IR-01-22-8010
11 May 2022
John Bates
[email address]
Dear John
I refer to your email of 20 March 2022 where you requested under the Official
Information Act 1982 (OIA) the following:
Please supply me copies of the following documents, policies etc on
Police investigations of complaints and notifiable incidents Disciplinary
policy Crime stoppers Speaking up
I apologise for the delay in answering your request. As you are aware, Police
notified you on 14 April that an extension of time was required to allow for
necessary consultation.
In response to your request, the following documents are attached:
• Disciplinary policy
• Police Investigations of complaints and notifiable incidents policy
• Unacceptable behaviour – Kia Tu policy (formerly known as ‘Speak Up’)
• Crimestoppers policy: this is effectively the Crimestoppers Memorandum
of Understanding (MOU) from 2014, with an updated version of the MOU
from 2021 also attached.
Some information has been redacted pursuant to s.9(2)(a) of the OIA to protect
the privacy of natural persons.
You have the right, under s.28(3) of the OIA, to ask the Ombudsman to review
my decision if you are not satisfied with the way I have responded to your
request.
Detective Inspector Kylie Schaare
Acting Director: Integrity and Conduct
New Zealand Police
Disciplinary policy | Ten One - New Zealand Police Intranet
Page 1 of 2
Disciplinary policy
Policy Statement and Principles
What:
The New Zealand Police Code of Conduct (Our Code) describes the
standards of behaviour expected of all Police employees. Every employee
must conduct themselves in accordance with Our Code.
A breach of Our Code may lead to disciplinary action where appropriate.
Why:
Police must ensure its disciplinary process enables it to meet its
obligations of good faith and comply with its legal obligations under the
Employment Relations Act 2000.
The purpose of this Disciplinary Policy is to ensure breaches of Our Code
are managed and dealt with fairly and in good faith with a view to
improving conduct.
Good faith
Employers, employees and their representatives must engage with each
other in good faith. Good faith obligations are mutual and mean that
Police and its employees and their representatives must:
• engage openly, honestly and respectfully
• be responsive and communicative
• be active and constructive in maintaining a productive employment
relationship.
How:
Police will:
• Conduct disciplinary processes fairly and reasonably using the
attached guidelines:
• Undertake an employment investigation only where there is good
reason to do so
https://tenone.police.govt.nz/pi/disciplinary-policy
22/04/2022
Disciplinary policy | Ten One - New Zealand Police Intranet
Page 2 of 2
• Notify employees when an employment investigation in relation to
them is commenced (unless there are exceptional circumstances
that mean this is not appropriate)
• Provide details of specific allegations for an employee to respond
to and all relevant information
• Advise employees of their right to take advice and be represented
• Allow employees a reasonable opportunity to respond to
allegations
• Consider the employee's explanation in an unbiased manner, free
from predetermination and uninfluenced by irrelevant
considerations
• Notify the employee of the outcome of Police's investigation into
the allegations
• Ensure outcomes are proportionate to the nature and seriousness
of the conduct
• Ensure privacy of Police employees and the confidentiality of the
investigation is maintained.
Disciplinary Process Guidelines
Disciplinary_Process_Guidelines_-_2016_Final.pdf
563.22 KB
Further information
Our Code:
Code of Conduct Ngā Tikanga Whakahaere (2022)
1.28 MB
Our Values:
Our Values.pdf
2.31 MB
Key words (to enable search): Disciplinary, discipline, suspension,
suspended, duty stand-down, stand down.
https://tenone.police.govt.nz/pi/disciplinary-policy
22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 1 of 38
Police investigations of complaints and
notifiable incidents
Executive summary
Public trust and confidence is the cornerstone for New Zealand Police.
Police Integrity and Conduct Group plays a pivotal role in championing
our Core Values (see PDF below) and Code of Conduct to help and
support our staff to conduct themselves in accordance with legislation,
Police policies and best practice.
Our Values.pdf
2.31 MB
The purpose of the policy is to provide staff with guidelines on the
instructions and best practice for the requirements and standards of a
Police investigation into complaints and notifiable incidents.
Police will ensure that complaints are investigated in a fair, timely, and
effective manner without bias or conflict of interest; and all employees
should be promptly advised of any allegations against them and their
right to respond to the allegations and the final investigation outcome.
The key, critical points for staff to note are:
• Complaints must be investigated in a fair, timely, and effective
manner without bias or conflict of interest.
• Police have an obligation to promptly notify the Independent Police
Conduct Authority (Authority) of incidents and complaints pursuant
to section 13 and 15 of the Independent Police Conduct Authority
Act 1988 (the Act).
• In addition to the statutory notification requirements, the
Commissioner may notify the Authority of any matter involving
criminal offending or serious misconduct by a police employee,
where the matter is of such significance or public interest that it
places or is likely to place Police reputation at risk in accordance
with the Memorandum of Understanding between New Zealand
Police and the Authority (MOU).
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 2 of 38
• The investigations of complaints and notifiable incidents must be
conducted in accordance with the appropriate standards and best
practices prescribed in this chapter.
Overview
Introduction
Police employees have a duty to perform their role in a manner that
promotes the highest level of public trust and confidence in accordance
with the Oath of Office, Solemn Undertaking and the Code of Conduct.
Integrity and the public's perception of integrity are the cornerstones of
providing unbiased and effective policing. It is therefore critical that all
investigations into the conduct of Police employees originating from a
complaint or notifiable incident are conducted to these standards.
Purpose
The purpose of this chapter is to:
• ensure that the standards for good practice of investigation are
met;
• outline the minimum requirements for a Police investigation into
complaints and notifiable incidents; and
• ensure that as an organisation Police manages any risk of
accusations of bias so that we can demonstrate transparency in our
investigation processes.
Key principles
These are the key principles underpinning the Police complaints
processes:
• 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.
Definitions
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 4 of 38
Expression of
Means any request for information, or enquiry or
Dissatisfaction
expression of dissatisfaction, which is not
intended by the person making the request or
enquiry to be received by Police as a complaint,
and can be resolved to the satisfaction of that
person by way of explanation. An expression of
dissatisfaction is not a complaint for the
purposes of this policy.
Executive
Includes the Deputy Commissioners, Assistant
Member
Commissioners and Deputy Chief Executives.
Independence of
Means an investigation that is free from an actual
investigation
or perceived conflict of interest and which is
appropriately managed in terms of this chapter.
The investigation must be undertaken without
predetermination or favour and in a manner that
ensures that the overriding principles of fairness,
impartiality, honesty and integrity are adhered to
at all times, and to remove any indication of bias.
Investigation
An investigation plan describes the investigation
plan
process. It will translate the objectives from the
Terms of Reference (if relevant) into a plan that
sets out roles, responsibilities, timeframes,
principal activities, critical decision points and
objectives for any investigation.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 5 of 38
Independent
Refers to the category assigned to the
Police Conduct
investigation by the Independent Police Conduct
Authority
Authority which determines their level of
categorisation
oversight and time frames for the completion of
the Police investigation.
Notifiable
(In terms of section 13 of the Independent Police
Incident
Conduct Authority Act 1988 Act) means an
incident involving death or serious bodily harm
caused, or apparently caused, by a Police
employee acting in the execution of duty
Police
Is an investigation into the conduct of a Police
Investigation
employee, and may be a criminal or employment
investigation depending on the circumstances.
Policy, Practice
A PPP review is NOT an investigation. It is a
and Procedure
review to confirm that police policies, practices
Review
and procedures are "fit for purpose" and the level
of compliance. A TOR () must be issued and must
be authorised by a Deputy Commissioner, the
Assistant Commissioner: Districts or a delegate of
either, e.g. a District Commander. Refer to the
'Policy, practice, and procedure (PPP) reviews'
chapter for advice.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 6 of 38
Terms of
Sets parameters of the investigation and must be
reference (TOR ())
agreed between a District Commander, Director,
Assistant Commissioner or Deputy Commissioner,
and the investigator in order to avoid any doubt
as to the authority to act, the scope and the
objectives. Terms of reference should also be
consulted and agreed with the Authority where
they have oversight of an investigation pursuant
to section 17(1)(c) of the Act.
The Act
Means the Independent Police Conduct Authority
Act 1988.
The Authority
Means the Independent Police Conduct Authority.
Independent Police Conduct Authority (IPCA)
Independent Police Conduct Authority Act 1988
The Independent Police Conduct Authority Act 1988 (the Act) contains
provisions relating to the notification, investigation, oversight and review
of complaints and incidents which fall within the jurisdiction of the
Authority.
Notification of complaints
The Act requires the Commissioner of Police to notify the Authority as
soon as practicable but in any case within 5 working days, of every
complaint or notifiable incident. The Act requires the Authority to notify
the Commissioner of all complaints that it receives.
IPCA investigation categorisation
The Authority:
• categorises all complaints or notifiable incidents
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 7 of 38
• advises the Director: Integrity and Conduct if evidence gained
during an investigation indicates that the matter should be re-
categorised and reaches agreement
• may make a request for information to assist it in categorising the
matter.
This table explains the four categories used by the Independent Police
Conduct Authority:
Category
Description
Category A
These are serious complaints where the
investigations
Authority may decide to conduct its own
(previously
investigation.
Category 1)
Category B
These are serious or significant matters that are
investigations
referred to Police for investigation with active
(previously
oversight by the Authority and a full review of
Category 2)
the file by the Authority at the conclusion of the
investigation.
Category C
These are matters that the Authority considers
investigations
are appropriate for facilitated case resolution.
(previously
They will be referred to the Police for
Category 4)
conciliation with the complainant and
investigation by Police as necessary. The
Authority may deem a matter capable of early
resolution and will endeavour to identify issues.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 8 of 38
Category D
These are minor matters or matters that require
investigations
no further action by the Authority, however
(previously
Police may need to assess the alleged behaviour
Category 5)
to ascertain whether there are performance or
conduct issues or learning that can improve
Police service.
