The Voice of Police VOLUME 39 • NUMBER 3 • APRIL 2006 What Canada can teach us about the gang problem POLICE PAY ROUND - 2006 Q TOUGH JOB – FAIR PAY Q THE POLICE OFFICER’S LOT Q THE PRIORITY ISSUES PoliceNews The Voice of Police NZ Police Association Police News is the magazine of the New Zealand Police Association and incorporates the New Zealand Police Journal first published in 1937. Editor: Steve Plowman April 2006, Vol. 39, No.3 ISSN 1175-9445 63 Deadline for next issue Tuesday, April 18, 2006. A CELEBRATION OF POLICING Published by the New Zealand Police Association P.O. Box 12344, Willbank House, 57 Willis Street, Wgtn. Phone: (04) 496 6800, Facsmile: (04) 471 1309 Email: [email protected] Website: www.policeassn.org.nz Printed by City Print Communications, Wgtn. Opinions expressed are not necessarily those of the Association. COPYRIGHT: NZPA Police News must not be reproduced in part or as a whole without the formal consent of the copyright holder - the New Zealand Police Association. Contents 66 “THREE PEOPLE CAN KEEP A SECRET IF TWO ARE DEAD” From the President Pay round 2006; Tough jog – fair pay 55 56/60 Government to redraft outdated Police Act 61 How your annual leave entitlement works 62 View from the Bottom (I Am Keen) 63 Dave Bowman “blown away” by support 64 Health Watch 65 Gangs – the lessons Canada can teach The changing face of NZ gangs 66/68 69 Taking the crim’s assets – the Criminal Proceeds and Instruments Bill 70 Gang members/associates outnumber police by nearly nine-to-one 71/72 74 Copper’s crossword 72 Hells Angels declared a criminal organisation 73 Sports News “AFTER YOU HIT THE WATER – START SWIMMING” Front page: Recent gang confrontations have again brought a focus on the problems gangs present to society. New Zealand, like Canada, disbanded some gang intelligence units several years ago. In Canada it resulted in all-out gang warfare. Then Canadian law enforcement agencies took a different and more successful approach and NZ is beginning to show signs of following suit. - Photos courtesy of Police NBCI. 54 April 2006 74/75 Keen on wine 76 Preparing for the good life (Spicers wealth management) 76 Age of criminal responsibility to be debated 77 Holiday home availability 77 Letters to the Editor Holidays Act variations find favour with 96% of Association members 78/80 Ne w Zealand Police Association for the changes arising from the introduction of a new Police Act. “The best recruiters will be existing police and if we believe we are well paid and fairly treated, they will recommend the job to family and friends.” Police Act rewrite will be watched with interest The announcement of a Police Act rewrite last month is something members should be watching with great interest. The Police Act is our cornerstone document, governing our very existence. The sort of ‘blank paper’ rewrite being contemplated has the potential to change much about the way we are employed, paid, and governed. The positive is that it is being done by Police and not by other government departments, unlike the 2001 Police Amendment Bill, which is fortunately now consigned to the legislative dustbin - where it always belonged. However, we should not be complacent about the fact that Police are designing the new act. Police is a political football, and everyone has an opinion on how we should be policing. We can never forget that we are first and foremost, the coercive arm of the state. Core business seemed to be forgotten when education and health reform was undertaken. We all saw what happened to education and health when the bureaucrats and politicians started meddling. Given these concerns, we must acknowledge that policing has and will continue to evolve and the legislation must reflect that. The Association will closely monitor, advise and most importantly, reality check the rewrite. Like all change, the likelihood of successful implementation is greatly enhanced if, to use a farming analogy, the beast (that is Police) is in improving condition. A good frost will knock a poorly conditioned animal around whereas one on the improve will survive a blizzard. This year’s pay round is a good opportunity to improve the condition of Police. The knocks of the last couple of years, with the Commission of Inquiry, Operation Insight, and the Comms debacle have left us reeling. We now have a new Minister and shortly a new Commissioner and a new Act. What better way to put the past 10 years of turmoil behind us than a good pay round settlement, which not only acknowledges our success in reducing crime and the road toll during that period, but also prepares us We need to recruit 2,500 new sworn police over the next three years to replace the 1500 per year we lose and of course, to fill the 1000 new positions. The best recruiters will be existing police and if we believe we are well paid and fairly treated, they will recommend the job to family and friends. This could be a very good time for Police if the right decisions are made in the next few months. We need be able to get on with the business of looking after the public in the knowledge that those looking after the back room are making well-informed and relevant decisions designed to achieve that. The Police Act rewrite must be an agenda free zone. If the cap fits This letter, written by Hillmorton resident D McMahon, recently appeared in The Press newspaper in Christchurch. We thought readers might enjoy the aptness of the sentiments expressed on behalf of a victim of crime. Sunday