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27 February 2009
Human rights and policingThe Hon. Justice Goddard, ChairIndependent Police Conduct Authority
Presentation to the Victoria University of Wellington Institute of Policy Studies ForumAddressing the Underlying Causes of Offending: What is the evidence?
NZ’s human rights framework
• NZ Bill of Rights Act 1990
NZ’s human rights framework
• NZ Bill of Rights Act 1990• Human Rights Act 1993• Privacy Act 1990• UN conventions
Human rights and law enforcement• NZ Bill of Rights Act 1990 – case law• Crimes Act• Evidence Act• Search and Surveillance Bill
Independent oversight
• Protects against abuse of power• Protects against corruption and politicisation• Provides public accountability and
transparency• Increases police self-discipline• Builds trust and confidence
Oversight in New Zealand
• Police Complaints Authority established 1989
Oversight in New Zealand
• Police Complaints Authority established 1989
• Receives complaints alleging misconduct and neglect of duty, and practice, policy and procedure
• Investigates police actions involving death and serious bodily harm
• Has powers of recommendation
Oversight in New Zealand
• Initial Authority legally but not operationally independent
• Initially a review function• Changes recommended in 2000• Investigators appointed 2003
Towards operational independence
• 2007 Commission of Inquiry
Towards operational independence
• 2007 Commission of Inquiry• A new name and powers• Legislative changes
Independent investigation
• Less reviewing of Police files• Greater prioritisation• More investigative staff• Greater transparency
Independent investigation
• Fatal shootings by the Police• Sexual offending: Operation Austin• Pursuits• Deaths in custody
Independent investigation
• Conduct of searches• 15 October 2007 ‘terror raids’
Increased powers under discussion
• Enhanced powers of investigation• Power to prosecute• Enhanced independence
Monitoring of custody conditions
• UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment.
Changes within Police
• Code of Conduct• Policing Act
Our vision
Increased trust and confidence in Police
Whaia te pono, kia puawai ko te tika
Seek the truth, that justice may prevail