CH 6 - Police Values, Complaints & Conflicts

Question 1

What are the 6 values of the NZP?

Clue : (PRIMED)

Answer 1

• Professionalism - look the part, be the part
• Respect - Treat others as they would want to be treated
• Integrity - Actions say it all
• Commitment to Maori (Treaty) - Stand together
• Empathy - Walk in their shoes
• Diversity (valuing) - Many views, one purpose

Question 2

What is the definition of police value:

Professionalism?Look the part, be the part

Clue: “We take pride in representing…” P M Di Co W Se

Respect? Treat others as they would want to be treated “

Clue:Treat everyone with…” Di Up In Ri Ho Fr

Answer 2

We take pride in representing Police, making a difference in communities we serve

Treat everyone with dignity, uphold their individual rights and honour their freedoms.

Question 3

What is the definition of the police value:

Integrity? Actions say it all.

Clue: “We are honest and….” Up Ex Et St

Commitment to Maori? Stand together

Clue: “We act in Good…-Pa Pr P”

Answer 3

We are honest and uphold excellent ethical standards

We act in good faith of and respect the principles of the treaty -partnership, protection, participation.

Question 4

What is the definition of the police value

Empathy? Walk in their shoes

Clue: “We seek understanding and consider…” Ex Per

Diversity? Many views, one purpose

Clue: “We recognise the value different…” Per Ex

Answer 4

We seek understanding and consider the experiences and perspectives of those we serve

We recognise the value different perspectives and experiences bring to making us better at what we do.

Question 5

What are the 5 principles for the ‘Rule of Law’

people shouldnt NOT be treated different because of ?

Clue S I G E & CJS

Answer 5

• status
• income
• gender or
• ethnicity
• criminal justice system free from corruption must not accept bribes We protect the rights of offenders protect rights of victims

Question 6

Police Act 2008? functions of police according to s.9

(8)

Answer 6

• keeping the peace
• maintaining Public Safety
• law enforcement
• crime prevention
• community support and reassurance
• national security
• policing activities outside NZ
• emergency management

Question 7

What has to happen for an ‘acting sergeant’ to be regarded as a ‘qualified constable’ in order to issue a PSO?

Answer 7

Specifically appointed to the position under 63(1)(a) PA2008

Question 8

S.15 When should the Commissioner notify the IPCA after a complaint has been received?

What is clause 10 of the MOU with IPCA?

Answer 8

• ASAP but no later than 5 working days Matters of significant public interest where police reputation is at risk i.e (clause 10 below)
• Non-injury pursuit / significant damage /significant or public interest that it places or is likely to place the Police reputation at risk
• Cellblock or other custody self-harm attempt that does not result in serious injury, that is of such significance or public interest that it places or is likely to place the Police reputation at risk
• Use of force matter that does not result in serious injury, that is of such significance or public interest that places or is likely to place the Police reputation at risk.

Question 9

In what other circumstance may the Commissioner notify the IPCA other than a police complaint

Clue: were so significant that it is in the public interest as it may place Police reputation at risk.

• Cr Off
• Ser Mis

Answer 9

• Where criminal offending or
• serious misconduct has been conducted by a police employee

Question 10

What are the three principles when receiving a police complaint from a complainant?

Clue: “Every complainant must…”

Clue (5)

Answer 10

be treated with with

• courtesy
• compassion and
• respect
• have complaint received and actioned quickly
• be advised of procedure for actioning complaint

Question 11

When must the PNHQ Duty Officer be contacted?

Clue: Death Agencies politician High profile (5)

Answer 11

• Death or Serious Injury arising from Police Duty (cell death, pursuit, shootings, etc)
• OR Police employees (arising from duty or employment)
• Significant incidents involving other agencies
• Incidents involving: Members of Parliament, politicians, diplomats, dignitaries
• High profile crimes or incident that will cause Media attention SIgnificant involving Police action/integrity

Question 12

What critical points regarding ‘conflicts of interest’ must all police employee be aware of? (4)

Clue:

• Perceived/Potential…dam
• decl
• Sup not sex
• Sup wrk with Emp, ass & man R

Answer 12

• Perceived/Potential conflicts can be just as damaging
• Perceived/Potential conflicts must be declared to supervisors by appropriate declaration
• Supervisors must never investigate sexual/serious misconduct of direct reporting staff
• Supervisors must work with employees with conflict of interest. (Assess risk, identify strategy)

Question 13

What are the four types of ‘Conflicts of Interest?’

Answer 13

• Actual conflict of interest
• Percieved conflict of interest
• Potential conflict of interest
• Other interests

Question 14

How does the Code of Conduct define a ‘Conflict of Interest?’

Clue: “a situation where our personal or professional interests may conflict with our…”

P O R (3)

Answer 14

• position
• obligations or
• responsibilities as a Police employee

Question 15

What are the responsibilities of a supervisor in regards to conflicts of interest?

Clue: foster…, determine…. (2)

Answer 15

• foster an environment where staff can discuss conflicts of interest & risks
• determine where conflicts may exist for staff or be seen as a conflict by an observer

Question 16

How can conflicts of interest be managed with staff members?