afternoon, nice day for a walk. Great day for you low-life to break the lock on Grandad’s car door and pinch Nana’s knitting bag. In the bag you’ll find a partly knitted beanie for Nana’s yet-to-be-born grandchild. It should fit your brainless head perfectly. Caption contest Try your hand at writing a caption for the photo above, taken recently during the celebration of 120 years of policing in New Zealand, and if your entry is judged the best then you’ll win a free night’s accommodation in a Police Welfare Fund holiday home. Entries close on Monday, April 17 and can be Emailed to the Editor at [email protected] or by sending your entry to “Caption Competition” c/- The Editor, Police News, P.O. Box 12344, Wellington. April 2006 55 PoliceNews The Voice of Police Police pay round begins: - Photo courtesy of the NZ Herald. Tough job – fair pay After three years absence, pay negotiations are back on the table and will be the dominant focus for the NZ Police Association over the next three months. There are clear pressures that have emerged within Police that must be addressed in this pay round. It will require the Government to gain a solid understanding of those pressures and a willingness to tackle them head-on. All too often governments have tended to allocate pay round funds prior to gaining a thorough understanding of the policing environment. What tends to happen then is a Pontius Pilate type approach where the government of the day washes its hands of any further responsibility, leaving it to Police management to make the outcome fit a predetermined budget. Policing is a tough job that requires fair pay. No right to strike The Police Act bars police officers from undertaking any form of industrial action, which would involve the full or partial withdrawl of labour. The absence of this right has been an ongoing bone of contention with many members who see it as a barrier to a serious engagement with government in addressing key pay concerns. The Police Association is hopeful that this government and Minister of Police, Annette King, will take an ongoing and active interest in the issues and outcomes of this pay round. Negotiations on the sworn and non-sworn collective agreements commenced on 4,5 and 6 April. The first days are generally focused on identifying issues of interest to the parties, sharing information that will improve everyone’s understanding of those issues and discussing 56 April 2006 their implications. The Police Association has a list of about 30 issues, which members have consistently brought to its attention over the past three years. Some are of a higher priority and will dominate proceedings whereas others could be described as “house keeping” changes. Major issues Within those 30 issues there are six ‘big ticket’ items, for which members have demanded action. Obviously an across the board salary increase of substance is one of them. Substantial increases in the standby allowance and the increase paid upon promotion are other key issues. A CIB rescue package is needed and the one time payment of Competency Service Increments (CSIs), to those at the top of their pay bands, needs to be reintroduced. Issues relating to the structure of the pay bands, including the TOIL (Time Off In Lieu) rule and overtime round off these issues. Members have strongly signalled their wish for shorter-term collective agreements – i.e. with a maximum of two years. Further negotiation periods are scheduled for 27, 28 April, 9-11May and 23-25 May. In between these dates a significant amount of work is undertaken by both parties in analysing and considering options which, in our case, will involve seeking feedback from our sworn and nonsworn consultative committee members. These members play a key role in guiding and advising the negotiating team by providing feedback from the wider membership. Ne w Zealand Police Association Negotiating team Brian (Skin) Frances - Christchurch Sue Nixon – Henderson The core negotiating team, which includes a combination of Police Association specialists and consultative committee members, is: Detective Sergeant Paul Merrett – Christchurch Detective Chris Moore - Wellington Constable Jared Cuff – Henderson Janet McColl – Invercargill Denise Tizard – Auckland City Detective Rick Rudolph – Tokoroa Greg O’Connor – President Detective Paul Davison – Hawera Chris Pentecost – National Secretary Other members of the Association’s sworn and non-sworn consultative committees are: Leeann Peden – Industrial Officer Chris Turner – Wellington Detective Sergeant Peter Jones – CountiesManukau Sergeant Grant Gerken – Invercargill Greg Fleming – Advocate Cheree Rastovich – Hamilton Gail Cato – Wanganui Negotiations are conducted with the assistance of a mediator and in the presence of an arbitrator who will only be called into action to decide matters if the parties reach a deadlock. Holidays Act variations ratified The Holidays Act was amended from 1 April 2004 to ensure that anyone who works on a public holiday is entitled to a minimum rate of time and a half. The Association sought to have this loading paid to members but Police declined, taking the view the existing comprehensive salary paid to members of Police already included a loading for public holidays. The matter went to the Employment Court in September 2005, culminating in a ruling (covering sworn members only) in our favour. However, as the court had indicated, there was already some provision in the comprehensive salary for working on public holidays and