Legal patch-up fixes blunder over police oath

Police Minister Judith Collins introduced the fast-track police oaths amendment to Parliament yesterday. Photo / Mark Mitchell

A bungled law change means new police recruits in the past year have not been sworn in properly, and has cast doubt over their powers.

Legislation was rushed through Parliament last night to amend last year's Policing Act. It was supported by all parties, and passed all its stages under urgency in less than half an hour.

The Policing (Constable's Oaths Validation) Bill was a surprise introduction to the House by Minister of Police Judith Collins.

Its stated aim was to "remove any doubt about the validity of constabulary powers conferred on those police employees who took the constable's oath" since last October.

Under the Police Act 1958, a Justice of the Peace or a commissioned police officer - an inspector or higher - could administer the oath.

Under the new law, it must be administered by the Police Commissioner or a person authorised by him.

Police Minister Judith Collins said that although the new act came into force on October 1 last year, senior officers at the Police College had assumed they could administer oaths as they had before.

The police national manager of policy and legal services, Kevin Kelly, said the matter was a "technical issue", which was discovered during a "routine appointment process" in September.

The new officers had carried out their duties in a bona fide manner, and the passing of the bill "simply validates process followed when they took their oaths", Mr Kelly said.

It removed any doubt that those officers had the authority to perform their roles.

Mr Kelly said the amendment assured against any challenge that a constable who graduated between October last year and October 12 this year lacked lawful authority, because of the way the oath was administered.

Hundreds of officers are believed to be affected by the change.