In some cases the Authority may conduct its own limited
Category A
investigation or direct the Police to conduct a limited
Category B
investigation into an issue or element of a complaint or incident.
The Authority may consider and group a number of matters of
complaints / issues identified together in order to release a thematic
report about an issue.
Action on complaints
Under the Act, when the Authority receives a complaint, it may:
• receive, and if appropriate, independently investigate complaints
regarding Police conduct
• investigate of its own motion, where it is satisfied there are
reasonable grounds to carry out an investigation in the public
interest, any notifiable incident
• oversee or review Police investigations of complaints or notifiable
incidents
• take such action in respect of complaints, incidents and other
matters as is contemplated by the Act.
Whilst Police will in almost all cases lead an investigation, the Authority
may choose to conduct its own investigation or investigate in parallel
with Police.
The Authority may require any person who is able to give information
relating to any matter that it is investigating to provide all information
and assistance needed for the Authority to carry out its functions.
Memorandum of Understanding with the Authority
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealand ... Page 9 of 38
In addition to the statutory notification requirements under section 13
and 15 of the IPCA () Act, the Commissioner may notify the Authority of
any matter involving criminal offending or serious misconduct by a Police
employee, where that matter is of such significance or public interest
that it places or is likely to place the Police reputation at risk. The
Authority may act on these notifications in the same manner as a
complaint notified under section 15 of the IPCA Act.
A common sense approach in determining if a matter should be referred
to the Authority under the Memorandum of Understanding is to consider
if the incident or matter will cause a loss in trust and confidence in the
New Zealand Police.
See: Memorandum of Understanding with the Authority
Initial action on receiving a complaint
Principle
Every complainant must:
• be treated with courtesy, respect and compassion
• have their complaint received and actioned promptly
• be advised of the procedures for actioning their complaint.
Initial action
This table details what you must do when you receive a complaint.
If . . .
then . . .
a matter is not a
you should make every effort, without
complaint but rather an
delay, to resolve the matter to the
expression of
satisfaction of the inquirer by way of
dissatisfaction
explanation.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 10 of 38
a complaint is made
the Police employee receiving the
orally
complaint must summarise it in writing or
ask the complainant to do so, and get the
complainant to sign it as soon as
practical.
a person calls at a Police
you make every effort to speak to the
station or community
complainant and record the complaint in
policing centre
writing. You must not ask the complainant
to return or call another day to deal with
some other Police employee or section.
the employee subject to
you must record the complainant's details
a complaint is the only
and promptly submit a brief report as to
person available at a
the circumstances to your District Police
Police station
Professional Conduct Manager, District
Commander or Director who will arrange
for an independent employee to take the
complaint.
a complainant is unable
you must advise the complainant that
or reluctant to call at a
arrangements can be made for them to be
Police station to make a
interviewed elsewhere.
complaint
a complainant wishes
you must facilitate that request.
their complaint to be
received and recorded in
the presence of a
solicitor, friend or
relative
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 11 of 38
a complaint is made on
you should see the actual complainant in
behalf of another person
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.
a complaint is made by a
you must ensure that questioning of the
person in Police custody
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.
Districts must notify complaints to the Director: Integrity and Conduct at
PNHQ () who in turn notifies the Authority. Districts must
not notify the
Authority directly.
Police employees receiving a complaint
If you receive a complaint you must refer it as soon as possible to your
supervisor who will:
• issue appropriate instructions if the matter requires early attention
• refer the file to the District Police Professional Conduct Manager
who will notify the Director: Integrity and Conduct.
Notifying serious complaints made against any
Police employee
It is important that the Commissioner is notified immediately where any
Police employee is the subject of a serious complaint.
Serious complaint defined
A serious complaint is a complaint, or issue of such significant public
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 12 of 38
interest it puts or is likely to place, the Police's reputation at risk.
Examples of serious complaints or issues
Some examples of serious complaints or issues are:
• 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.
How to notify
Where a complaint or issue arises (as described above) the employee
receiving that information must immediately take steps to ensure the
appropriate District Police Professional Conduct Manager, District
Commander or Director is notified.
The District Police Professional Conduct Manager, District Commander or
Director must notify the Director: Integrity and Conduct of the complaint
or issue.
Information about Police received from CHIS
If information about a Police employee is received from a Police Human
Source as part of a wider investigation, careful management of the
information is required to ensure that the main investigation or the
source is not compromised. It is also important to ensure the information
is recorded and treated consistently to ensure that Police employees
comply with the standards of behaviour as described in the Code of
Conduct.
Process for handling information about employees
received from CHIS
This table details the process to be followed when information is
received about a Police employee from a Police Human Source.
Step Action
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 13 of 38
1
Police Human Source handlers who receive information from a
source about another Police employee that may give rise to an
employment or criminal investigation, must record and submit
that information to the HSMU () following the standard Police
Human Source sensitive information handling processes.
2
The HSMU enters the information. The Detective Inspector
managing HSMU reviews it and determines whether or not the
information requires further investigation. If it does, the
information must be provided to the relevant District Police
Professional Conduct Manager for their investigation, or in the
case of sensitive or serious allegations, (see examples of
serious complaints or issues in this chapter) sent directly to
the Director: Integrity and Conduct.
(See 'When CHIS () information suggests misconduct by Police'
in 'Part 3 Police Human Source Management').
3
On referral to the relevant District or Director: Integrity and
Conduct, the HSMU () will provide expert advice on the
handling of sensitive Police Human Source information
reports.
4
District Police Professional Conduct Managers receiving a
referral of information about an employee from a source must
notify the Director: Integrity and Conduct as soon as possible
and discuss the coordination and timing around any
investigation, following categorisation of the information.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 14 of 38
5
If a referral is made by the Detective Inspector managing HSMU
to the Director: Integrity and Conduct, the Director must ensure
that the relevant District Commander is:
• informed about the information received
• consulted before any major investigative decisions are
made.
6
A review meeting must be held at PNHQ () to decide whether or
not the information is acted on, investigated (and if so by
district or at a national level) or sanitised for a noting to be
placed in the Integrity and Conduct crystal drive.
(The ability to understand factors that, for example, may
impact on an employee's suitability for promotion, overseas
assignment and security clearances must be accessible via
crystal drive national data base for review at the highest level).
7
As with all other complaints, any breach of the Code of
Conduct will be investigated and may result in disciplinary
action including dismissal.
Associated documents
The following documents are related to this policy:
• Code of Conduct
• Police Human Sources (CHIS () and Confidential Informants)
• Performance management
• Adult sexual assault investigation (ASAI) policy and procedures
• People (HR ()) policies
• No surprises policy
• Unacceptable behaviour – Kia Tū policy and guidelines
• Gifts, discounts and hospitality
• Managing conflicts of interest
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 15 of 38
• Discrimination and harassment policy
• Disciplinary policy (includes the 'Disciplinary process guidelines')
Information about Police received from
Crimestoppers
Anonymous information about police employees is received from
Crimestoppers when the "Integrity Plus line 0800 463676 (INFORM) is
contacted.
This information comes to Police Integrity and Conduct at PNHQ () for
action.
Process for handling information about employees
received from Crimestoppers
This table details the process to be followed when information is
received about a Police employee from Crimestoppers.
Step Action
1
The information will be assessed; checks on other systems
including NIA () may be undertaken to determine validity.
2
A review meeting must be held at PNHQ () to decide whether or
not the information is acted on, investigated (and if so by
district or at a national level) or sanitised for a noting to be
placed in the Integrity and Conduct crystal drive.
(The ability to understand factors that, for example, may
impact on an employee's suitability for promotion, overseas
assignment and security clearances must be accessible via
crystal drive national data base for review at the highest level).
3
As with all other complaints, any breach of the Code of
Conduct will be investigated and may result in disciplinary
action including dismissal.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 16 of 38
Associated documents
The following documents are related to this chapter:
• 'Crimestoppers'
Standards of investigation
It is critical that our investigation standards into complaints against
Police employees or notifiable incidents adhere at all times to good
practice. The investigator must impartially investigate complaints or
notifiable incidents involving Police employees in a timely, effective and
objective manner, and follow these key tasks of investigation:
• Assess (confirm or negate) the potential criminal liability of any
person identified during the course of the investigation. The
investigator's assessment must include relevant Police policy and
procedure specific to the circumstances.
• Assess (confirm or negate) the potential liability of any person
identified during the course of the investigation under the Code of
Conduct.
• Document and report on findings including clear conclusions and
recommendations.
• Consider the Solicitor-General's Prosecution Guidelines in terms of
the test for prosecution and recommend whether or not to
commence criminal proceedings.
• Have any decision around the filing of charges independently
reviewed where appropriate. If charges are not recommended a
report explaining the rationale of that decision is to be provided.
• Have any recommendation around disciplinary processes reviewed
by the District Human Resources Manager or Senior Human
Resources Advisor, and Police Professional Conduct Manager as
outlined in the Disciplinary policy to the Code of Conduct.
• Independent investigators (those brought in from outside a district
in which a matter occurs) must report to the District Commander or
Director in the district/service centre where the incident occurred,
unless the line of command is specifically changed by the
Commissioner in writing.
• Where investigators from outside of the district are deployed,
agreed terms of reference must be signed by the District
Commander or Director and the investigator to avoid any doubt as
to the tasking and product of the investigation.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 17 of 38
The District Commander or Director must be consulted before any major
investigative decisions (such as arrest or charge of any employee) are
made.
Management of investigations
Unless determined otherwise by the Commissioner, the overall
responsibility for managing investigations into notifiable incidents or
complaints against Police employees rests with the District Commander
or Director of the Service Centre where the employee is normally
employed.
