30 October 2018
Thomas Holmes
[FYI request #7965 email]
Ref: IR-01-18-2593
Dear Thomas,
Request for information
I am writing further to your complaint to the Ombudsman regarding Police’s response
to your request of 30 May 2018 for “copies of any policies, procedures, and guidelines
that concern vetting of potential recruits”.
Police has reconsidered its response, and the information within the scope of your
request will now be released to you.
Please find a copy of the New Zealand (NZ) Police Constabulary Recruitment Vetting
Standards as at 28 April 2017.
Police regrets any inconvenience the delay in providing this information may have
caused you.
Yours sincerely
Andrea Swan
National Manager: Constabulary Recruitment
People & Capability Group
Appendices:
A. Constabulary Recruitment Vetting Standards – 28 April 2017
Constabulary Recruitment Vetting Standards
Purpose:
To provide guidelines for New Zealand Police to assess Recruit and Rejoin applicants eligibility to join.
Assessment Factors:
With respect to the offence(s), assessment of the conduct is to be undertaken using the C.A.R.E. decision model to provide guidance in determining the eligibility of the applicant:
Classification of the offence(s)
Age of the applicant
Recency of history
Extent of history
Applicants are only appointed as a Recruit or Rejoin where their integrity is not subject of any reasonable doubt or concern. When determining exclusion periods, it may be appropriate to consider
a longer exclusion period based on the overall conduct of an applicant. Exclusion periods are calculated from the date of the offence or Court decision unless specified otherwise.
No conviction recorded
Constabulary Recruitment have the discretion to take into account all offences regardless of whether a
conviction is recorded. A decision by a Court not to record a conviction may be taken into account when
determining the gravity of an offence.
In the case of youth offenders, outcomes are primarily recorded as charges ‘proven’ rather than a
conviction being entered.
Charged but found not guilty
Where an applicant has been charged with an offence but found not guilty, or where charges are
withdrawn.
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Proven Charges (convictions, discharge without conviction, diversion) including youth offending
#
Charges
Comment
Minimum exclusion period
1. Crimes against rights of property, including all crimes involving
Any proven charge
Unsuitable unless exceptional
dishonesty under the Crimes Act 1961
circumstances.
2. Drugs - includes all offences, except Class C, under the Misuse Any proven charge
Unsuitable
of Drugs Act 1975
Y
outh offences: 7 years
Drugs - Class C offences, under the Misuse of Drugs Act 1975
Any proven charge
7 years from the date of the offence.
Unsuitable if supplying
3. Morality and public welfare. All offences under Part VII,
Any proven charge
Unsuitable
sections 123-150, Crimes Act 1961
4. Violence. All assaults and all “crimes against the person” under Any proven charge
Unsuitable
Part VIII of the Crimes Act 1961
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5. Drink/Drug driving offences under the Transport Act 1962 or
Conviction for any drink or drug driving related
7 years from the date of any offence
Part 6 of the Land Transport Act 1998.
offence, including failing or refusing to comply
proven. More than one offence –
offences. Infringement offence for excess breath or
unsuitable
excess blood alcohol
*Rejoin applicants will remain subject to outcomes from prior
employment investigations or similar.
5 years from the date of any offence
Under 20-year-old excess breath alcohol under 250
proven. More than one offence –
micrograms of alcohol per litre of breath or 30
unsuitable
milligrams of alcohol per 100 millilitres of blood
6. Any Regulatory Vehicle Infringement Offence
Example, WOF, Registration
0 years
7. Road Safety Related Traffic Infringements or Written Traffic
Example speed, breach of road rules, mobile phone
1 offence – 6 months
Warning, excluding drink-driving offences
related offences, driver licencing.
2 to 6 offences – 1 year from date of
last offence
7 or more offences – 5 years from the
date of last offence; maybe unsuitable
depending on nature of offences and
timeframes.
Demerits
50 or more demerits – unsuitable until
demerits fall below 50.
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8. Careless driving
1 year from the date of any offence
proven
9. Careless driving causing injury/death
7 years from the date of any offence
proven. More than one offence -
unsuitable
10. Dangerous/reckless driving
7 years from the date of any offence
proven. More than one offence -
unsuitable
11. Dangerous/reckless driving causing injury/death
Unsuitable
12. Driving while forbidden or suspended to drive
7 years from the date of any offence
proven. More than one offence -
unsuitable
13. Driving while disqualified to drive
Unsuitable
14. Unauthorised street racing under the Land Transport
7 years from the date of any offence
(Enforcement Powers) Amendment Act 2009
proven
15. Self-disclosure of any criminal behaviour (incl. illegal drugs
Exclusion period is to reflect the seriousness
7 years from the date of last use
use)
(noting’s, disclosure, time, frequency and type)
16. Other:
Any other proven charge not previously listed under
Unsuitable
Sentenced to a period of imprisonment or an electronically
any statute or Act in New Zealand Law that carries a
monitored sentence for any offence (regardless of whether
term of imprisonment.
penalty was wholly suspended)
17. Offences or orders under the Arms Act 1983 or corresponding
7 years from the date of any offence
law that prohibits the person from possession or using a firearm
proven.
