The New Zealand perspective on civilian oversight of policing

Speaker:
The Honourable Justice Lowell Goddard
New Zealand

Abstract:
In 1998, the New Zealand Government established a permanent independent body, known as the Police Complaints Authority. This was largely in response to public criticism over Police handling of complaints about alleged brutality to citizens during demonstrations opposing the 1981 Springbok tour of New Zealand. The New Zealand Police Complaints Authority was created by statute and from the outset was headed by a Judge. Its role was to better provide for the investigation and resolution of complaints against Police and to make recommendations where necessary, including that consideration be given by the Commissioner of Police to the institution of disciplinary or criminal proceedings against any member of Police.

Since its inception the Authority has undergone a metamorphosis, from a purely reviewing oversight role to a more robust and independent investigative model. To achieve this objective it has undertaken an internal restructuring and its work approach has been reformed. Its focus is now increasingly on independently investigating the most serious incidents and allegations about Police and it deploys its own investigation teams for that purpose. In addition, it has received enhanced legislative powers and has been renamed the Independent Police Conduct Authority. Further investigative powers and prosecutorial powers are in draft legislation.

This altered focus, away from merely reviewing Police investigations into complaints, towards actively investigating, was in response to public dissatisfaction over the apparent ineffectiveness and lack of transparency of the Authority’s work, brought to a head by its inability to enquire into serious historical police misconduct that came to public attention around 2000.

The Authority currently has a number of high profile investigations underway and is increasingly reporting publicly on its findings and recommendations. It has received support from the New Zealand Government in the form of increased resourcing and there is increasing public confidence in the robustness and openness of its work.

An important and exciting new dimension to the Authority’s work is the contribution it has recently made to help build international capacity in independent oversight of policing. This contribution recognises the importance of assisting in an understanding of integrity in policing to ensure that human rights are protected, particularly in developing nations and in situations where civilian police forces can become an instrument of political oppression.