Where an independent investigator is to be deployed, the primary
responsibility for managing the investigation including reporting
structures resides with the District Commander or Director of the
employee under investigation. The Director: Integrity and Conduct will
provide technical advice and guidelines to ensure a consistent and safe
approach.
Investigation standards
A good practice standard must be applied to all investigations into Police
employees and must be conducted in compliance with the Police Manual.
Employment investigations arising from complaints or notifiable
incidents must be conducted by a separate investigator and comply with
the principles of good practice outlined in the Code of Conduct and
Disciplinary policy.
Category
Investigation requirements
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 18 of 38
Category A
Investigation processes must include:
• an investigation plan
• agreed Terms of Reference between the
investigator and the District Commander or
Director if appropriate in the circumstances
• regular liaison with the complainant/victims, or
their legal representation, in accordance with
the Victims' Rights Act 2002
• regular liaison with the IPCA () investigators
including supply of information in accordance
with section 24
• consultation with the Director: Integrity and
Conduct or delegate
• a declaration of Conflict of Interest under the
'Managing conflicts of interest' chapter
• advise employee(s) of the nature of the
complaint or notifiable incident unless it is
inappropriate to do so
• advise employees involved of the result of the
investigation.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 19 of 38
Category B
Investigation processes must include:
• an investigation plan
• agreed Terms of Reference between the
investigator and the District Commander or
Director if appropriate in the circumstances
• regular liaison with the complainant/victims, or
their legal representation, in accordance with
the Victims' Rights Act 2002
• regular liaison with the IPCA () investigators
including supply of information in accordance
with section 24
• consultation with the Director: Integrity and
Conduct or delegate
• a declaration of Conflict of Interest under the
'Managing conflicts of interest' chapter
• dispositive letter to the complainant confirming
the resolution of the complaint
• advise employee(s) of the nature of the
complaint or notifiable incident unless it is
inappropriate to do so
• advise employees involved of the result of the
investigation.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 20 of 38
Category C
• The focus for these matters is conciliation.
• It is intended that such cases are completed
without the need for formal investigation, but by
early engagement and negotiation with the
affected parties. The focus of conciliation lies in
resolving the complaint through mutual
agreement, acceptance and understanding.
• Where complaints are unable to be resolved in
this manner, some inquiry may then be
necessary to determine whether the complaint
issue(s) should be 'upheld' or 'not upheld' as the
case may be.
There must be:
• regular liaison with the complainant/victims, or
their legal representation, in accordance with
the Victims' Rights Act 2002
• a dispositive letter to the complainant
confirming the resolution of the complaint at the
conclusion
• advise employees of the nature of the complaint
or notifiable incident unless it is inappropriate
to do so
• advise employee(s) involved of the result of the
investigation.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 21 of 38
Category D
It is intended that such cases are completed without
the need for formal investigation, but by early
engagement and negotiation with the affected parties.
The focus of conciliation lies in resolving the
complaint through mutual agreement, acceptance and
understanding.
There must be:
• regular liaison with the complainant/victims in
accordance with the Victims' Rights Act 2002
• advise employees of the nature of the complaint
or notifiable incident unless it is inappropriate
to do so
• advise employee(s) involved of the result of the
investigation
• a dispositive letter to the complainant
confirming the resolution of the complaint at the
conclusion if deemed necessary.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 25 of 38
District Commanders or Directors must actively manage the
investigations under notice to their command to ensure that effective
updates are provided to the Director: Integrity and Conduct on a monthly
basis on all investigations into alleged misconduct by Police employees
assigned to their area.
For significant matters which are subject to the Commissioner's
Notification, the District Professional Conduct Manager must ensure
weekly investigation updates are provided to the Director: Integrity and
Conduct.
The update must provide the status of the investigation, any significant
development in the investigation, the expected timeline to complete and
specify any outstanding tasks associated with that investigation.
Where the Director: Integrity and Conduct forms the view that the
investigation update is either incomplete or indicates problems with the
investigation the Director: Integrity and Conduct must escalate the
matter for resolution to the Police Executive level where the
investigation is being conducted.
Escalation rules
Where an investigation is not concluded within the specified timeframe
or the specified investigation updates are not provided in accordance
with the investigation requirements, the matter must be escalated to the
Director: Integrity and Conduct.
Every effort should be made to keep the IPCA () updated on current
progress of investigations and timeframes. If outside timeframes, the
PPCM should notify PNHQ () of reason for delays.
Consultation during investigation
PNHQ groups
Assistant Commissioners, District Commanders, Directors, supervisors
and investigators may at any stage of a complaint investigation contact
the Police Integrity and Conduct, or Employment Relations group, PNHQ
() for guidance.
IPCA
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 26 of 38
The Commissioner may consult the IPCA () on any Police proposal for
action on a complaint before final reporting to the IPCA (section 20(3)).
Where any Assistant Commissioner, District Commander, Director or
investigator wishes to consult the IPCA in terms of section 20(3) this must
be done through the Director: Integrity and Conduct.
Outcome of investigations
Allegation finding codes
This table shows the allegation finding codes that must be used.
Serious
This has the same meaning as used in the Police
misconduct
Categorisation Form and the Code of Conduct. It can
only be used therefore at the conclusion of a formal
employment investigation and is a breach of the
Code of Conduct that may result in a warning or
dismissal.
Misconduct
This has the same meaning as used in the Police
Categorisation Form and the Code of Conduct. It can
only be used therefore at the conclusion of a formal
employment investigation and is a breach of the
Code of Conduct that may result in a warning, or
performance or remedial action.
Undesirable
Conduct that, while not to the standard expected or
conduct
conforming to Police values, is not a breach of the
Code of Conduct and therefore does not qualify for a
formal employment investigation outcome such as a
warning or dismissal, but will typically have a
performance or remedial action.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 27 of 38
Policy /
The employee fulfilled their duty and
procedure
responsibilities as best as they were able, but
breach
breached Police policy and procedure without
malice or because of a lapse or lack of awareness.
This will typically result in a performance or
remedial action.
Duty /
The employee simply failed to follow Police policy
responsibility
and procedure, failed to follow a lawful instruction
failure
or failed to take necessary steps or action that is
part of their duties. This will typically result in a
performance or remedial action.
Poor
The employee’s actions and behaviour, while
performance
technically not in breach of Police policy, procedure
and values and fulfilling their duties or following a
lawful instruction, were below the standard
expected. This will typically result in a performance
or remedial action.
Error in
The employee’s actions and behaviour, while
judgement
technically not in breach of Police policy, procedure
and values and fulfilling their duties or following a
lawful instruction, had an unforeseen adverse
outcome.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 28 of 38
For monitoring
Although no formal finding, for whatever reason, can
be reached following an investigation or there can
be no investigation, there is on balance of
probability some form of negligence, failure or
beach by the employee that requires monitoring.
Although the capability does not currently exist in
IAPro, there may be the possibility of a future
enhancement that will create a process around the
use of this finding that will raise an alert if the
allegation is repeated.
Not Proven
This is
not a replacement for, and does
not equate
to, the old code ‘CS2 Not upheld’. Not proven is
intended to indicate
neither proven nor disproven.
No formal finding, for whatever reason, can be
reached following an investigation. A typical
example is when the employee resigns during
process at an early stage, or if there are conflicting
accounts with insufficient evidence to support
either.
For recording
No formal finding can be reached because, for
whatever reason, there will be no investigation.
Typical examples include when a mentally impaired
person has made complaints that are essentially
incoherent or disturbed and there is no form of
action available, or the complaint has been declined
by the IPCA under section 18(2). It will still be
included in reports and statistical analysis, and
threshold counts for e.g. Early Intervention.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 29 of 38
Not a Police
A complaint has mistakenly been made against
employee
Police. A typical example is when an incident or
emergency is attended by multiple services and the
subject of the complaint, while believed to be a
Police employee, is actually from e.g. the Fire
Brigade, ambulance service or Armed Forces.
Not at fault
It has been proven, following an investigation of
some form, that the employee is free of blame.
Other redress
The allegation, for whatever reason, cannot be
available
resolved by NZ Police.
Withdrawn
The allegation has, for whatever reason, been
withdrawn.
Further action: criminal
Criminal charges
Where evidence of an offence committed by an employee is disclosed it
is expected that normal procedures will be followed unless there is very
good reason not to.
In relevant circumstances, Police employees can also be prosecuted by
way of infringement notice pursuant to transport legislation.
Director: Integrity and Conduct must be advised
Where a Police employee is arrested or is to appear before a court, the
Director: Integrity and Conduct must be notified as soon as practicable.
Where it is proposed to not charge an employee suspected of having
committed an offence, the District Commander must ensure that the test
for prosecution detailed in the Solicitor-General's Prosecution Guidelines
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 30 of 38
has been complied with. The file must be forwarded to the Director:
Integrity and Conduct for consultation and review. A report outlining the
rationale and decision not to prosecute must be provided.
During the course of the prosecution the Director: Integrity and Conduct
must be provided with regular progress reports and consulted on any
significant developments.
Proceedings in open court do not negate disciplinary proceedings
against an employee. However, where disciplinary proceedings are
contemplated (in addition to court proceedings) the Director: Integrity
and Conduct must be consulted.
Independent prosecutor to be appointed
Once prosecution action has been initiated, and particularly when a not-
guilty plea is entered, the District Commander or Director in consultation
with the Director: Integrity and Conduct and Police Prosecution Service
must appoint a suitably qualified independent prosecutor or engage a
Crown Solicitor to prosecute on behalf of Police.
