Reference: IR-01-21-30344
28 October 2021
Malcolm France
[email address]
Dear Malcolm
Request for information
Thank you for your Official Information Act 1982 (OIA) requests dated 8 and 12 October 2021,
in which you asked for information regarding Police and common law. Please find my responses
to each of your questions below:
1. Who are Police accountable to apart from the IPCA.
2. Who are Police responsible to in terms of who they work/get directed/contracted by if
different form 5 above.
3. Is the Police a private organisation?
4. What type of entity is the New Zealand Police. For example is it a company,
association, society?
5. Where is the NZ Police organisation registered. Especially including but not limited to in
which register, country and jurisdiction.
6. Provide documents of its registration.
The Policing Act 2008, which is publicly accessible here:
https://www.legislation.govt.nz/act/public/2008/0072/latest/whole.html, sets out the functions
and powers of New Zealand Police and provides for its governance and administration.
New Zealand Police (Police) is an instrument of the Crown as per section 7 of the Policing Act
2008. The Public Service Act 2020 describes 'State services' as "all instruments of the Crown
in respect of the Executive Government of New Zealand, whether public service agencies,
bodies corporate, agencies, or other instruments". Police is included in the definition of
'department' for the purposes of the Public Finance Act 1989. Police is subject to the Official
Information Act 1982 as an 'organisation' in Part 2 of Schedule 1 to the Ombudsmen Act 1975.
Police is responsible to the Minister in terms of section 16(1) of the Policing Act 2008 but
otherwise must act independently in terms of operational decision-making. Police is also
accountable to the Courts and subject to the laws of New Zealand, including the Public Service
Act 2020 and Public Finance Act. As you have stated, Police is also responsible to the
Independent Police Conduct Authority for its actions and behaviour, to the Ombudsman for its
handling of official Information complaints, and the Privacy Commissioner in respect of its
handling of personal information.
Police is internally regulated by the Police Code of Conduct, as well as policies contained in a
body of documents called Police Instructions.
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
7. What is the true reason you chose not to answer any OIAs and forward them to
Ministerial Services of the NZ Government.
Ministerial Services is not separate from Police, it refers to a team within Police which
coordinates responses to Police OIA requests.
8. Is the “Her Majesty, Queen of New Zealand” in the Police oath the same one as
Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and
Northern Ireland and of Her other Realms and Territories Queen, Head of the
Commonwealth, Defender of the Faith.
Yes.
9. Please confirm NZ Police recognizes and operates in common law jurisdiction under
Elizabet the Second…
10. Further please confirm common law is a separate jurisdiction from New Zealand Acts
and a man standing in common law jurisdiction while he may be arrested for breach of
the peace cannot be charged for it or any other crime under any NZ Acts, as per s9 of
the Policing Act 2008.
Police does not provide legal advice, or legal interpretation services to the public, therefore your
request is refused under section 18(g) of the OIA, as the information requested is not held by
Police.
I refer you to the Policing Act 2008 which is available to view via the following link:
https://www.legislation.govt.nz/act/public/2008/0072/latest/whole.html.
You have the right to ask the Ombudsman to review my decision if you are not satisfied with the
response to your request. Information about how to make a complaint is available at:
www.ombudsman.parliament.nz.
Yours sincerely
Mathew Gordon
Manager Ministerial Services