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18. Bankruptcy
Current Bankrupt – not discharged
Cannot consider applicant until discharged (evidence
Unsuitable
required).
Former bankrupt – discharged
Obtain full circumstances of bankruptcy and credit
2 years from date of discharge
check, and assess if any integrity issues involved.
19. Non-Disclosure
If there is no doubt the applicant has knowingly
Unsuitable
failed to disclose information in the selection
process.
If there is reasonable doubt as to the intentional
withholding of information or there are mitigating
0 years based on merit
circumstances, consideration should be given to
applicant’s suitability
20. Consume liquor in public place and other liquor act offences
First offence
0 years
Second offence
2 years from the date of any offence
proven
21. Consume liquor in public place (breach of liquor ban) and other
7 years from the date of any offence
liquor act offences resulted in an arrest
proven
22. Providing False Information and/or Declarations
Unsuitable
Traffic
Tax
23. Obstruct/Hinder Police. Any offence showing disrespect for the
7 years from the date of any offence
role of Police in society
proven
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24. All Summary Offences including but not limited to:
1 offence – 12 months
Wilful damage
2 to 6 offences – 7 years from date of
Fighting in public places
last offence
Disorderly behaviour
7 or more offences – unsuitable
Offensive behaviour
25. Respondent of Protection Order (PO) and Police Safety Order
Based on the nature of the circumstances. If
0 years
(PSO) as per the Domestic Violence Act 1995
application only and no order in place (withdrawn,
rejected etc.) treat as per adverse intelligence.
Discretion available to be considered
PO Application heard in Court but no PO issued
on a case by case basis.
Where a PO application has been made against an
applicant and been heard in Court but no order
issued, an assessment of the full circumstances
should be made.
PO Application heard in Court and PO issued
Unsuitable
Where a PO application has been made against an
applicant and been heard in Court and order issued,
an assessment of the full circumstances should be
made
Police Safety Order issued
Obtain full circumstances of a Police
Safety Order before deeming an
applicant unsuitable.
Unsuitable
Breaches of Protection Order
Unsuitable
Breaches of Police Safety Order
Breaches of Protection Order
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Breaches of Police Safety Order
26. Trespass Orders
Current Trespass Order on residential or commercial
Obtain full circumstances of a Trespass
property.
Order before applying discretion on a
case-by-case basis.
27. Intel
Exclusion period is to reflect the seriousness.
0 years
Other discovery of any criminal behaviour (including illegal Disclosures which have been attained following
drug use by applicant)
intelligence or other information provided by a third
person should be verified and considered in
determining extent or reduction of exclusion period
as the conduct has not been volunteered by
applicant.
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Definitions
A conviction entered by a court in New Zealand for an offence, including a conviction for a traffic offence; and
Conviction
Includes a conviction entered by court or court-martial under the Armed Forces Discipline Act 1971 or resulting
from an appeal from a decision under that Act.
Any act or omission for which a person may be punished under the Crimes Act 1961 or any other enactment,
Offence
whether on conviction on indictment or on summary conviction.
Any offence against the Land Transport 1998 or the Transport Act 1962, or against any regulation, rule or bylaw
Traffic Offence
made under any of those Acts. Or any offence against any regulation, rule, or bylaw made under any other Act if
the offence relates to the use of vehicles, parking places, or transport stations.
Caution
An informal caution given where the offender is not charged.
Pre charge warning
A formal warning given after an arrest for a minor offence.
This is the equivalent of being found not guilty (an acquittal). The judge can only discharge without conviction if the
Discharge
direct and indirect consequences of a conviction would be out of all proportion to the seriousness of the offence.
Also, a discharge without conviction can only be given if the particular offence doesn’t have a minimum sentence.
An alternative means of processing some offences and/or offenders through the courts. It provides an outlet for
Diversion
prosecutions to be diverted from the formal criminal justice system and ensures that the only cases that proceed
before the judiciary are those which the public interest suggest require the full intervention of the criminal law.
A court may grant leave to withdraw a plea of guilty at any time before the defendant has been sentenced or
Withdrawn by leave
otherwise dealt with. The court must grant leave, if the court had given a sentence indication which the defendant
accepted. Withdrawn by leave is deemed to be an acquittal if the defendant has been given a sentence indication.
General
Traffic Offences Notices or Infringement Offence Notices
An applicant is not eligible to apply until the number of demerit points is under 50.
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Document Outline