Further action: employment
Disciplinary action
Where a complaint is upheld and it becomes necessary to proceed
against any employee for a breach of the Code of Conduct, the
procedures prescribed in the Code of Conduct and Disciplinary policy
must be followed.
See: Solicitor-General's Prosecution Guidelines.
Further action: internal fraud, theft, and
corruption
To maintain the trust and confidence of New Zealanders, Police must
ensure it is vigilant about protecting its integrity. Internal fraud, theft
and corruption threaten our integrity.
Police is committed to preventing, detecting and responding to fraud,
theft and corruption threats.
Specific policy exists that details how such matters should be resolved
including the investigation which should be followed.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 31 of 38
See: 'Internal fraud, theft and corruption'
False or withdrawn complaints
False complaint
A complainant should not be warned of the consequences of making a
false complaint unless reasonable grounds exist for believing that the
complaint is false and it is appropriate that a warning is given. Where a
warning or caution is given, the reasons for doing so must be clearly
endorsed on the complaint file.
Withdrawal of complaints
A complainant who wishes to withdraw their complaint must do so in
writing.
Where a complaint has been withdrawn the investigator must report the
reasons given by the complainant and be satisfied that the complainant
has made an informed decision.
Despite the withdrawal of a complaint the District Commander or
Director must consider whether there is any prima facie evidence of any
misconduct or neglect of duty contained in the file and, if so, ensure that
the matter is investigated and the appropriate action taken.
Handling requests for information held by Police
Integrity and Conduct
Introduction
Police Integrity and Conduct holds information about complaints,
incidents, and other matters. Some complaints are made directly to
Police and some to the IPCA, and some information Police Integrity and
Conduct holds relates to investigations in the absence of a complaint.
This information may be requested under the Official Information Act
1982 (OIA) or Privacy Act 2020 (PA).
Some information is held by Police Integrity and Conduct on its own
behalf, and some is held by Police Integrity and Conduct as an agent of
the IPCA. How the information is held determines how Police handles the
request – that is, whether Police must:
• make its own decision on the request under the OIA or Privacy Act,
or
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 32 of 38
• transfer the request to the IPCA (only under the Privacy Act).
The IPCA and Police have agreed to the process below for responding to
requests for complaint information.
Information types
•
IPCA information is information held by Police solely as IPCA’s
agent (i.e. provided by the IPCA or created or obtained for the IPCA
and not used or disclosed by Police for its own purposes)
•
Police information is information held by Police on its own behalf
(i.e. used or disclosed by Police for its own purposes – e.g.
employment investigation – even if it is also provided to the IPCA)
Distinguishing information held by Police Integrity
and Conduct
The table below differentiates what constitutes IPCA and Police
information in the context of the complaint categorisation. It also guides
how Police are to handle any request for information made under the
OIA or PA as soon as the request is received.
IPCA Request or
IPCA Information
Police Information
Complaint
Categorisation
Response:
Response:
• Refuse request
• Decide
under OIA (s18(g))
whether to
• Transfer request
release or
under PA (s43)
withhold
under OIA or
• Provide
PA
explanation –
agent and s32
• Follow usual
IPCA Act (secrecy)
OIA/PA
(see template
process
responses below)
(see
guidance
below)
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 33 of 38
[
Usually prior to
Information that is not
Information
categorisation, IPCA
in the possession of or
already in the
may make RFI to
known to Police on the
possession of or
Police]
date at which the RFI is
known to Police on
s21(1) IPCA Act
made, but that instead
the date at which
is generated as a result
the RFI is made
Request for
of an RFI
Information (RFI)
Information
generated as a
result of an RFI if
used or disclosed
for Police
purposes
CAT A
All information
All other
s17(1)(a) IPCA Act
collected by the IPCA in
information
the course of its
obtained in the
IPCA investigation
investigation
course of a
[
Note: IPCA has not
parallel Police
Reports relating to any
relied upon section 17
investigation
parallel investigation
(1)(b) to seek a Police
by Police that are
investigation on its
created at the request
behalf since 2007. Any
of the IPCA and
historic s17(1)(b)
provided to it
documents are held by
Police as the IPCA’s
agent.]
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 34 of 38
CAT B
Any correspondence
All other
s17(1)(ab), (c), (ca) IPCA from the IPCA to Police
information
Act
during the course of
relating to a
Police investigation
Category B
Police investigation
investigation
Any report either
during the investigation
or at its conclusion that
is generated
specifically for the IPCA
and for no other
purpose
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 35 of 38
CAT C
Any material generated
All other material
s17(3) IPCA Act
by the Authority and
relating to the
provided to Police for
disposition of a
Facilitated resolution
the purposes of
case under
determining an
Category C,
appropriate resolution
including any final
of the complaint
report
Any communication
provided by Police to
the Authority as to the
agreed means of
resolving the complaint
Any material generated
by Police and provided
to the IPCA following an
expression of
dissatisfaction (EOD) to
the IPCA
CAT D
Category D letters
Any other material
s17(1)(d) IPCA Act
written by the Authority relating to the
to both Police and
disposition of a
IPCA – no action
complainant
case under
Category D
Preparing Police’s response to the OIA or Privacy Act
request
1. IPCA information – template responses
If you decide the information is being held by Police solely as the agent
of the IPCA (i.e. not used for Police purposes), you will either:
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 36 of 38
(a) Refuse the request if it is governed by the OIA (the request is for
official/non-personal information, or information about a third party), or
(b) Transfer the request if it is governed by the Privacy Act (i.e. the
request is for personal information about the requester)
Here are some phrases you may consider using or adapting in preparing
Police’s response to requests for information held by Police Integrity and
Conduct on behalf of the IPCA:
…[Cite wording of request in response letter, and any relevant
background as you see fit]
Your request [is for/includes] information held by Police on behalf of the
Independent Police Conduct Authority (IPCA).
This information…[select most appropriate
]
•
…comprises correspondence from the IPCA to Police
•
…was generated in response to a request for information from the
IPCA for their purposes
•
…was generated for the purposes of oversight by the IPCA
•
…was created at the request of the IPCA and provided to the IPCA for
its own purposes
[for OIA requests]
This information has not been used or disclosed by Police for its own
purposes, and is held solely as the agent of the IPCA. As such, it is
excluded from the definition of official information by paragraph (f) of
section 2(1) of the Official Information Act.
Police therefore refuses your request pursuant to section 18(g) of the
Official Information Act 1982 as the information is not held by Police, and
Police cannot transfer your request to the IPCA because the IPCA is not
subject to the Official Information Act.
You have the right to complain to the Office of the Ombudsman if you are
not satisfied with Police’s response to your request
[for PA requests]
This information has not been used or disclosed by Police for its own
purposes, and is held solely as the agent of the IPCA. As such, pursuant to
section 11(2) of the Privacy Act, it is treated as being held by the IPCA.
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 37 of 38
Police is therefore transferring your request to the IPCA pursuant to
section 43(1) of the Privacy Act for their direct response to you. I will
provide the IPCA with a copy of this letter and the relevant information
you have requested. Please be aware, however, that the information may
be subject to secrecy provisions under the IPCA Act 1988 (which overrides
the Privacy Act).
You have the right to complain to the Office of the Privacy Commissioner
if you are not satisfied with Police’s response to your request.
2. Police information – standard OIA or PA responses
Where a request for information about a complaint is not held by Police
Integrity and Conduct as the IPCA’s agent, but is held by Police on its own
behalf for its own use and purposes, Police has responsibility to respond
directly to the requester.
Police will consider the request in the usual way and decide whether to
release the information requested or whether there are grounds to
withhold all or some of it. The ‘Privacy and official information’ Police
Manual chapter provides general guidance on responding to requests for
information, and template response letters can be found at
WORD>
Police Forms> Information Requests> Official Information and Privacy Act
requests.
Police’s decision on any OIA or PA request for Police Integrity and
Conduct information will depend on the facts specific to the case.
However, where a real risk would be created if the information were
disclosed, it is likely that a withholding ground under the OIA or PA will
be available to protect the information and refuse the request. For
example:
There are
conclusive reasons to withhold where:
• disclosure would be likely to undermine an ongoing internal
investigation – s6(c) OIA; s53(c) PA to
avoid prejudice to the
maintenance of the law
• disclosure would be likely to reveal the identity of an informant or
threaten the safety of a Police officer or his/her family – s6(d) OIA;
s49(1)(a) PA
endanger safety of any person
There are other
good reasons to withhold (subject to the public interest
override in section9 for OIA requests) where necessary to protect:
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Police investigations of complaints and notifiable incidents | Ten One - New Zealan... Page 38 of 38
• information about a third party that they would not wish to have
disclosed or it would be unjustified to disclose it – s9(2)(a) OIA; s53
(b) PA
privacy
• information where there was a mutual understanding at the time
the information was provided in the course of an IPCA or Police
investigation that it would be treated confidentially, or where a
person has been or could be compelled to provide the information
– s9(2)(ba) OIA
obligation of confidence / s53(c) PA
maintenance of
the law
• the free and frank expression of opinions by officials – s9(2)(g)(i)
OIA
maintain the effective conduct of public affairs /s53(c) PA
maintenance of the law
• officials from improper harassment – s9(2)(g)(i) OIA
the effective
conduct of public affairs through protection from improper
pressure or harassment / s49(1)(a)(ii) PA
likelihood of serious
harassment
• legal advice – s9(2)(h)(i) OIA; s53(d) PA
legal professional privilege
•
information relevant to criminal proceedings sought by a
defendant – s18(da) OIA; s53(g)(i) PA information to be sought
under the Criminal Disclosure Act
• information that relates to the physical or mental health of the
requester – s49(1)(b) PA
prejudice physical or mental health
• evaluative material (compiled solely regarding employment or
appointment suitability) – s50(1) PA
express or implied promise of
confidentiality
https://tenone.police.govt.nz/pi/police-investigations-complaints-and-notifiable-incide... 22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 2 of 29
• define our roles and responsibilities to maintain a safe, inclusive
workplace and high-performance culture.
