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Home / New Zealand

<i>The Bazley Report:</i> Police code should deal with real-life problems, says lawyer

By Mike Houlahan
4 Apr, 2007 05:00 PM3 mins to read

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KEY POINTS:

The final version of a police code of conduct should be as clear-cut as possible, a leading employment lawyer says.

Police already have a draft code which has been accepted by their union, the Police Association.

The introduction of the code was delayed to allow a review of
the Police Act - the legislation which governs how the police are run - to be carried out.

However, the release on Tuesday of the much-anticipated Commission of Inquiry into police conduct report has accelerated plans to implement the code of conduct.

Police Minister Annette King has promised to introduce changes to police disciplinary regulations as soon as possible to enable the code to be enacted.

Wellington employment lawyer Peter Cullen said it would be better for police staff and administration that when the code of conduct was approved and put in place, for it to be as precise and direct as possible.

"I think you need to be clear," Mr Cullen said. "It would need to be worked through in terms of what was appropriate to prohibit and what not to. It's not easy, but it doesn't mean that it shouldn't be addressed.

"It's better that it is addressed and the lines are drawn now, rather than leaving up in the air," he added.

The draft code says its cornerstone is that all police employees will work to the highest ethical standard as a basic requirement. It will apply to all staff, consultants and contractors.

The code sets out 12 specific misconduct offences, including negligence, being unable to work due to drug or alcohol use, continual lateness, sending or storing offensive emails, and causing unreasonable distress to other people.

Serious misconduct, which could justify dismissal, includes falsifying documents, issuing an unauthorised permit or licence, being convicted of a crime which brings into question a person's suitability to serve in the police, and "any other behaviour deemed by the employer to constitute a serious misconduct".

"I think there's benefit in having a code of conduct that deals with real-life problems that occur so that employees know that certain conducts are specifically forbidden, and so that the code itself helps change the culture by expressly dealing with conduct that is troublesome," Mr Cullen said.

"That is quite common in employment conditions generally."

Police Association president Greg O'Connor said the final code of conduct should not be too detailed.

"The reality of it is that there will always be a grey area," he said.

"As soon as you finish writing it there will be a new situation that nobody has accounted for ...

"You've got to cover gay relationships. Is it ok for police to visit prostitutes - it's legal now. It's legal for everyone else to visit prostitutes, but is it inappropriate for police officers?

"Once you get down to that level of prescription, you are in country where you will find it very difficult."

Police needed more emphasis on better supervision of young staff joining the service to ensure they were given good guidance, Mr O'Connor said.

"When people are first joining the police, they are joining as citizens and it's a very liberal world out there."

Best behaviour

* Care taken to avoid any activities, both work and non-work related, that may in any way bring police into disrepute.

* Employees to avoid "oppressive, harassing or overbearing behaviour or conduct".

* Official and private information only released according to procedure and with permission.

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