6. Strategic Awareness, Complaints & Conflict Of Interest

Question 1

What is Our Vision according to Our Business?

Answer 1

Our Vision is to be the safest country in the world.

Question 2

What is Our Purpose according to Our Business?

Answer 2

The purpose of New Zealand Police is to ensure everybody can be safe and feel safe

Question 3

What is Our Mission according to Our Business?

Answer 3

What is Our Mission according to Our Business?

Our Mission is to prevent crime and harm through exceptional policing

Question 4

What are Our Goals According to Our Business? (3)

Answer 4

Safe homes means families free from violence, abuse and neglect. It means preventing burglary and other threats to the places where people should always feel safe

Safe roads means working with our partners to prevent death and injury resulting from crashes, so that everyone who leaves home in the morning can return safely at the end of the day

Safe communities means that people are safe and feel safe wherever they go and whatever they do. It means safe public spaces where businesses, social gatherings and entertainment can be enjoyed without fear of crime or harm

Question 5

Which Act mandates the Functions of NZ Police?

Answer 5

The Policing Act 2008

Question 6

What is Our Operating Model according to Our Business?

Answer 6

Prevention First

Question 7

What are Our Priorities according to Our Business? (how we do it)

Answer 7

1. Be first, then do
2. Deliver the services New Zealanders expect and deserve
3. Focussed prevention through partnerships

Question 8

What are the 3 pou that Te Huringa o Te Tai focuses our policing effort on?

Answer 8

• our people and our mind-set

• effective initiatives and improved practice

• effective partnerships

Question 9

According to Our Business, Our People are: (4)

Answer 9

1. Safe and feel safe
2. Valued
3. Fair to All
4. Compassionate and reflective

Question 10

According to Our Business, Our Leadership create an environment where we: (3)

Answer 10

1. Live our values individually and collectively
2. Are inclusive – everyone can be themselves
3. Enable our people to be their best using the PHPF

Question 11

According to Our Business, Our Culture consists of (2)

Answer 11

1. Collective effort for shared outcomes
2. Bringing humanity to every interaction

Question 12

What will successful partnerships enable us to do?

Answer 12

Successful partnerships will mean we can focus on areas where we can have the greatest influence

Question 13

According to Our Business, who are Our Partners? (5)

Answer 13

1. Government Agencies
2. MPE Communities
3. Community Groups
4. Industry & Business
5. International Partners

Question 14

Prevention First is designed to support and enhance the delivery of our key outcomes. They are: (3)

Answer 14

• prevent crime and victimization

• target and catch offenders

• deliver a more responsive Police service

Question 15

What is the Prevention First mindset?

Answer 15

“Taking every opportunity to prevent harm”

Question 16

The core components of our Prevention First model are:

Answer 16

• Deploy to beat demand

• Target the drivers of demand

• Mindset: taking every opportunity to prevent harm

Question 17

Explain Effective Partnerships

Answer 17

We must build strong relationships of trust and confidence in each other with Iwi Māori, our communities and our partner agencies so that we can share information and implement collaborative approaches.

Question 18

Explain Deploy to Beat Demand

Answer 18

We are prepared and flexible, allowing us to mobilise resources pre-emptively and quickly get on top of demand

Question 19

What are the 6 Drivers of Demand?

Answer 19

• Families – Whānau

• Youth – Rangatahi

• Alcohol

• Roads

• Organised crime and drugs

• Mental health

Question 20

How do we deliver on Our Mindset? (7)

Answer 20

• Demonstrate our organisational Values and Code of Conduct in every interaction

• Provide a proactive and consistent service to victims and offenders by always using the risk assessment process for dealing with offenders and victims

• Build relationships of trust to improve information sharing with partner agencies and communities that engage with victims and offenders

• Focus on victims’ needs in order to respond quickly and considerately to victims

• Create useful Victim Intervention Plans (VIPs) and increase the proportion of VIPs completed in each area

• Always use the agreed offender management approach

• Make sure every member of the team knows how their work contributes to our organisational goals, through the Police High Performance Framework.

Question 21

Which framework is Te Huringa o Te Tai set within?