This policy applies to everyone working at Police, including contractors,
secondees, volunteers and visitors to Police worksites. It also includes work
events held at locations outside workplaces where there is a link between
the behaviour and the employee’s job. Questions to assist in considering a
link include:
• does the behaviour bring Police into disrepute?
• is the conduct compatible with the job the employee does?
• is there an impact on other employees?
Principles
The following principles underpin this policy.
•
Te Pūtahi o te Tangata/People centric
◦ Our people, their whānau and our communities are always at the
centre of the process. Everyone is treated with
whakamanaakitanga (respect) and aroha (empathy, compassion
and care), and will have the opportunity to be heard to tell their
side of the story. The people involved and the specific
circumstances of the situation will inform the appropriate
resolution process to be followed and everyone will be offered
appropriate support along the way.
•
Whakawhirinaki/Trusted
◦ Trust lies at the heart of everything we do. We need to trust each
other and our processes. In order for the process to be trusted,
we will ensure that it is fair, transparent, timely and consistent
with our obligations of good faith. We will engage with the
people involved early on and maintain good communication
throughout the process.
•
Whaiwhakaaro/Responsive
◦ We will respond to matters quickly and proportionately to the
behaviour of concern. The appropriate process will be carefully
considered, taking into account the situation and the people
involved. Our response will be thoughtful and reflective. The
people involved will understand the next steps and where the
process is at as we progress through to a resolution.
•
Tikanga Haumaru/Safe
◦ We are committed to providing a safe and healthy work
environment where everyone can be themselves and thrive. This
means people feel safe and supported when raising concerns
and when they are involved in the process. Confidentiality is an
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 3 of 29
essential part of this and we will ensure information is only
shared on a need-to-know basis.
•
Noho Haepapa/Accountable
◦ We are all accountable for our behaviour, and behaviour that
falls short of what is expected of us will be addressed. We own
up to our mistakes and remain committed to learning from them.
We understand that mistakes happen, and we will back our
people when they are facing challenging circumstances or
decisions. At the same time, we are all expected to show
humility and insight into our own conduct.
Why
Unacceptable behaviour is harmful to our people, our performance and our
workplace culture. This policy is designed to foster a workplace where
everyone feels confident to raise concerns about unacceptable behaviour.
How
In implementing this policy, we:
• define inappropriate behaviour and what it looks like
• provide clear information and guidance on the options and channels
for addressing concerns confidentially
• act promptly, maintaining mana and repairing harm
• provide clear communication and regular updates, treating all parties
fairly and impartially when concerns are raised and resolved
• tailor support plans for those affected by harmful or unacceptable
behaviour
• evaluate our progress and outcomes to identify how we can continue
to achieve and maintain a great workplace.
What
The Unacceptable behaviour – Kia Tū policy prevents and resolves instances
of unacceptable and harmful behaviour at work so we can continue to build
a safe, inclusive workplace where people feel valued, safe and able to be
their best. This is achieved through setting clear expectations, providing
guidance and support, having safe, easy and confidential ways to raise
concerns, and a restorative justice approach to address problems, restore
relationships and hold people accountable.
Further information
Type
Title/Description
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 4 of 29
Other related
• Code of Conduct
documents
• Disciplinary Policy
• Our Values
• Protected Disclosures Policy
• Trauma Support Policy
• Wellness Policy
Legislation
• Employment Relations Act 2000
• Crimes Act 1961
• Harmful Digital Communications Act
2015
• Harassment Act 1997
• Health & Disability Act 2000
• Health and Safety at Work Act 2015
• Human Rights Act 1993
• NZ Bill of Rights Act 1990
• Privacy Act 2020
Unacceptable behaviour – Kia Tū guidelines
1. Our standards
Our standards derive from Our Code of Conduct, Our Values and our High-
Performance Framework, which combine to shape our workplace culture at
Police. In addition, all of ‘Our People’ have a duty to perform their role in
ways that promote the highest level of public trust and confidence.
To assist everyone working for Police to recognise behaviour that is
inconsistent with our standards and in some cases unlawful, unacceptable
behaviour is defined in this chapter. This ranges from the most serious
behaviour, such as bullying and harassment to less serious instances that
may still make those affected feel uncomfortable in the workplace.
2. Our behaviour
Police seeks to create a culture where all employees in our diverse
workforce feel valued, safe and able to be their best. It is expected that all
our interactions will reflect Our Code, Our Values and our workplace
culture. Our behaviour needs to reflect the nature of policing, which is
team-based, safety conscious and promotes diversity. We look out for each
other and stand strong together.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 5 of 29
3. Our shared responsibilities
We all play a role in ensuring our workplace culture is safe, healthy and
positive, and in reinforcing behavioural standards. This shared
responsibility and common understanding is essential for building a
healthy, safe and inclusive workplace culture where harmful behaviours are
never tolerated.
Commissioner and
• Instil a healthy, safe, inclusive
workplace culture by modelling
Executive
appropriate behaviour, providing
guidance and training on the
standards of behaviour expected of
all and taking appropriate action to
prevent and respond promptly to
bullying, harassment and
discrimination.
• Provide explicit guidance on the
nature of unacceptable behaviour.
• Regularly review our workplace
culture via employee surveys and
apply the outcomes to make
improvements.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 6 of 29
Our People Leaders
• Monitor your work environments to
identify any factors contributing to
unacceptable behaviour.
• Address any concerns of
unacceptable behaviour before it
escalates.
• 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 adjustments 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
◦ is encouraged to access
Support Services.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 7 of 29
Human Resources
• Provide advice and support to People
Leaders and employees to enable
Advisors/Employment
them to understand their options,
Relations Advisors/ Police
rights and responsibilities under this
policy.
Professional Conduct
• Record and investigate assigned
cases confidentially and fairly or
support independent investigators to
ensure a fair timely process for the
resolution of concerns.
Kia Tū Triage Panel
• Consider concerns of unacceptable
behaviour formally reported,
recommend the best pathway for
resolution and ensure Our People get
access to appropriate support.
• Monitor the progress of active Kia Tū
cases to ensure appropriate and
timely management.
• Oversee the closure of Kia Tū cases
to ensure appropriate resolution and
complete and accurate record-
keeping.
Our People
• Be familiar with Our Code, Our
Values, Police policy, process and
available support options.
• Take responsibility for personal and
cultural safety needs and be aware of
the needs of colleagues.
• Stand up to and raise any instances
of potential or actual unacceptable
behaviour in a prompt and
constructive way.
4. Unacceptable behaviour defined
Police does not want to see any of our people experiencing harm due to
another person’s behaviour at work. Harm is not only physical harm but
includes serious emotional distress. Some types of harmful behaviour are
not only unacceptable at Police, but also unlawful. This includes bullying,
harassment and discrimination.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 8 of 29
Behaviour
Definition
Further information
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand Poli... Page 9 of 29
Bullying
Workplace bullying is
Whilst bullying is not
repeated and
defined in statute, the
unreasonable behaviour
definition adopted in New
directed towards a
Zealand has been provided
worker or group of
by WorkSafe NZ.
workers that can lead to
physical or psychological
harm.
Since bullying can lead to
harm, both employers and
Repeated means that the
employees have legal
behaviour is persistent
obligations under the
(rather than a one-off)
Health and Safety at Work
and can involve a range
Act 2015 to prevent it.
of different actions over
time. A single incident
See www.worksafe.govt.nz
will not be considered
for detailed guidance.
bullying, but this can
escalate if it is ignored
and not addressed.
Unreasonable behaviour
means actions that a
reasonable person in the
same circumstances
would see as
unreasonable. It includes
victimising, humiliating,
intimidating or
threatening a person.
Bullying can also include
harassment,
discrimination or
violence.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 10 of 29
Bullying does not include
a one-off instance of
rudeness or reasonable
performance
management or
directions by a
supervisor.
Cyberbullying
Bullying can take on new
Harmful Digital
forms in the world of
Communications Act 2015
social media. The Harmful
Digital Communications
Act 2015 deals with any
See www.netsafe.org.nz
instances of harm caused
For further guidance on
to individuals due to
cyberbullying and online
digital communications.
harassment.
Harm is defined as
serious emotional
distress.
Harmful communications
could include using
phones to send
threatening or offensive
messages, publishing
threatening or offensive
messages online,
spreading damaging or
degrading rumours and
publishing invasive or
distressing photographs
or videos.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 11 of 29
Discrimination
Discrimination occurs
Human Rights Act 1993
when a person is treated
unfairly or less
favourably than another
See www.hrc.co.nz for
person in the same or
more guidance.
similar circumstances on
one or more of the
following grounds:
• gender
• marital status
• religious belief
• ethical belief
• colour, race or
ethnic or national
origins
• physical disability
• age
• political opinion
• employment status
• family status
• sexual orientation
• mental illness.
It is illegal to
discriminate against
someone based on any of
these grounds.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 12 of 29
Harassment
Harassment takes place
Harassment Act 1997
when someone engages
in behaviour that is
directed against another
person which explicitly or
implicitly intimidates,
humiliates, and causes
them to fear for their
safety. This can include
watching, loitering,
following, accosting and
interfering with another
person’s property and/or
acting in ways that
causes the person to be
fearful. Harassment can
be a part of bullying and
may be a criminal offence
in certain circumstances.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 13 of 29
Sexual
Sexual harassment is any
Harassment Act 1997
harassment
unwelcome or offensive
Employment Relations Act
sexual behaviour that is:
2000
• repeated; or
• serious enough to
have a harmful
effect; or
See www.hrc.co.nz,
• which contains an
www.employment.govt.nz
implied or overt
or www.worksafe.govt.nz
promise of
preferential
for more guidance
treatment; or
• an implied or overt
threat of
detrimental
treatment.
