7. Police 7. POLICE. Summary

Transcription

1 7. Police Summary The New Zealand Police (Police) are responsible f the maintenance of law and der during an emergency. They may exercise special powers during a state of emergency, and will liaise with other agencies to ensure the most effective use of police resources. Contents The section contents are: 7.1 Principles of police involvement Role of police Police operations Police readiness arrangements Police response arrangements References and links...6 Annex 7.A Search warrant to enter premises and obtain infmation in urgent cases...7 Version 1.2 (10/06/2009) 7. POLICE p1

2 7.1 Principles of police involvement 22 Principles of police involvement Police (1) A civil defence emergency can create complex problems f the maintenance of law and der and the perfmance of standard police roles. (2) By virtue of their day-to-day role as co-dinats of emergency situations and their 24-hour availability, the police will frequently be required to accept the initial responsibility f co-dination of an emergency. (3) Police emergency plans provide f the smooth transfer of this responsibility to the appropriate lead agency once the agency is ready. (4) The following principles apply to police involvement: (a) the use of dinary police powers and special powers created by the declaration of a state of emergency is at the discretion of the police member in charge, subject to any direction given by the operation commander; and (b) any measures taken by anyone other than a police officer f the maintenance of law and der are to confm to any directions given by the police; and (c) when a state of emergency is imminent in fce the Commissioner of Police through the police national manager operations may arrange f reinfcements to be deployed from districts not directly affected (the police national manager operations will co-dinate inter-district movement of police personnel in consultation with the National Controller); and (d) police (i) have powers of compulsion under the Act when a state of emergency is in fce; and (ii) may also authise someone else to exercise any of these powers. (5) The powers of the police, including those in the Act, are summarised in The Guide. In addition to clause 22(4) of the National CDEM Plan, the following principles apply to the planning and employment of police measures during a state of emergency: the responsibility of the Police f law and der is not transferred modified by the declaration of a state of emergency under the CDEM Act 2002; Police officers continue to operate under police command and in accdance with police procedures. It is the responsibility of the Police to establish and maintain continuous liaison with Emergency Operation Centres (EOCs) and other elements of the civil defence emergency management response at all levels if a significant co-dinated response is required a state of emergency has been declared. 7.2 Role of police 23 Role of police (1) Police roles related to civil defence emergency management are (a) maintaining law and der; and (b) taking all measures within their power and authity to protect life and property and to assist the movement of rescue, medical, fire, and other essential services; and p2 7. POLICE Version 1.2 (10/06/2009)

3 (c) assisting the coner as required by the Coners Act 1988; and (d) co-dinating movement control over land, including communications and traffic control; and (e) conducting inland search and rescue. (2) To fulfil these roles, police may do the following: (a) represent, as required, the police at NCMC, and at CDEM Group EOCs, and (where resources permit) at other local civil defence ganisations; and (b) assist with the dissemination of warning messages; and (c) control access to and within an affected area so as to assist rescue, medical, fire, and other essential services; and (d) protect property and provide security of evacuated areas, including the establishment of cdons; and (e) conduct any initial evacuations to ensure protection of life; and (f) prevent and suppress disder; and (g) trace missing persons and notify their next of kin; and (h) suppt the coner as required by the Coners Act 1988, in close liaison with the Ministry of Justice and health authities. Note Plan clause 23(1)(c), 23(1)(h)), and 24(8) Coners Act 1988 was replaced with the Coners Act 2006, after the making of the National CDEM Plan Order Police operations 24 Police operations (1) District commanders in each New Zealand Police district maintain business continuity plans to ensure police functions can continue to be delivered during an emergency. (2) District commanders in each district maintain emergency plans that provide f police action to cope with any emergency where an extensive co-dinated response is necessary. (3) These plans (a) fm the basis f police action in a state of emergency; and (b) refer to and integrate with CDEM Group plans and may also recognise local plans. (4) Police emergency plans also provide f (a) the achievement of early control of the scene, the co-dination of the activities of essential services, and the facilitation of the preservation of life and the protection of property; and (b) the establishment of a New Zealand Police operations headquarters; and (c) the callout of sufficient personnel to meet police requirements; and (d) basic procedures f dealing with the event, including alerting and liaising with other emergency services; and (e) liaison at the appropriate level with other elements of the response and co-dination team. (5) To provide f inter-agency co-dination, police ensure that (a) the police national manager operations provides national co-dination through police channels on behalf of the Commissioner of Police and arranges f resource suppt when required; and Version 1.2 (10/06/2009) 7. POLICE p3

4 (b) the police district commander nominee will be the adviser to the CDEM Group controller under CDEM Group arrangements; and (c) police district commanders appoint advisers to local and group civil defence controllers as required; and (d) when appropriate, a police liaison officer is appointed to attend EOCs on a continuous basis; and (e) police communication centres exchange situation repts with EOCs. (6) Additionally, police liaise with CDEM Groups through arrangements made in group plans. (7) F the purpose of tracing casualties, evacuees, and missing persons, the police will recd details of the person inquiring and the person inquired about on an emergency reconciliation fm and promptly fward a copy of the completed fm to the nearest public inquiry centre. In a large-scale civil defence emergency, the New Zealand Red Cross may establish a national inquiry centre to help with the processing of inquiries. (8) Under the Coners Act 1988 police are obliged to notify the coner of any violent unnatural death that has occurred. The coner s role is to determine the identity of the dead person and the time, place, cause, and circumstances of death. The coner may also make recommendations comments that may help to reduce the occurrence of other deaths in similar circumstances. In the course of this role, the coner may authise a post mtem. The coner is also required to authise the disposal of the body. (9) As a general rule the police will accept overall responsibility f the recovery and identification of human remains in a state of emergency. Emergency mtuary facilities will be arranged as required. Police will liaise closely with the agencies and individuals involved because of the legal, mal, cultural, and health implications that can arise in the disposal of human remains. These agencies and individuals include the coner, iwi authities, health authities, funeral directs, and the regional councils and territial authities that have power to undertake the emergency disposal of the dead under section 85(1)(g) of the Act. (10) Police civil defence emergency management operations are summarised in The Guide Police readiness arrangements Police emergency plans The emergency plans maintained by District Commanders in each police district provide f and fm the basis f police action to cope with any emergency where an extensive co dinated response is necessary, and fm the basis f Police action in the event of a state of emergency. CDEM plans CDEM Group plans and local CDEM arrangements should cross-reference the appropriate sections of police emergency plans. Each CDEM Group plan is encouraged to include a sub-plan section dealing with law and der and incpate the following infmation: reference to police emergency plans; contact and liaison arrangements with the Police: pri to the declaration of a state of emergency (this may include police liaison with CDEM Groups befe an emergency); during a state of emergency (this may include arrangements f continuous police liaison at an EOC and contact arrangements with the Police District Commander, nominee). p4 7. POLICE Version 1.2 (10/06/2009)

5 7.3.2 Police response arrangements If it appears that a civil defence emergency has occurred, may occur, that requires a significant and co dinated response beyond that usual f the Police emergency services then the Police District Commander will arrange f liaison with the appropriate local CDEM Group Emergency Management Office EOC as soon as possible. If a local CDEM Group response to the emergency is established then the Police District Commander will notify the Commissioner of Police (National Manager Operations) immediately. A declaration of a state of local emergency may be made following the declaration process in the Group s CDEM plan. This process may include consultation with Police and emergency services, Local and Group Controllers, and the Emergency Management Office. Any request f a declaration of a state of local emergency, by the Police others, must go through the relevant CDEM Group processes. A declaration may only be made by the person(s) nominated in the CDEM Group plan. If a declaration of a state of local emergency is requested of a CDEM Group but is refused, the matter may be referred to the Office of Commissioner of Police (National Manager Operations) f resolution in consultation with the Group and the National Controller. While a state of emergency under the CDEM Act is in fce, the particular powers of Part 5 are available, as follows: Police powers conferred by warrant issued under the CDEM Act While a state of emergency is in fce, the Direct, a Controller, a person authised by a CDEM Group considers that an imminent threat of an emergency exists, the Police may be issued with a warrant by a District Court Judge (section 78(2) of the CDEM Act). The prescribed fm and content of the warrant are set out in section 79 of the CDEM Act. The powers conferred by the warrant are set out in sections 80 and 81 of the CDEM Act. The powers are to obtain infmation required urgently to prevent limit the extent of the emergency (section 78(2) of the CDEM Act). A warrant template is at Annex 7.A of this Guide. Powers of compulsion under the CDEM Act The CDEM Act confers certain powers on the Police and other authised persons during a state of emergency. These confer the authity to: evacuate any premises place, exclude persons vehicles from any premises place where such action is necessary f the preservation of human life (section 86 of the CDEM Act); enter, and if necessary, break into any premises place within the emergency area where it is believed on reasonable grounds that the action is necessary f saving life, preventing injury, rescuing and removing injured endangered persons permitting facilitating the carrying out of any urgent measures in respect of the relief of suffering distress (section 87 of the CDEM Act); totally partially restrict public access on any road public place (section 88 of the CDEM Act); remove any aircraft, hovercraft, ship ferry other vessel, vehicle impeding civil defence operations and where reasonably necessary f that purpose the use of fce breaking into any such aircraft, hovercraft, ship ferry other vessel, vehicle (section 89 of the CDEM Act); requisition a wide range of resources, where such action is urgently necessary f the preservation of human life (section 90 of the CDEM Act); Version 1.2 (10/06/2009) 7. POLICE p5

6 1. 2. direct any person to stop any activity that may cause substantially contribute to an emergency, request any person either verbally in writing to take any action to prevent limit the extent of the emergency (section 91 of the CDEM Act); examine, mark, seize, sample, secure, disinfect, destroy any property, animal, other thing in der to prevent limit the extent of the emergency (section 92 of the CDEM Act). Any member of the Police may authise someone else to exercise any of these powers, provided that the Police member believes the action is necessary f the reasons given in the legislation. Missing persons procedures Section 12, Welfare sets out responsibilities f setting up inquiry centres to facilitate the tracing of casualties, evacuees and missing persons resulting from a civil defence emergency. By virtue of the coverage provided by the Police throughout New Zealand, it is likely that enquiries to trace casualties, evacuees and missing persons will be received at police stations. The Police will recd details of the person enquiring and the person enquired f on a Disaster Reconciliation Fm (Police 59) and promptly fward a copy of the rept to the nearest inquiry centre (refer to Section 12, Welfare). 7.4 References and links Other sections of the Guide Other documents Section 12, Welfare New Zealand Police Manual of Best Practice, Volume One, chapters on: Planning and Command, Operational Headquarters, Operation Logistics, Emergencies, Exotic Disease, Disaster Victim Identification, Perimeter Control. p6 7. POLICE Version 1.2 (10/06/2009)

7 Annex 7.A. Search warrant to enter premises and obtain infmation in urgent cases Section 78, Civil Defence Emergency Management Act 2002 To *[ full name ], a member of the police *any member of the police *any class of members of the police I am satisfied on oath that- (a) (b) *a state of emergency is in fce in [ state New Zealand the name of the area of New Zealand, Civil Defence Emergency Management Group area, district, ward ] *the Direct under the Civil Defence Emergency Management Act 2002 considers that an imminent threat of an emergency exists in [ state New Zealand the name of the area of New Zealand, Civil Defence Emergency Management Group area, district, ward ] *a Controller under the Civil Defence Emergency Management Act 2002 considers that an imminent threat of an emergency exists in [ state New Zealand the name of the area of New Zealand, Civil Defence Emergency Management Group area, district, ward ] *a person authised by a Civil Defence Emergency Management Group considers that an imminent threat of an emergency exists in [ state New Zealand the name of the area of New Zealand, Civil Defence Emergency Management Group area, district, ward ]; and in on [ give particulars of the premises, not being a dwelling house ] there is infmation and- (i) (ii) the infmation is urgently required to prevent limit the extent of the emergency; and the person in possession of the infmation has refused to provide the infmation. *Delete if inapplicable. This warrant authises you, within 10 days from its date of issue,- (a) (b) (c) (d) to enter and search the premises stated above at any time by day night during the currency of the warrant; and to use any assistance that may be reasonable in the circumstances f the purposes of the entry and search; and to use any fce that is reasonable in the circumstances f the purposes of effecting entry, and f breaking open anything in on the premises searched; and to search f and seize infmation and, f that purpose,- (iii) to take copies extracts of any document; and (iv) to require any person who has a document in his her possession, under his her control, to reproduce, assist the person executing the warrant to reproduce, any infmation recded sted in the document in a usable fm. This warrant is issued subject to the following special conditions: [ set out any special conditions specified by the person issuing the warrant, if none, state None specified ]. Issued at [ place ], [ date ]. District Court Judge Version 1.2 (10/06/2009) 7. POLICE p7

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