One of the basic tenets of our political system is that law enforcers should not be lawmakers.
This principle, referred to, as the “separation of powers,” was overlooked recently when a law change allowed police to remain serving on the force if they are elected to their local authority.
This means they can be helping to create by-laws for city councils and enforcing them as police officers on the streets.
Police Minister Judith Collins introduced the Bill to Parliament earlier this month. It was passed under urgency, bypassing normal Select Committee processes that would have allowed the public an opportunity to think through the ramifications of the law change and voice their thoughts.
She said the purpose of the Policing (Involvement in Local Authority Elections) Amendment Bill was to remove the existing legislative restrictions in the Policing Act 2008 relating to Police standing as candidates in local authority elections.
“This would enable all Police employees to stand in local authority elections without being placed on leave, and if elected, they would not need to vacate their employment with the New Zealand Police,” she said.
Some have argued in defence of the law that it was wrong to treat the police differently; and that other civil servants are allowed to contest for similar posts.
But the reason for the restriction is that police carry out unique and special work.
They are allowed to assume powers, not accorded to other citizens.
Similarly, Councillors make bylaws and are therefore in a significant position to shape their communities.
These two powers ought to remain separate.
It is not “anti-police” to hold this position. On the contrary, it is a position that takes the importance of the police and the authority that they carry seriously.
Some may argue there are practical measures that reduce the risks of one person holding both powers; for instance, Councillors who are on the police force can abstain from votes on by-laws.
But this is not the best alternative. The basic importance of the separation of powers calls for more.
-Maxim Institute
Photo : Should they ride the Councils too?
Police and the City Councils
What are the issues here?
The Police Act 1958 provided the framework for prohibiting Police employees from standing in local authority elections, but the additional step required (naming the relevant local authorities in regulations) was never taken.
Therefore, Police employees could take part in local authority elections, provided they obtained clearance for secondary employment, and their electioneering activities did not compromise their political neutrality as members of the Police.
When the Policing Act 2008 was enacted, there were five Police employees holding office as local councillors, as well as performing their policing duties.
The Policing Act 2008 introduced clear legislative restrictions on certain Police employees wishing to stand in local authority elections. Those restrictions, in sections 99 and 115 of the Policing Act 2008, set certain Police employees (constables, authorised officers, and supervisors) apart from other State servants, who were not prevented by legislation from serving as members of local authorities as secondary employment.
Under section 99 of the Policing Act 2008, if a Police constable, authorised officer, or supervisor wishes to be a candidate in a local authority election, he or she must be placed on leave for the purposes of his or her candidature.
If elected, he or she is treated as having vacated his or her position as a Police employee.
Under section 115, a constable, authorised officer, or supervisor who was a member of a local authority immediately before the Policing Act 2008 came into force does not have to vacate his or her position as a Police employee.
These Police employees can also stand for re-election without being placed on leave, provided they continue to be re-elected.
The Policing (Involvement in Local Authority Elections) Amendment Bill repeals the restrictions and ensures that all employees of the New Zealand Police are treated in the same way as other State servants.