This can include:
• using language or
visual material of a
sexual nature
• intrusive questions
about someone’s
sex life
• physical behaviour
of a sexual nature
including
unwelcome
touching, patting or
pinching
• persistent and
unwelcome social
invitations or
contact
• implied or overt
threats of being
overlooked for work
opportunities or
promotions if you
decline sexual
invitations.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 14 of 29
Sexual harassment can
happen to someone of
any sex or gender
identity and can involve
subtle or more overt
actions.
Racial
Racial harassment is any
Harassment Act 1997
harassment
language, visual material
or physical action that:
Employment Relations Act
• expresses hostility
against, or brings
2000
into contempt or
ridicule, any other
person on the
ground of the
See www.hrc.co.nz,
colour, race, or
ethnic or national
www.employment.govt.nz
origins of that
or www.worksafe.govt.nz
person; and
for more guidance.
• is hurtful or
offensive to that
person; and
• is either repeated
or serious enough
to have a harmful
effect on that
person and/or a
detrimental effect
on that person’s
employment, job
performance or job
satisfaction.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 15 of 29
Indecent
An assault with a clear
assault
sexual overtone that
consists of or is
accompanied by an act of
indecency or carried out
in circumstances of
indecency.
Sexual
An indecent assault
violation
becomes a sexual
violation where there is
sexual connection or
attempted sexual
connection without
consent.
What is NOT
• Differences of
opinion.
unacceptable
• Legitimate
behaviour
leadership action to
improve
performance and
insistence on high
standards of
performance,
cooperative team
working, punctuality
and attendance.
• An isolated incident
of abruptness.
In some cases, you might not be sure whether the behaviour you have
experienced or observed falls into one of the categories above, but you may
nevertheless feel upset or distressed by it. If this is the case, you can
contact a Wellness Advisor to discuss your concerns on a confidential,
impartial basis.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 16 of 29
5. Our Procedures: Responding to unacceptable
behaviour
Our procedures are designed to enable our people to feel safe and
confident to raise concerns about behaviour that is not aligned with Police
Code of Conduct, Our Values and culture and that is potentially harmful.
This could be behaviour that is affecting you personally, or that is
negatively impacting another person. Everyone plays a part in shaping an
honest, inclusive, safe and respectful environment. There are four ways to
respond depending on the nature of the concern and/or relationships
involved. We aim to resolve concerns promptly at the lowest level, in
proportion to the harm caused or seriousness of the behaviour.
5.1 Address it yourself
In some cases, especially for low level incidents or one-off comments,
raising a concern immediately can be an effective response. Examples
include:
• using language that is sexist or racist
• talking to someone in a group of people in a demeaning way
• a joke that is at someone else’s expense.
‘On the spot’ responses need to be respectful, polite and focus on the
behaviour not the person. If the behaviour persists or the situation
escalates, discontinue this approach.
If the workplace environment or other circumstances make it inappropriate
to raise your concerns immediately, consider whether you feel safe to raise
it with the person directly at another time. Arrange to meet with the person
and explain how their behaviour made you feel. This allows the other
person the opportunity to hear your perspective, reflect and provide a
response. If you do not feel comfortable addressing it with the person
directly, consider the other options explained below.
5.2 Address it with support
This is likely to apply where you consider that the unacceptable behaviour
would be better addressed in a less immediate way, while being supported
by a trusted friend or colleague who may attend a meeting with you and the
other person to discuss the issue and find a way to resolve it. This option
still enables you to address the behaviour in an informal way.
5.3 Address it with a manager
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 17 of 29
If you don’t feel safe or confident to raise your concern by yourself, you can
raise it with your own or another manager. The manager will provide you
with support to address the behaviour with those concerned. If the
behaviour is serious, the manager, with your consent, may formally report
the concern on your behalf. If the concern raises a risk of harm to yourself
or any others, the manager may be required to report it. The manager is
also responsible for ensuring you have access to impartial and confidential
advice, guidance and support.
5.4 Report it confidentially
In some situations, identifying a problem and dealing with it immediately
through an informal conversation won’t be appropriate. Where the
behaviour is serious or your attempts to deal with it informally have not
resolved the problem, you can formally report your concerns.
To formally report your concern, call 0800 254 288 (0800 2 Kia Tu), or
complete this online form. All information received will be treated with
strict confidence and in accordance with the Privacy Act 2020.
Your concern will be assessed by an independent triage panel to
recommend the best pathway for resolution. The triage panel’s terms of
reference can be found here. You will be kept informed on progress, actions
taken and the outcome.
Support during the process
Raising a concern about unacceptable behaviour in the workplace can be
stressful for everyone involved. Support services have a key role in assisting
to restore relationships, mana and an improved working environment.
The following are support services available to employees.
Wellness
• Provide impartial, confidential support and
advice to leaders and employees from qualified
Advisors
and experienced health and social care
practitioners.
• Additional support may also be provided
through the 'Trauma Support' Policy.
• For more information see the Wellness Hub.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 18 of 29
District and
• Provide confidential advice to employees facing
professional and personal difficulties.
Service Centre
• A range of support services can be tailored to
Early
individual needs and circumstances.
Intervention
Leads
Employee
• The Employee Assistance Programme provides
free counselling or professional/specialist
Assistance
assistance to Police employees on a wide range
Programme
of issues that may affect their work performance
or impact on their health and wellbeing.
(EAP)
• The programme is designed to encourage
employees to take responsibility for their own
health and wellbeing and ensures that
employees at all levels in Police can obtain
independent professional help in an
atmosphere of privacy and confidentiality.
• Police will meet the cost of up to three
counselling sessions per employee, per year. In
some circumstances additional sessions may be
approved.
Mate to Mate
• Mate to Mate is a police initiative which
encourages making a supportive connection
with a colleague where it is safe to have in
depth conversations in an informal environment
and seek help when needed. Refer to the
Wellness Policy for further information on this
initiative.
Chaplaincy
• The Chaplaincy Service is an integral part of the
New Zealand Police support structure
Service
contributing to the wellness of employees. It is
an independent body but operates with
awareness of other support options.
• It provides spiritual guidance, support,
encouragement and assistance to all our people
and their immediate families.
• The Service is available for relationship
counselling and provide support in times of
crisis.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 19 of 29
Respondents
If you are the person about whom a concern is raised, Police will:
• advise you of the concern and provide as much information as
possible about the nature of the concerns and supporting
information, where applicable
• ensure you are provided with appropriate assistance and support
• explain the process and how your confidentiality can be protected
• provide you the opportunity to respond to the concerns in writing
and/or through an interview.
False Notification
Notifiers may be subject to a disciplinary process, if:
• a reported concern is unsubstantiated and determined to be
intentionally false
• an employee persists in pursuing a concern which has already been
investigated, without providing any new information
• the notification concerns trivial matters.
Other Options
Police should be the first point of contact for any concerns you have about
unacceptable behaviour at work so it can be addressed promptly and our
workplaces made safe, inclusive, enjoyable and productive. In some cases,
you may want or need to discuss your concerns with an external agency.
There are several different options available which are set out in the
following table.
Organisation Description
Contact
Police
Employee union
0800 500 122
Association
dealing with
(04) 496 6800
workplace issues
[email address]
and can provide
Police Network number: 44446
advice and
Fax: (04) 496 6819
representation if
you are a
member.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 20 of 29
Police
The Guild
Executive Officer s.9(2)(a) OIA
Leaders
advocates on
nzplg.org.nz/contact/
Guild
behalf of Police
managers and
leaders. It
provides
advocacy at four
levels –
operational,
industrial,
government and
legal. It provides
legal assistance
for situations
which arise out
of employment
with Police if you
are a member.
Public
Employee union
Freephone 0508 367 772
Service
dealing with
www.psa.org.nz/
Association
workplace issues
[email address]
and can provide
advice and
representation if
you are a
member.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 21 of 29
Independent Independent
0800 503 728
Police
oversight body
(04) 499 2050
Conduct
which
[email address]
Authority
investigates
(IPCA)
complaints made
against the
Police. You can
find out more
information
about what kind
of complaints the
IPCA looks into
by visiting:
www.ipca.govt.nz
WorkSafe NZ New Zealand’s
0800 030 040
primary
www.worksafe.govt.nz/notify-worksafe/
Mahi
workplace health
Haumaru
and safety
Aotearoa
regulator, with a
mandate to
improve New
Zealand’s health
and safety
performance.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 22 of 29
Employment Employment
www.employment.govt.nz/about/contact-
New Zealand Mediation
us/
Mediation
Services within
Auckland (09) 970 1550
Services
the Ministry of
[email address]
Business,
Ministry of
Wellington (04) 915 9550
Innovation and
Business
[email address]
Employment
Innovation
(MBIE) provides a Christchurch (09) 970 1550
&
free mediation
[email address]
Employment
service to any
employee or
employer with an
Hikina
employment
Whakatutuki
relationship
problem. The
independent
mediator’s role is
to help the
parties to
identify the main
issues and find
potential
solutions in a
semi-formal and
confidential
environment.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 23 of 29
Employment The Employment
Auckland (09) 970 1550
Relations
Relations
[email address]
Authority
Authority is an
Wellington (04) 915 9550
independent
[email address]
body set up
under the
Christchurch (09) 970 1550
Employment
[email address]
Relations Act
2000 to help
resolve
Note: Same email contacts as Mediation
employment
Services.
relationship
problems when
the parties have
been unable to
resolve the
problem by
formal
mediation.
