27 february 2009 human rights and policing the hon. justice goddard, chair independent police...

27 February 2009

Human rights and policingThe Hon. Justice Goddard, ChairIndependent Police Conduct Authority

Presentation to the Victoria University of Wellington Institute of Policy Studies ForumAddressing the Underlying Causes of Offending: What is the evidence?

NZ’s human rights framework

• NZ Bill of Rights Act 1990

NZ’s human rights framework

• NZ Bill of Rights Act 1990• Human Rights Act 1993• Privacy Act 1990• UN conventions

Human rights and law enforcement• NZ Bill of Rights Act 1990 – case law• Crimes Act• Evidence Act• Search and Surveillance Bill

Independent oversight

• Protects against abuse of power• Protects against corruption and politicisation• Provides public accountability and

transparency• Increases police self-discipline• Builds trust and confidence

Oversight in New Zealand

• Police Complaints Authority established 1989

Oversight in New Zealand

• Police Complaints Authority established 1989

• Receives complaints alleging misconduct and neglect of duty, and practice, policy and procedure

• Investigates police actions involving death and serious bodily harm

• Has powers of recommendation

Oversight in New Zealand

• Initial Authority legally but not operationally independent

• Initially a review function• Changes recommended in 2000• Investigators appointed 2003

Towards operational independence

• 2007 Commission of Inquiry

Towards operational independence

• 2007 Commission of Inquiry• A new name and powers• Legislative changes

Independent investigation

• Less reviewing of Police files• Greater prioritisation• More investigative staff• Greater transparency

Independent investigation

• Fatal shootings by the Police• Sexual offending: Operation Austin• Pursuits• Deaths in custody

Independent investigation

• Conduct of searches• 15 October 2007 ‘terror raids’

Increased powers under discussion

• Enhanced powers of investigation• Power to prosecute• Enhanced independence

Monitoring of custody conditions

• UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment.

Changes within Police

• Code of Conduct• Policing Act

Our vision

Increased trust and confidence in Police

Whaia te pono, kia puawai ko te tika

Seek the truth, that justice may prevail