Hiring and firing of police chief 'needs clarification'

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WELLINGTON - A new Police Act outlining the unique role of the Police Commissioner needs to be drawn up and passed as legislation, Police Minister George Hawkins has been told.

The call - in briefing papers to the minister - comes in the wake of a recommendation from Parliament's justice and law reform select committee late last year that suggested urgent clarification of how the commissioner is appointed and can be removed from office.

The commissioner can be hired or fired only by the Governor-General under section 3 of the Police Act 1958.

The commissioner's legal position has been under the microscope since an incident on November 27 when Wellington police stopped a car driven by Commissioner Peter Doone's partner, Robyn Johnstone, at 11 pm for not having its lights on.

It is alleged Ms Johnstone was not breath-tested and that Mr Doone exchanged pleasantries with a constable.

Prime Minister Helen Clark has been reviewing a report of the incident and has passed it on to Attorney-General Margaret Wilson and Solicitor-General John McGrath, QC, for legal advice.

She has said it would be hard to remove Mr Doone, as he is not subject to disciplinary proceedings under the Police Act.

The police briefing papers say provisions relating to the tenure and removal of the commissioner, as well as grounds for dismissal, should be discussed further.

The papers also suggest that the State Services Commissioner review the performance of the commissioner as he does of other chief executives.

"The role of the commissioner, both as chief constable and chief executive, must be recognised ... The commissioner's unique position ought to be reflected in the new legislation."

Other recommendations include:

* The commissioner should be under no greater legal restraint than other chief executives in the public arena.

* The commissioner's independence in enforcement of the law must be preserved. - NZPA