Either you or
Police can go to
the Employment
Relations
Authority. You
need to fill out a
form called a
“Statement of
problem”,
explaining what
the problem is
and how you’d
like it resolved.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 24 of 29
You lodge your
application by
sending the
completed form
to the Authority.
The case will
then usually go
to an
investigation
meeting about
your dispute. The
Authority’s
recommendation
will then become
a final and
legally binding
decision on a
date agreed to by
you and your
employer, unless
you or Police
objects to the
Authority about
the
recommendation.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 25 of 29
Public
The role of Public Wellington (04) 495 6600
Service
Service
[email address]
Commission
Commission is to
provide
Te Kawa
leadership and
Mataaho
over-sight of the
public service
and ensure the
purpose of the
Public Service Act
is carried out.
The Commission
upholds long-
held public
service principles
that guide the
work of public
servants:
politically
neutral, free and
frank advice,
merit-based
appointments,
open
government and
stewardship.
The
Commissioner
promotes
integrity,
accountability
and transparency
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 26 of 29
across the public
service, including
setting standards
and issuing
guidance. The
Commissioner is
responsible for
appointing public
service chief
executives,
issuing a code of
conduct for
public servants
and investigating
poor
performance in
the public sector.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 27 of 29
Human
The HRC works
0800 496 877
Rights
across New
www.hrc.co.nz/about/contact
Commission
Zealand to
[email address]
(HRC)
increase human
rights standards
Te Kahui
in law, policy and
Tika Tangata
practice. It works
for a free, fair,
safe and just
New Zealand,
where diversity is
valued and
human dignity
and rights are
respected.
The HRC offers a
free, informal
enquiries and
complaints
service to deal
with unlawful
discrimination
and racial and
sexual
harassment
issues.
If you think you
have faced
unlawful
discrimination,
you can make a
complaint to the
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 28 of 29
HRC and receive
help with advice,
information and,
if necessary,
mediating your
complaint.
Netsafe
Netsafe is an
www.netsafe.org.nz
independent,
0508 NET SAFE
non-profit NZ
(0508 638 723)
organisation
[email address]
focussed on
online safety.
They help people
stay safe online
by providing
online safety
education, advice
and support.
They can provide
information and
advice about
using digital
technology
safely, and about
managing online
challenges like
harassment,
bullying and
abuse.
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Unacceptable behaviour – Kia Tū policy and guidelines | Ten One - New Zealand P... Page 29 of 29
https://tenone.police.govt.nz/pi/unacceptable-behaviour-kia-tu-policy-and-guidelines
22/04/2022
Crimestoppers
Released
under the Official Information Act 1982
Table of Contents
Table of Contents
3
Parties to this Memorandum of Understanding
5
1. Background
6
Released
2. Purpose
7
2 1 Consulting on Strategic Priorities, Plans of each Party and Initiatives
7
2.2 Consulting on Policy Initiatives
8
2.3 Communication and Media Strategies
8
2.4 Publicity / Branding / Use of Logo(s)
8
2.5 Regional Management
8
2.6 Response to Official Information Act Requests
9
under the Official Information Act 1982
2.7 Information Sharing
9
3. Guiding Principles
10
4. Legislation and Information Disclosure
11
5. Additional Parties
12
6. Conflicts of Interest
13
7. Commencement, Review, Duration and Termination
14
8. Schedules to the Memorandum of Understanding
15
9. Memorandum of Understanding not Binding
16
10. Dispute Resolution
17
11. Parties' Representatives
18
12. Persons Authorised to Sign on Behalf of the Parties
20
Crimestoppers
Memorandum of Understanding between Crimestoppers Trust New Zealand, Department of
Corrections, Immigration New Zealand, New Zealand Customs Service and New Zealand Police.
Released
under the Official Information Act 1982
4/20
Crimestoppers
Parties to this Memorandum of Understanding
The parties to this Memorandum of Understanding (MoU) are:
‑ Crimestoppers Trust New Zealand ('Crimestoppers'), and
‑ Department of Corrections ('Corrections')
Released
‑ Immigration New Zealand ('Immigration')
‑ New Zealand Customs Service ('Customs')
‑ New Zealand Police ('Police')
Crimestoppers is an independent incorporated charitable organisation that helps New Zealanders to fight
crime by providing an anonymous and simple way to pass on information to the authorities.
under the Official Information Act 1982
While Crimestoppers maintains a strong focus on encouraging people to provide information about crimes
that have occurred, its dominant focus is crime prevention and safer communities.
Corrections works to make New Zealand a better, safer place by protecting the public from those who can
cause harm and by reducing reoffending.
Immigration New Zealand is responsible for bringing the best people to New Zealand to enhance New
Zealand's social and economic outcomes. Immigration New Zealand directly supports labour market
growth by attracting the best people to New Zealand and supporting them into the workforce so they
become long term contributors. Immigration New Zealand also contributes to key export industries like
tourism and education.
Customs is the government agency with the job of ensuring the security of New Zealand's borders. The New
Zealand Customs Service protects the economy from illegal imports and exports and promotes New
Zealand's international trade. Customs collects revenues, investigates illegal activity and prosecutes where
necessary. Customs also ensures lawful travellers and goods can move across the borders as smoothly and
efficiently as possible.
Police apply the principles of the 'Prevention First' strategy to secure the vision of Safer Communities
Together'. Police seek to do this by working in partnership with citizens, communities government and
non‐government agencies to prevent crime and crash, enhance public safety and maintain law and order.
5/20
Crimestoppers
1. Background
The Government Agencies that are parties to this MoU share a desire, and are expected by Government, to
prevent and reduce criminal activity and therefore reduce harm to society.
This MoU describes the relationship that Crimestoppers has with each of the Government Agencies listed so
Released
that the activity and campaigns that Crimestoppers execute as their core business are consistent with the
strategic intent of each organisation, to not only fight crime but to reduce and prevent harm.
This MoU describes the relationship that Crimestoppers has with each of the government agencies listed so
that the activity and campaigns that Crimestoppers execute as their core business are consistent with the
strategic intent of each organisation, to not only fight crime but to reduce and prevent harm.
under the Official Information Act 1982
6/20
Crimestoppers
2. Purpose
This MoU describes the role of Crimestoppers as an independent charity closely aligned to crime prevention
and the reduction of harm to society. Given the intent of Crimestoppers and the role of the anonymous call
line it is important that campaigns and communications initiated by Crimestoppers are consistent with the
strategic intent (and therefore the tactical implementation) of the individual Government Agencies that are
Released
parties to this MoU. This MoU has been developed to ensure this close alignment is achieved.
This high level of strategic awareness and understanding will be evidenced through campaigns and public
messaging that is consistent with the strategic direction and intent of the listed parties.
This MoU establishes and promotes a collaborative working relationship between the individual
government agencies and Crimestoppers through the specific activities (1‐8) listed below, although is not
under the Official Information Act 1982
limited to these:
1. Consulting on strategic priorities and, as appropriate, the tactical implementation of these priorities
with each party;
2. Consulting on policy initiatives;
3. Communication and media strategies;
4. Publicity/branding/use of logo(s);
5. Regional management;
6. Response to Official Information Act requests;
7. Information sharing;
8. Providing Crimestoppers with the outcomes and results from information provided through
Crimestoppers to assist Crimestoppers to increase its value to all collaborating agencies
2.1 Consulting on Strategic Priorities, Plans of each Party and Initiatives
There is to be a single Executive Representative from one of the four Government agency parties appointed
to the Crimestoppers Board to ensure that the Governance of Crimestoppers is consistent with the strategic
intent of the Government Agencies listed.
Meetings between individual agencies and Crimestoppers
Regular meetings are to be established between each agency party and Crimestoppers. The primary
objective of these meetings is to:
‑ Align the strategic intent of the individual agency and Crimestoppers;
‑ Align the public Crimestoppers campaigns with the intent of the agency; and
‑ Align the appropriate resources of the agency.
These individual agency meetings with Crimestoppers will be scheduled at the commencement of each
calendar year, at which time the appropriate level of attendees from the agency will be decided. They are to
reflect and be appropriate to the relationship between the agency and Crimestoppers. These meetings will
be minuted to evidence the inclusion of each of these specific activities (1‐8).
7/20
Crimestoppers
If a disagreement arises regarding the meeting's frequency and/or level of attendees it shall be raised at
the Crimestoppers Board meeting and addressed by the Government Agencies' Executive board member
2.2 Consulting on Policy Initiatives
Appropriate and timely consultation on policy initiatives is consistent with the intent of this MoU, which is
Released
to align the strategic intents of individual agencies with the work of Crimestoppers.
Matters such as changes to policy or initiatives are to be discussed in the meetings noted in 2.1 of this MoU.
Actions following these meetings should not be inconsistent with what has been agreed during the
meetings.
2.3 Communication and Media Strategies
under the Official Information Act 1982
It is important that the meetings stipulated in 2.1 of this MoU operate at a strategic level. Campaigns and
communications must stem from alignment between the individual agencies and Crimestoppers, and this
will come from robust conversation shared and strategic understanding gained in these meetings.
A mutually understood strategic intent will naturally lead to appropriate aligned and well timed
communications and media strategies
Discussions regarding Communications and media strategies should occur at the concept level during the
meeting/s signalled in 2.1 of this MoU. When appropriate the detailed campaign planning should occur at
the operational and regional levels. These conversations should be initiated from the meeting/s signalled in
2.1 of this MoU and involve the appropriate staff.
Joint communication campaigns should be pursued wherever possible and practicable. The parties will use
reasonable endeavours to develop joint positions for public comment on any area of common interest.
Where practical, parties will consult each other before making public comment on (a) areas of common
interest, or (b) information supplied by other parties.