some further negotiation was required to establish the appropriate figure on which a half time additional loading was to be based. While the specific decision of the court applied to sworn members only, it did provide sufficient direction to be able to conclude a basis of payment of the loading for members covered by the non-sworn and Bands 1 and 2 collective agreements. Three variations The three variations provide for the payment of a loading at a half time extra for all time worked on a public holiday, calculated from the greater of either: • 88% of the member’s comprehensive salary or; • 88% of the member’s gross taxable earnings for the previous 12 months. A total of 92 separate ratification meetings were held at 73 different locations, including one meeting in the Solomon Islands. At these meetings members overwhelmingly (96%) supported the variations. The variations were effective from 1 April 2004. To avoid the administrative burden of making retrospective calculations, the loadings for all public holidays worked from that date until 30 April 2006 will be based on the greater of an individual’s comprehensive salary or 12 months gross taxable earnings as at 1 May 2006. Police are hoping the back pay to affected members will be paid in June, and members will receive a schedule outlining the back pay basis. Members who left Police after 1 April 2004 and believe they have a back pay entitlement should write to Police at: Attn: Payroll – Holidays Act Payment Office of the Commissioner PO Box 3017 Wellington • “I don’t know about you cobber, but this is thirsty work”…two police dogs take a well-earned rest from the recent celebrations in Wellington to mark the 50th anniversary of the Police Dog Section. - Photo courtesy of Wgtn Police Forensic Photography. April 2006 57 PoliceNews The Voice of Police “When constabulary duty’s to be done, the policeman’s lot is not a happy one.” - Sir W. S. Gilbert (1836-1911). Yes, the police officer’s job offers variety but not the kind that most people would enjoy or endure. There are, of course, the horrific road accidents to deal with – scraping bodies out of wrecks is not for the faint hearted. To the public at large the road statistics mean little – unless of course the knock is at your door. Then there’s the gut wrenching - quite literally - episodes in every police officer’s life (usually endured as a young constable) of having to recover a decomposing body. The smell of death is not easily washed away and the psychological effect can endure and interrupt one’s sleep when least expected. These things are not spoken about in polite company. Police officers often keep their own counsel. There are an abundance of violent offenders, mental health patients, drunks, the drug-crazed, demonstrators who bait you and spit in your face – the domestics that you know in the back of your mind can get you killed – as it has colleagues in the not-too-distant past. There are the gang members, the time wasters with their nuisance phone calls, burglars, rapists, child abusers – you name it – the police officer has to deal with them all – fairly and squarely, so Joe and Jill Public can sleep safe in their beds at night. The politicians make the laws. The public expects them to be upheld. And the man or woman doing just that, at the often-dirty coalface of justice, is the police officer. In 2006, what value will the government place on that? 58 April 2006 Ne w Zealand Police Association The police officer’s life The physical emotional and psychological stresses of being a police officer are well documented, even if people outside the policing environment often underestimate the effect of this stress. What is less understood is the impact of the scrutiny that police officers face, both in their professional and private lives. The actions of police oficers are subject to scrutiny; this is a necessary safeguard on the body that acts as the coercive arm of the state. That scrutiny takes many forms and can result in a police officer being challenged in the following forums: • defended hearing or trial in a criminal court; • Coronial inquest; • private criminal prosecution; • civil suit; • criminal complaint to Police; • disciplinary complaint directly through the officer’s Police District; • complaint to the Police Complaints Authority; • Ministerial complaint; and • complaint to the current Commission of Inquiry into Police Conduct. While some of these forums are available to receive complaints for other professions, the nature of policing means that police officers are both more vulnerable to complaints being made about them and are more likely to be adversely affected by the complaint process. History also shows that they are more likely to be the subject of vexacious complaints too. Why is it that police officers face these sorts of stresses in an already stressful working environment? Here are some of the factors involved: 1. Police officers are easily identifiable: There is a requirement for police officers to identify themselves to those that they deal with both operationally (identification to exercise statutory powers) and in the judicial process. Police officers remain in the community that they work in and cannot refuse to deal with people or situations that may place them or their families at personal risk (except in very extreme circumstances). In any smaller town, almost every resident knows the police officers’ names. Even in larger towns and cities the reality is that no police officer is anonymous. 