Answer 21

Prevention First

Question 22

Within Te Huringa o Te Tai, discuss Pou Mataara: Our people and their mind-set.

Answer 22

We will continue the focus on building our people, their skills, knowledge, mind-set and performance, through this strategy and leverage the Police High Performance Framework, to deliver better and more effective outcomes for Māori, iwi, and our communities.

Adopting a Te Ao Māori view

Applying a Te Ao Māori view, through the alignment of uara Māori with Our Values, will ensure culturally responsive initiatives and programmes, which restore and strengthen the wellbeing of individuals, whānau, and communities, are developed and implemented.

Question 23

Within Te Huringa o Te Tai, discuss Pou Mataaho: Effective initiatives and improved practice.

Answer 23

We will focus on a whanau ora approach of co-design and joint delivery of initiatives with Iwi Māori. We will use an evidenced-based approach to concentrate our efforts on programmes that have proved successful for Māori or have the potential to be successful for Māori. We will work effectively with Iwi Māori to address the root causes of offending and reoffending, intergenerational harm, and keep victims safe from further harm. This means providing Māori the opportunity to have a greater strategic presence and involvement at all levels as we design and deliver our work.

Increasing our understanding of kaupapa Māori frameworks to develop tikanga Māori interventions and programmes will enhance our ability to improve long-term outcomes for Māori. Research suggests that investment in Māori-led approaches that address the interweaving components of offending, collective social harm, social marginalisation, and over-representation in the justice system are more effective than programmes designed by non-Māori.

Question 24

Within Te Huringa o Te Tai, discuss Pou Hourua: Effective partnerships.

Answer 24

We will focus on building relationships, which lead to more effective partnerships, with iwi, Māori and other organisations. We have partnerships with whānau, hapū, iwi and others to improve long-term wellbeing for Māori and influence legislative, policy and system settings across government as we recognise that social, health, education, and economic sectors have a fundamental role in improving Māori wellbeing too.

Māori need to be acknowledged as Treaty partners, rather than stakeholders and as such, Māori staff, communities, service providers, and iwi leaders must be involved at all levels of designing, planning, and delivery. However, it is important to recognise the resource imbalance between the Māori and the Crown and that we ensure that our partners have the necessary capacity and capability to participate.

Question 25

What are the 5 frameworks through which PHPF is delivered?

Answer 25

Strategy

Culture

Leadership

Capability

Performance Management

Question 26

What is F1 – Strategy for?

Answer 26

The F1 Strategy framework enables leaders to connect their teams to Our Business by clarifying our purpose in Police and the outcomes we each need to deliver.

Question 27

What does F2 – Culture do?

Answer 27

The F2 Culture framework helps us build the high performance culture we need to deliver Our Business.

Question 28

What does F3 – Leadership do?

Answer 28

The F3 Leadership Framework equips our leaders with the tools to help us deliver on our purpose in Police.

Question 29

What does F4 – Capability do?

Answer 29

The F4 Capability Framework equips each of us with the tools to perform to our potential in our roles.

Question 30

What is F5 – Performance management for?

Answer 30

The F5 Performance Management framework enables us to have more meaningful conversations about our performance, contribution and ongoing development.

Question 31

What are our core values? (6)

Answer 31

Professionalism

Respect

Integrity

Commitment to Mäori & the Treaty

Empathy

Valuing Diversity

Question 32

S8 of the Policing Act 2008 discusses the principles of the Act. What are they? (6)

Answer 32

This Act is based on the following principles:

(a) principled, effective, and efficient policing services are a cornerstone of a free and democratic society under the rule of law:

(b) effective policing relies on a wide measure of public support and confidence:

(c) policing services are provided under a national framework but also have a local community focus:

(d) policing services are provided in a manner that respects human rights:

(e) policing services are provided independently and impartially:

(f) in providing policing services every Police employee is required to act professionally, ethically, and with integrity

Question 33

What is the definition of “Rule of Law”?

Answer 33

“defines the relationship of the government to its people: that people in a society should be governed by law and should be free from arbitrary government”

Question 34

S9 of the Policing Act 2008 outlines the functions of police. What are they? (8)

Answer 34

(a) keeping the peace:

(b) maintaining public safety:

(c) law enforcement:

(d) crime prevention:

(e) community support and reassurance:

(f) national security:

(g) participation in policing activities outside New Zealand:

(h) emergency management.

Question 35

What is s10 of the Policing Act 2008?

Answer 35

Roles of others acknowledged

(1) It is acknowledged that important and valuable roles in the performance of the functions of the Police are played by—

(a) public agencies or bodies (for example, certain departments of State, and local authorities); and

(b) the holders of certain statutory offices (for example, Maori wardens); and

(c) parts of the private sector (for example, the private security industry).

(2) It is also acknowledged that it is often appropriate, or necessary, for the Police to perform some of its functions in co-operation with individual citizens, or agencies or bodies other than the Police.

Question 36

What is s20 of the Policing Act 2008?

Answer 36

Code of conduct

(1) The Commissioner must prescribe a code of conduct for Police employees, stating the standards of behaviour expected from Police employees.

(2) It is the duty of every Police employee to conduct himself or herself in accordance with the code of conduct.

Question 37

What does s30 of the Policing Act 2008 outline?

Answer 37

Command and control

(1) Every Police employee must obey and be guided by—

(a) general instructions; and

(b) the Commissioner’s circulars; and

(c) any applicable local orders.

(2) Every Police employee must obey the lawful commands of a supervisor.

(3) In the absence of a supervisor, the supervisor’s authority and responsibility devolves on—

(a) the Police employee available who is next in level of position; and

(b) in the case of equality, the longest serving Police employee.

(4) No Police employee may, when exercising any power or carrying out any function or duty, act under the direction, command, or control of—

(a) a Minister of the Crown; or

(b) a person who is not authorised by or under this Act or any other enactment or rule of law to direct, command, or control the actions of a Police employee.

(5) Subsection (4) does not apply to a Police employee outside New Zealand who—

(a) is part of an overseas operation within the meaning of section 86; or

(b) is an employee within the meaning of section 91.

Question 38

What does s63 of the Policing Act 2008 outline?

Answer 38

Acting appointments

(1) In the case of the absence from duty for any reason of a Police employee or in the case of a vacancy for any reason and from time to time while the absence or vacancy continues, or for any other special purpose, the Commissioner may—

(a) appoint an employee temporarily to any higher level of position; or

(b) authorise an employee to exercise or perform all or any of the powers and duties under this Act or any other enactment, of any level of position higher than that employee’s own level of position.

(2) Any appointment or authority under this section may be given or made before the occasion arises or while it continues.

(3) No appointment or authority under this section, and nothing done by any employee acting pursuant to the appointment or authority, may be questioned in any proceedings on the ground that—

(a) the occasion has not arisen or had ceased; or

(b) the employee had not been appointed to any level of position to which the authority relates.

(4) The Commissioner may at any time revoke any appointment made or authority given under this section.

Question 39

What are the Leader responsibilities in Kia Tū?

Answer 39

• Monitor work environments to identify any factors contributing to unacceptable behaviour.

• Address any concerns of unacceptable behaviour before it occurs.

• Promote a culture that enables team members to resolve concerns at the lowest level.

• Formally report any serious concerns of unacceptable behaviour.

• Ensure team members are aware of this policy, the process, and support available.

• Ensure support is provided to all people involved during consideration of concerns.

• Assess and make adjustment to reporting lines or the work location as required.

• Assign responsibility to another manager where there is a conflict of interest, or perceived conflict of interest.

• Provide support when a formal concern has been raised by ensuring everyone involved:

− Receives a fair hearing

− Is kept fully informed during the process

− Has a support person present at meetings if they wish

− Is provided with information being relied on by Police

Question 40

What are 3 reasons why the identity of an employee who has made a complaint, may be released under the The Protected Disclosures Act 2000 (commonly known as the ‘Whistleblowers Act’)?

Answer 40

Either the employee has consented to the release, the release is essential to the effective investigation of the allegations or disclosure, to prevent serious risk to public health, public safety or the environment, or the release is essential to comply with the principles of natural justice.

