) ascertain that all complaints are investigated in an appropriate manner, (2) recommend such remedial action as is believed necessary at both the individual and organizational levels, (3) review any particular complaint or the procedures followed by the force in its investigation, and (4) serve as an authority with whom a complaint may be lodged. The use of an independent tribunal, given the British and American experiences with such a system, is not likely to be as effective because of the hostility and noncooperation this engenders among the police.