2. Policing involves confrontations: While this may appear obvious it is worth further consideration. While police officers are entitled to exercise force on others in the execution of their duty, it’s misuse amounts to a criminal offence. This means that any complaint about an officer’s actions is, in actual fact, a criminal complaint. This is the way that it is handled by the Police, placing significant stress on the officer involved, regardless of the validity of the complaint. It should also be remembered that the incidents and issues that Police deal with are highly charged – the old saying is worth remembering: “No one calls the Police because they’re having a good day.” 3. Police officers deal with people that no one else wants to: Police officers routinely deal with criminals and psychiatrically disturbed people that are deemed too difficult or dangerous for anyone else to deal with. That is an everyday fact for all police officers. Unfortunately, the people officers deal with remember this long after the officer’s day’s work is done. Threats to police officers and their families are not uncommon, neither is the deliberate misuse of the complaint system by individuals in an effort to place pressure on officers. How far will people go? The Commission of Inquiry into Police Conduct has heard complaints going back up to 25 years from complainants that have been convicted of making false complaints against Police. 4. Policing makes the headlines: The subject matter of policing means that crime and the people linked to it are constantly in the news. That is to be expected – it sells newspapers and keeps television and radio stations in business. However, the tag “police officer” or even “former police officer” appears to promote any story far further than the same story in relation to Joe or Jill Public.This is a reflection of the importance society places on the position, but it also gives an indication of the pressure that is applied to individual officers. 5. Police officers are never ‘off duty’: Police officers are sworn into their role, which means that they have an obligation to respond to incidents that they see, even when they are off duty – whether this be on leave, with their family or when they’re returning home from an extended period of duty. Members of Police understand this, although they believe that the impact of it is significantly undervalued. For instance, an officer who has just finished duty may go home but be on standby for the next 15 hours, for which he or she is paid a standby allowance of between $8 and $10. The officer may be called back to duty any time during that period – which excludes the officer from having a social drink with family or friends and often has a significant restriction and impact on an officer’s private life and that of their family. The fact that officers are never off duty also affords members of the public the opportunity to make complaints about the private lives of police officers. 6. Police officers have less protection than any other civil servant: Despite police officers having the most confrontational and dangerous job in the public service - they have the least protection. Not only are they open to the complaints listed above but can also be individually sued by any member of the public as a result of incidents that arise during the execution of those duties. If this occurs police officers are the only public servant who will not be issued an indemnity by the Crown (the provision that protects all other public servants is found in the State Sector Act – this provision is specifically excluded from applying to members of Police in the Police Act). Found in Tekapo holiday home A diamond and sapphire gold ring has been found by a member while using the Tekapo holiday home in March. If this ring belongs to you contact Hornby Police on 3441 800. April 2006 59 PoliceNews The Voice of Police The Police pay round 2006 The priority issues 1. Salary adjustment This will be a matter for discussion during the course of negotiations, clearly there is a need for an adjustment that addresses a number of serious issues facing Police as an employer and individual members of Police. The NZ Police have been under significant pressure over the past three years due to staffing shortages and intense political, public and media scrutiny. The result is a Police service that is experiencing immense accountability and pressure, individually and as an organisation. Public credibility, as measured in various surveys, has fallen dramatically. Repairing the damage is a top priority for everyone from the Prime Minister to the newest constable. Pay will feature as a key factor in the rebuilding process. One thousand extra police over three years, plus another 1500 to cater for natural attrition, will severely test the relative attractiveness of policing as a career. The extra police are absolutely necessary but the risk is that if the pay package is not attractive enough then the quality of applicants will be reduced. The future supervisors and leaders of the NZ Police are sourced from within the recruits. Recruits who are not suitability equipped (skills and attributes) or screened (reputation) are a dormant risk to the organisation’s performance and reputation. The Police Association remains concerned about the lack of thought or research that has gone into the targeting of teenagers as recruits. Already 28% of the original trainees (18 to 21-year-olds) that graduated in December 2003 have