New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Policing act 2008

Legal area

Court

28 Jul 2022

COMMISSIONER OF POLICE v NEW ZEALAND POLICE ASSOCIATION INCORPORATED [2022] NZCA 342

Citation

[2022] NZCA 342
Court

Court of Appeal

Section 65 is not a provision contrary to the Commissioner's powers as an employer under s18(4); s65 operates as an exception to the obligations in ss59 and 60 and does not by itself constrain the Commissioner's employer powers under s18(4), so to the extent generic rotational positions are otherwise lawful under s18(4) they are not required to comply with s65.
17 Sept 2021

DELIU v THE MINISTER OF POLICE [2021] NZHC 2458

Citation

[2021] NZHC 2458
Court

High Court

The applicant's request concerned investigation, prosecution and decisions about individual police officers which fall within s16(2) and are matters of Commissioner independence; therefore the Minister had no power to direct removal or reallocation and did not err or breach natural justice by declining or not replying further.
20 Mar 2013

EGAN V THE COMMISSIONER OF POLICE HC WN CIV-2012-485-000123

Citation

openlaw-421a8632_e9a9_41e9_8443_6ab60efd7565.pdf
Court

High Court

The RCC policy was intra vires s 18 of the Policing Act 2008 and not unreasonable; it legitimately provided a practical mechanism to confirm competency where records were deficient, did not conflict with s 28 promotion criteria, and the applicant’s ultra vires and unreasonableness challenges were clearly untenable therefore the judicial review proceeding was struck out.