Question 41

It is a requirement of all employees to notify their supervisor if they are the subject of any of the following: (6)

Answer 41

• Any charges to be faced in Court

• An infringement notice for driving with excess breath alcohol concentration

• A suspension of drivers licence

• An infringement notice for speed in excess of 40km/h above the limit

• Becoming the Respondent of a Protection Order

• Any charge or infringement notice that could lead to a driver licence suspension

Question 42

What must a supervisor do if they receive an integrity report?

Answer 42

Any supervisor that receives an integrity report must forward this through line mangers to the District PPCM.

Question 43

When does the IPCA need to be notified of a death or serious bodily harm caused by police? (s13 IPCA Act 1988)

Answer 43

Where a Police employee acting in the execution of his or her duty causes, or appears to have caused, death or serious bodily harm to any person, the Commissioner shall as soon as practicable give to the Authority a written notice setting out particulars of the incident in which the death or serious bodily harm was caused.

Question 44

What is defined as serious bodily harm in the IPCA Act 1988?

Answer 44

“Serious bodily harm” includes any fracture, deep laceration, injury to internal organ, impairment of a bodily function, blow to the head that causes severe concussion, injury that results in admission to hospital, or allegation of sexual assault.

An exception that does not have to be reported are dog bites where the injury is not a “deep” laceration and the subject has been admitted to hospital only to allow the wound to be washed out and sutured before the subject is discharged

Question 45

What is s15 of the IPCA Act?

Answer 45

Duty of Commissioner to notify Authority of complaints

(1) The Commissioner shall notify the Authority… of every complaint received by the Police, other than a complaint notified to the Commissioner by the Authority.

(2) Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.

Question 46

What are the Key Principles underpinning the police complaints process? (4)

Answer 46

• To ensure that complaints are investigated in a fair, timely, and effective manner.

• To ensure that all reasonable steps are taken to investigate complaints and notifiable incidents.

• To ensure that complaints and notifiable incidents are investigated within the guidelines of good practice, without bias or conflict of interest.

• All employees have the right to be advised of any allegations against them and the right to respond to those allegations

Question 47

Should district supervisors notify the IPCA of complaints?

Answer 47

No

Districts must notify complaints to the Director: Police Professional Conduct at PNHQ who in turn notifies the Authority. Districts must not notify the Authority directly.

Do Expressions of Dissatisfaction (EOD) need to be reported to the IPCA?

If you receive a complaint that can be categorised as an EOD, then this can be resolved at a local level, and does not need to be notified to the IPCA as a complaint. If in doubt about whether you have received an EOD, then consult with the District PPCM.

What is defined as a Serious Complaint against police?
A serious complaint is a complaint, or issue of such significant public interest it puts, or is likely to place, the Police’s reputation at risk.

Eg

• complaints against Police employees likely to generate significant media coverage

• complaints that would otherwise be considered not serious but involve Police employees who hold the position of inspector or above, or non-Constabulary equivalent level senior managers

• complaints that involve executive Police employees

• complaints against Police employees regarding any incident of a sexual nature.

Question 48

The overall responsibility for managing investigations into notifiable incidents or complaints against Police employees rests with who?

Answer 48

The District Commander or National Manager of the Service Centre where the employee is normally employed

Question 49

When would the Director: Police Professional Conduct escalate the matter for resolution to the Police Executive level where the investigation is being conducted?

Answer 49

When the Director: Police Professional Conduct forms the view that the investigation update is either incomplete or indicates problems with the investigation

Question 50

What is the definition of a Conflict of Interest?

Answer 50

A conflict of interest is a conflict between a police duty and private and/or personal interests. Personal interests can be financial or relate to family, friends or associates. Conflicts of interest may be actual, potential or perceived.

Question 51

As a supervisor, what action should you take around conflicts of interest in cooperation with the employee?

Answer 51

• document the conflict and how it was managed

• support staff when issues arise – ensure there are channels in place for people to raise concerns about:

− how their declared conflict(s) of interest are being managed, or

− breaches of the conflicts of interest policy

• monitor the conflict of interest, if required, for any changes in circumstance

• consider strategies to avoid future conflicts.