left Police. This is nearly three times higher than the attrition rate for the three recruit wings that preceded them. The retention of existing police is vital as a bridge to ensuring that new graduates cope and have experienced support in the future. By 2009 around 35% of Police will have been recruited in the preceding three and a half years. In a policing environment this represents a huge organisational and operational risk if it is not properly managed. “Buying in” policing experience through overseas recruiting has limitations. At some stage, the salaries on offer to New Zealanders must be competitive to ensure Police attract the best candidates, and not just those who are suitable and meet the recruiters’ standards. In times of low unemployment, the Police, as a cornerstone arm of a democratic society, must stand out as a rewarding option both professionally and financially. Our current collective agreements provided for a final general adjustment of 2.5% in July last year at a time when newly settled collectives were achieving close to 5% on an annual basis. This more recent higher level of settlement reflected the buoyant economic conditions New Zealand experienced for a much longer than anticipated period. Conditions have eased somewhat but not to the extent that the need to address this anomaly is negated. 60 April 2006 2. One-time CSI payments at the top of bands The non-payment of a Competency Service Increment (CSI) as a one time payment once a member is at the top of a band is now affecting a larger number of sworn and non-sworn members. In 2003 it affected only a couple of hundred members, however, there are now 1200 members currently at the top and another 800 within one or two steps of it. Sworn members, who are still required to obtain competency levels (SSTT, PCT and first aid) should be in receipt of these payments to recognise this and maintain consistency with the approach subsequently taken in the Band One and Two Collective, where one-time payments are provided for. 3. Standby rates Standby rates remain inadequate and in no way reflect the imposition they place on members and their families. The restrictions in terms of lifestyle, socialising and travel need to be more appropriately compensated. The current 15-hour overnight rate equates to an hourly rate of 51 cents before tax or around 2% of the cost (based on a $50,000 salary) of having someone work the period involved. For the employer to be able to save 98% of what it would cost to have someone working by utilizing standby is far from equitable. The compensation rate has to move to a more realistic figure so as to address this anomaly, fairly compensate members and act as a suitable deterrent to managers unnecessarily placing members on standby. An indicator of the value/imposition of standby is best illustrated by section 59 of the Holidays Act, which provides for an alternative day of leave for a day of standby on a public holiday. While obviously not advocating for this to apply on other days, it does highlight the need to treat standby on days other than public holidays more fairly within the Police context. 4. Salary structure • dispense with TOIL rule and move toward earn-as-you-work overtime and penal time; • reduce the number of steps in scales; and • realign bottom of Band G. The Police Association and Police have increasingly acknowledged that the comprehensive approach to Police remuneration is under pressure and cannot be sustained in the medium to long term. Greater attention has focused on this in the wake of the half-time extra payments arising from the Holidays Act amendment. The collective sharing of overtime, penal loadings and shift allowances is becoming increasingly dated. Individuals are seeking immediate and personal reward for overtime or shifts worked. Members are also comparing their earnings to outside occupations. In particular, there has been a notable shift in the pay of skilled public service occupations with the teaching and nursing professions now very much in the playing field as far as remuneration and career options are concerned. We are now of the firm view that Police remuneration structures need to reflect those of virtually all other overseas police jurisdictions. The TOIL rule is a legacy of a past environment and we now need to adopt an “earn- as-you-work” approach. This will also provide government with a clear picture of the cost of homicides and special operations on the Police budget. With the injection of extra staff and the gradual reduction in overtime worked (as per official Police records) the Police are well placed to drop the TOIL rule and begin moving towards a paid overtime regime. A comparison of police salaries with those now received by nurses illustrates a massive slip in the value attached to the constable’s position. A nurse will soon earn a basic salary of $40,000 in the first year. Normal shift work loadings boost that figure to around $50,000. Overtime is additional. By comparison, a first year constable’s Total Remuneration (TR), which includes salary, shift, penal and overtime (up to six hours per week) loading and superannuation subsidy totals $48,224. A fifth year nurse will earn a basic salary of $54,000 plus at least a $2,500 (and up to $4,000) professional development allowance, which is added to the base salary and attracts overtime and penal rates. Consequently a fifth year nurse working shifts but no overtime could earn up to $70,000. The fifth year TR step for a constable