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