Māori Status in New Zealand Law · Authority Ledger · Part 67 · Police

Who gives Police officers authority—and can a Minister direct an individual investigation?

The Policing Act constitutes New Zealand Police, provides for appointment of the Commissioner and constables, and expressly protects operational independence from ministerial direction in individual enforcement, investigation and prosecution decisions.

The Policing Act 2008 provides the institutional authority chain for New Zealand Police. It continues New Zealand Police, provides for appointment of the Commissioner and Deputy Commissioners, and states that a Police employee becomes a constable by taking the constable's oath.

Section 16 is critical. The Commissioner is responsible to the Minister for the overall functions, conduct and management of Police, but must act independently of Ministers in relation to maintaining order concerning particular people, enforcing the law against particular people, investigating and prosecuting offences, and individual Police employment decisions.

Political responsibility and operational control are deliberately separated.A Police Minister cannot lawfully command the Commissioner to arrest, investigate or prosecute a named individual merely because the Minister is politically responsible for the portfolio.

InstitutionNew Zealand Police under the Policing Act 2008.

CommissionerStatutory office appointed under the Act.

ConstablePolice employee becomes constable by taking the statutory oath.

Operational powersCome from the Policing Act and many other statutes, including the Search and Surveillance Act, Crimes Act and Land Transport Act.

A uniform or warrant card proves office; the actual coercive act still has to be authorised by the relevant policing power.

Primary statutePolicing Act 2008, especially ss 7, 12–17 and 22–31.

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