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Policing (=?ISO-8859-1?Q?Constable=92s_Oaths_?=Validation) Amendment Bill (Consistent) [2009] NZBORARp 69 (16 November 2009)

New Zealand Bill of Rights Act Reports

Policing (=?ISO-8859-1?Q?Constable=92s_Oaths_?=Validation) Amendment Bill (Consistent) [2009] NZBORARp 69 (16 November 2009)

Last Updated: 28 April 2020

16 November 2009

_{ATTORNEY-GENERAL}

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

POLICING (CONSTABLE’S OATHS VALIDATION) AMENDMENT BILL

1. We have considered whether the Policing (Constable’s Oaths Validation) Amendment Bill (“the Bill”) is consistent with the New Zealand Bill of Rights Act

1990 (“Bill of Rights Act”). We understand that the Bill was considered by

Cabinet Domestic Policy Committee at its meeting on 28 October 2009. We received a copy of the Bill on 13 November 2009 and have therefore prepared this advice as a matter of urgency.

2. The Bill amends the Policing Act 2008 by inserting a new section 115A into that Act. New section 115A deems a Police employee or judicial officer who has administered the constable’s oath between 1 October 2008 and 12 October 2009 to have been authorised by the Commissioner of Police to administer the oath.

3. The Policing Act 2008 replaced the Police Act 1958, and came into force on 1

October 2008. At that time, anyone who previously had the authority to administer the constable’s oath under the Police Act 1958 was assumed to also

have authority under the Policing Act 2008. Subsequently, doubt has arisen

about whether the constable’s oaths administered between 1 October 2008 and

12 October 2009 were effective in conferring constabulary powers.

4. Constable’s oaths administered after 12 October 2009 have been administered by persons authorised under the Policing Act 2008. The purpose of the Bill is to remove any doubt about the validity of constabulary powers conferred on those Police employees who took the constable’s oath between 1 October 2008 and 12

October 2009.

5. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act

1990 in relation to the Policing (Constable’s Oaths Validation) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand

Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.