Clue: Note.., agreement.., additional.., assign.., employee..

Answer 16

• Note the conflict
• agreement of parties involved
• additional oversight
• assign to employee outside district, workgroup, etc
• employee steps-back from role

Question 17

How should a supervisor deal with a conflict of interest in cooperation with the employee involved?

Clue:

• Assess seriousness of conflict
• Id strat 2 man
• Rec
• Form
• Mon

Answer 17

• Assess seriousness of conflict
• Identify strategies manage conflict
• record conflict
• form attached to file
• monitor conflict strategies to avoid future conflict

Question 18

Policing Act 2008 - Section 8 – Principles

Clue: Think about the core values & our business, both feature in the wording of this answer…

Answer 18

• principled, effective, and efficient, free and democratic society under the rule of law:
• public support and confidence
• national framework but also have a local community focus
• respects human rights
• independently and impartially
• every Police employee is required to act professionally, ethically, and with integrity

Question 19

What is the rule of law?

Answer 19

“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” (McDowell & Webb 2002).

Question 20

Police Act 2008? Roles of others acknowledged s.10

Answer 20

• (1) It is acknowledged that important and valuable roles in the performance of the functions of the Police are played by—
• public agencies or bodies (for example, certain departments of State, and local authorities); and
• the holders of certain statutory offices (for example, Maori wardens); and
• 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 21

Policing Act - Section 20 – Code of conduct (2)

Clue: Commissioner & Staff

Answer 21

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 22

Policing Act - Section 30 – Command and control

Clue: Police staff must obey and be guided (4)

in the absence of a supervisor (2)

Must not take direction/command/control from (2)

Does not apply to (1)

Answer 22

• general instructions
• Commissioner’s circulars
• any applicable local orders.
• lawful commands of a supervisor.
• next in level of position; and
• in the case of equality, the longest serving Police employee.
• a Minister of the Crown;
• a person not authorised by or under this Act any other enactment or rule of law to direct, command, or control the actions of a Police employee.
• does not apply to a Police employee outside New Zealand

Question 23

Policing Act 2008 - Section 63 - Acting appointments

Answer 23

• the Commissioner may—
  
  • appoint an employee temporarily to any higher level of position; or
  • 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.
• Any appointment or authority under this section may be given or made before the occasion arises or while it continues
• 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—
  
  • the occasion has not arisen or had ceased; or
  • the employee had not been appointed to any level of position to which the authority relates.
• The Commissioner may at any time revoke any appointment made or authority given under this section.

Question 24

Section 13 – Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm:

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 INVOLVING ANY:- (7)

Answer 24

• 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.)

Question 25

Initial Action:- what do you do for each of the below 1. No complaint more dissatisfaction? 2. Oral complaint? 3. Calls at station or comm policing centre to make a complaint? 4. Employee who is subject of comp, is only person at station? 5. unable/reluctant to call at station to make complaint? 6. Wishes lawyer/friend/relative present? 7. Made on behalf of another person? 8. a complaint is made by a person in Police custody?

Answer 25

1. Without delay Resolve/explain 2. Summarise in writing (by police or complainant) and sign 3. Every effort to speak to complainant/summarise in writing, you must deal not pass to anyone else. 4. Record details promptly,submit report to district comm/nat manager/ arrange indip person take complaint. 5. you must advise the complainant that arrangements can be made for them to be interviewed elsewhere. 6. Must facilitate request. 7. you should see the actual complainant in the first instance to confirm the allegations and their wish for an investigation. In a case where a solicitor makes a complaint on behalf of a client, you should make any arrangements for the client’s interview through the solicitor. 8. you must ensure that questioning of the complainant relates solely to matters directly relating to the allegation. Unless there are compelling reasons to the contrary, you should allow the accused person’s representative to be present during the interview.

Question 26

Notifying serious complaints made against any Police employee. *The duty officer must notify the Commissioner or Acting Commissioner, and the National Manager: Police Professional Conduct of the complaint or issue* How / When? **(2)** What information? **(3)**

Answer 26

* **Personally** and I**mmediately** notify the Commissioner or Acting Commissioner, and the National Manager: Police Professional Conduct of the complaint or issue * record the: * date and time of the incident * details of the complaint * date and time the Commissioner or Acting Commissioner, and the National Manager: Police Professional Conduct were personally notified of the complaint or issue on a schedule maintained by the Police Professional Conduct at PNHQ. Where there is uncertainty whether a complaint or issue should be notified, contact the PNHQ duty officer for advice.

Question 27

Standards of investigation - key tasks of investigation ## Footnote **(8)**

Answer 27

* Assess criminal liability * Assess Code of Conduct * Document findings * Solicitor-General’s Prosecution Guidelines * Charges independently reviewed * Disciplinary processes reviewed by the HR Manager or Senior Human Resources Advisor * Independent investigators * Where investigators from outside of the district are deployed, agreed terms of reference must be signed by the District Commander or National Manager and the investigator to avoid any doubt as to the tasking and product of the investigation. The District Commander or National Manager must be consulted before any major investigative decisions (such as arrest or charge of any employee) are made. Chapter 6: