Officer Was Not "Allowed" To Resign

New Zealand Police National News Release

10 January 2008

Assertions that former Police Officer Steven Hales was "allowed" to resign inspite of being caught are wrong, the Police General the Police General Manager of Human Resources, Wayne Annan, said today.

"Former Constable Hales resigned five days before alleged inappropriate access of the National Intelligence Application was discovered.

"Nevertheless, under New Zealand employment law even if the alleged breaches had been discovered prior to the resignation being submitted it could not have been turned down.

"In addition, legislation requires any disciplinary processes to be concluded before a resignation takes effect.

"It is a commonly held fallacy that resignations can be with-held in order to keep an individual on an employer's books until they can be fully dealt with in a disciplinary sense. In reality the power of resignation rests with the employee no matter whom they are employed by.

"In February the new Code of Conduct regime will apply within Police. This will streamline disciplinary processes and enable many more matters to be dealt with on a performance management basis in timely fashion. The changes will not, however, impinge on the ability of any staff member to resign at any point.

"Monitoring of Police computer systems and attention to victims rights have been enhanced since the tabling of the Commission of Inquiry into Police Conduct which is why the case of former Officer Hales has come to light and action was taken by the Operation Austin team.

"Commissioner Broad has made it absolutely clear to all Police staff that the organisation is totally committed to implementing all of the recommendations of the Commission of Inquiry and we will do so in a way which is fair to all the parties involved," said Mr Annan.

ENDS

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