2.4 Publicity / Branding / Use of Logo(s)
The use of individual agency and Crimestoppers logos together will be done in accordance with the internal
conventions of each agency and Crimestoppers. It must be approved in advance by the Chief Executive of
Crimestoppers and the appropriate delegate within the agency/ies.
The agencies and Crimestoppers will use their best endeavours to promote brand awareness by including
the anonymous line appropriately in external communications and campaigns
2.5 Regional Management
Regional agency managers will be locally responsible for observance of this MOU and will act in accordance
with the outcomes of the meeting/s identified in 2.1 above.
It is important that Crimestoppers and the individual agencies continue to work, as per the meeting/s
discussed in 2.1 of this MoU, with named representatives and are asked not to channel direct
8/20
Crimestoppers
communications to Regional Managers without first discussing this with the named representative.
2.6 Response to Official Information Act Requests
The Crimestoppers service guarantees callers absolute anonymity and as such information that is passed to
agencies never has an identified origin: it is anonymous.
Released
The parties acknowledge the individual agencies are subject to the Official Information Act 1982 and may be
required to release information they have had or received from Crimestoppers. However, should this occur
Crimestoppers must be made aware of the Official Information Act request and the information to be
released as soon as practicable.
2.7 Information Sharing
under the Official Information Act 1982
The parties to this MoU agree that only sufficient information to achieve the respective agencies' purpose
working with Crimestopp rs will be requested or disclosed by one party to the other party
It is primarily the responsibility of each party to ensure that the intent of this MoU is followed by their
employees and that information shared between two or more parties will be disclosed in compliance with
any relevant legislation or approved information sharing agreements, as applicable.
9/20
Crimestoppers
3. Guiding Principles
Where possible, the individual agencies listed agree to work co‐operatively with Crimestoppers on areas of
common interest. The objective of this is to help the individual agencies achieve their strategic intent(s)
through enhancing the effectiveness and value of the anonymous line and Crimestoppers campaigns.
Released
All parties will:
3 1 Demonstrate good faith and trust in their day to day dealings with one another
3.2 Use reasonable endeavours to provide information in a timely manner. Provide advance warning to the
other party if agreements, including timelines, cannot be achieved.
3.3 Use reasonable endeavours to give adequate notice to the other party when requesting input, comment
under the Official Information Act 1982
or information. Allow sufficient time for a response to be given.
3.4 Use reasonable endeavours to operate an "early warning, no surprises" policy in areas of mutual
interest.
3 5 Treat with respect all information received maintaining its security and confidentiality
3.6 Recognise that they will not always agree. Commit to working constructively and openly with each
other at all times to achieve as speedy and as pragmatic a resolution as possible. Engage the dispute
resolution process if this cannot be achieved.
3.7 Where practical, consult each other before making public comment on areas of common interest, or on
information supplied by other parties. Use reasonable endeavours to develop joint positions for public
comment on any area of common interest.
3.8 Use reasonable endeavours to respond positively when requested by other parties to provide
specialised services.
10/20
Crimestoppers
4. Legislation and Information Disclosure
The working relationship between the parties and any outcome of this MoU must be consistent and
compliant with the following legislation:
Immigration Act 2009
Released
‑ Corrections Act 2004
Sentencing Act 2002
‑ Parole Act 2002
Cu toms and Excise Act 1996
‑ Policing Act 2008
Official Info mation Act 1982
under the Official Information Act 1982
‑ Privacy Act 1993 and/or
Any other relevant legislation
Information disclosed between two or more parties will be disclosed in compliance with any relevant
legislation as applicable
11/20
Crimestoppers
5. Additional Parties
Additional agencies may agree to enter into this MoU by attaching a schedule signifying an agreement.
Released
under the Official Information Act 1982
12/20
Crimestoppers
6. Conflicts of Interest
Conflicts of interest should be managed in accordance with agencies' Conflict of Interest Policies.
Released
under the Official Information Act 1982
13/20
Crimestoppers
7. Commencement, Review, Duration and Termination
This Memorandum:
7.1 Comes into effect on the day that it is signed by all parties, and continues until it is terminated in
accordance with the terms of this memorandum.
Released
7 2 May be reviewed and subsequently amended in writing as agreed by the parties.
7.3 May be terminated by any party:
a. On the grounds of breach of condition by other parties, by giving at least one month's notice in
writing; or
b. Without cause, by giving the other parties three months' notice in writing.
under the Official Information Act 1982
Termination of the Memorandum shall not release either party from any confidentiality requirements,
which have already accrued at the time of termination. After applying for termination, parties agree to
continue working together cooperatively until such time as the termination date is reached.
7.4 Shall remain in suspense in the event that any party is delayed in the performance of its obligations
under this Memorandum by force majeure, until the cause thereof has ceased. Force majeure shall include,
although not by way of limitation, strikes, lockouts, riots, sabotage, acts of war or piracy, destruction of
essential equipment by fire, explosion, flood or earthquake, and delay caused by failure of power supplies,
communication or transport facilities.
7.5 Will be reviewed by all parties every two years from the date of commencement.
Where there are changes to Government policy which affect the purpose and functions of this MoU, each
party agrees to inform the other/s of those changes at the earliest possible time, and meet to re‐negotiate
any aspects of this MoU if necessary.
14/20
Crimestoppers
8. Schedules to the Memorandum of Understanding
The parties agree that from time to time they may develop protocols relating to specific procedures and
activities involving the parties. New agreements or protocols may supersede existing ones. If these
protocols cannot be captured in specific agreements such as a Contract for Service or a Service Level
Agreement they will be attached to the Memorandum of Understanding as a Schedule.
Released
New Schedules may be developed and added with appropriate Executive level approval and sign off, as per
the meeting schedule stipulated in 2.1 of this MoU.
Each Schedule will commence on the date this Memorandum is signed by all parties or, where a particular
Schedule is added to this Memorandum after that date, on the date the Memorandum is varied to include
that Schedule. Each Schedule will continue until the earliest of the following:
under the Official Information Act 1982
8.1 Expiry of the term for that Schedule as set out in that Schedule.
8.2 Termination of that Schedule by either party:
a. On the grounds of breach of condition of that Schedule by the other party, by giving at least one
month's notice in writing; or
b. Without cause, by giving the other party three months' notice in writing.
8.3 Termination or expiry of a Schedule shall not release any parties from confidentiality requirements.
These will have already accrued at the time of termination or expiry. Even if one or more Schedules are
terminated or expire, the remaining Schedules remain in full force and effect, and the confidentially
requirement is permanently binding.
15/20
Crimestoppers
9. Memorandum of Understanding not Binding
Nothing in this MoU makes any party liable for the actions of other parties or constitutes any legal
relationship between parties.
The parties agree that this MoU does not limit any party in their provision of services.
Released
Any statements of intention in this MoU are subject to the discretion of each party to act as necessary to
perform its legal functions or obligations and to exercise any statutory powers. However, all parties agree to
maintain the confidentiality of privileged information.
under the Official Information Act 1982
16/20
Crimestoppers
10. Dispute Resolution
The parties will meet and negotiate in good faith to resolve as quickly as possible any dispute or difference
that arises touching on the purpose of this MoU or the rights and obligations of the parties under this MoU.
10.1 If the parties are unable to resolve the dispute or difference within a reasonable time period, any party
Released
may refer the dispute or difference to the Meeting stipulated in 2.1 of this MoU.
10 2 Where the agency meeting and agency representative cannot resolve a dispute or difference within a
reasonable time period, the parties are to escalate the dispute or difference to the executive member on
the Crimestoppers Board, who will be asked to make the judgments necessary to resolve the issue.
10.3 If resolution is still not possible, the relevant Chief Executives may be advised, and asked to resolve the
under the Official Information Act 1982
issue.
17/20
Crimestoppers
11. Parties' Representatives
The parties' specified addresses, email and party representatives are:
Crimestoppers Trust
Released
Name:
Mr John Perham, Chairman
Address:
P.O. Box 12262
Wellington, 6144
Telephone:
s.9(2)(a) OIA
Email:
under the Official Information Act 1982
Corrections
Name:
Mr Ben Sluyter, Manager Delivery Systems and Infrastructure
Address:
Department of Corrections
Telephone:
s.9(2)(a) OIA
s.9(2)(a) OIA
Email:
[email address]
Customs
Name:
Chris Howley, Group Manager, Intelligence, Investigations and Enforcement.
Address:
Auckland Customhouse
55 Anzac Rd, Auckland
Telephone: (09) 927 8000
s.9(2)(a) OIA
Email:
[email address]
18/20
Crimestoppers
Immigration
Name:
Mr Peter Devoy, Assistant General Manager, Compliance and Border Operations
Address:
Immigration New Zealand
Released
Ministry of Business Innovation and Employment
Telephone: s.9(2)(a) OIA
Email:
[email address]
under the Official Information Act 1982
New Zealand Police
Name:
Assistant Commissioner Grant Nicholls, Assistant Commissioner Prevention
Address:
180 Molesworth Street Thorndon Wellington
Telephone: s.9(2)(a) OIA
Email:
[email address]
19/20
Crimestoppers
12. Persons Authorised to Sign on Behalf of the Parties
Signed by
John Perham the
Chairman,
Crimestoppers Trust
Date: 16 July 2014
Signed by
Ray Smith the
Chief Executive of the Department of Corrections
Released
Date: 16 July 2014
Signed by
Karen Urwin on behalf of the
Deputy Chief Executive Immigration
Date 16 July 2014
Signed by
Carolyn Tremain the
Comptroller of Customs
Date: 16 July 2014 under the Official Information Act 1982
Signed by
Mike Bush the
Commissioner of Police
Date: 16 July 2014
Printed on : 04/04/2022
Printed from : https://tenone.police.govt nz/pi/crimestoppers‐0
20/20
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
Released
under the Official Information Act 1982
