Bill to validate police oaths passed

Published: 8:40PM Wednesday November 25, 2009 Source: NZPA

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  • Bill to validate police oaths passed (Source: ONE News)
    Source: ONE News

Parliament has closed a loophole which could have seen the latest batch of police recruits questioned about their police oaths.

The Policing (Constables' Oaths Validation) Bill was quickly passed on Wednesday night. All parties supported the bill and it passed all its stages under urgency in less than half an hour.

The bill was for the avoidance of doubt, and assured against any technical challenge that a constable - who graduated from the Royal New Zealand Police College between October 1 last year and October 12 this year - lacked lawful authority, because his or her oath of office was not properly administered, said police national manager of policy and legal services Kevin Kelly.

About 400 officers graduated in the period, he said.

Kelly said those officers carried out their duties in a bona fide manner, and the passing of the bill validated process followed when they took their oaths.

It was a very narrow question of law about the basis of the oath and did not mean the 400 officers were not properly qualified to go about their duties and perform arrests, he said.

Under the Police Act 1958, a Justice of the Peace or a commissioned officer of police could swear the oath.

However under the Policing Act 2008 the oath was required to be administered by the Police

Commissioner or a person specifically authorised by the commissioner.

The police oath is administered during the final part of a Police recruits training, prior to their graduation from the Royal New Zealand Police College.

"In September 2009 a routine appointment process highlighted the issue around the requirement for persons administering the police oath to be specifically authorised by the Commissioner," Kelly said.

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