is $52,901 and the top of Band G, achievable only after 20 years is $71,609 – neither compare particularly favourably. Superannuation in Police serves an important role as a deterrent to officers remaining in service longer than they physically or mentally should or succumbing to the temptations of graft and corruption. Superannuation plays a key role within Police and should be seen as distinct when comparisons with other occupations are made. The number of steps in the current pay scales is a regular source of friction and unnecessary comparison between members. With 21 steps (17 for bands H, I and J) anomalies, actual and perceived, linger due to the number of years it takes for members to move to the top. This severely tests members’ sense of fairness and equity. A reduction in the number of steps will be sought. The bottom of Band G doesn’t reflect the nature and demands of a constable’s duty. In undervaluing the pay of a constable we are undervaluing the work they perform. This artificial situation is best illustrated by the non-sworn member who can be paid $4,700 more at the bottom of their band G and be compensated for overtime on an hour-for-hour basis. Ne w Zealand Police Association 5. Increase on promotion The minimum increase on promotion of between 4% and 6% is failing to recognise the value of higher duties and responsibilities associated with promotion and immediately performed by members. There is clear evidence, especially in the main centres, that members are shunning promotion to sergeant and senior sergeant positions. In Auckland, sergeant vacancies, which have been opened up to unqualified applicants, and other positions are failing to attract suitable applicants. The recent Field Training Officer (FTO) variation reflected an attempt by management to fix one “promotion” problem. However, it was ill-advised and too narrow in focus. It has simply created a raft of additional inequities that will remain as a constant source of irritation to members as the pay increase does not compensate for the additional responsibilities and stress involved. Detectives will be lured back to section prior to promotion; Constables promoted to other sergeant positions, with just as much interaction with probationary constables (such as Prosecutions), are disadvantaged; members moving off section to gain broader experience prior to promotion miss out. The increase on promotion needs to have a noticeable impact on a member’s after- tax income. A 10 % minimum increase would more accurately reflect the current pay differential between the bands. By way of contrast, under the Nurses’ Collective, they are entitled to a higher duties payment equivalent to $5,590 p.a. 6. CIB rescue package • increase the incentive payments made to Detective Constables during their two years of training; • increase CIB practitioners’ allowance and introduce a rule whereby members who leave the CIB retain payment of the practitioners’ allowance for a period equivalent to their qualified CIB service. If qualified CIB service is five or more years then the practitioners’ allowance becomes a permanent allowance, irrespective of where their future service is; • introduce a senior detective designation at five years of qualified service as a detective; • formalise the CIB qualifications in the shape of a Diploma in Criminal Investigations; • introduce 10 hour shifts for CIB response units (Crime Squads or CIB staff attending jobs and working rosters); and • increase the study days for prerequisite exam and modules. The CIB needs to remain a viable and rewarding career option for constables. It is a key breeding ground for future leaders within Police but one, which is experiencing difficulty in convincing members that it is worth them making the effort to join. Changes are required to both the working environment and compensation regime. The CIB needs to remain attractive to all members, especially those who seek a healthy work-life balance. Skills acquired and honed during a member’s CIB career are invaluable to the wider organisation after detectives move on. Greater recognition of this widely acknowledged fact is now required. Government to redraft outdated Police Act; Police Amendment Bill (No.2) abandoned By Steve Plowman, Editor, Police News It’s taken more than four years but finally the government has listened to a long-term Police Association plea to abandon the contentious Police Amendment Bill (No. 2). Police Minister, Annette King, recently announced that the Bill would be abandoned in favour of “a comprehensive overhaul” of the outdated Police Act (1958). Police Association President, Greg O’Connor, welcomed the review, saying: “This is a victory for common sense. What is important in this process, at the end of the day, is that policing employment operates in a modern and fair framework and that the redrafted legislation protects police staff from political interference. That has not been the case in some overseas jurisdictions and that was the concern many had about the Police Amendment Bill No 2.” “If this is the sort of pragmatic decision we can come to expect of our new Minister then things bode well for policing as we move into a new era, especially with a pay round looming,” he added. Ill-fated Bill The Police Association engaged in a high profile campaign in late 2001 to have the Police Amendment Bill (No. 2) changed. The government was, at the time, looking to push the Bill through Parliament under urgency. Eventually, after much lobbying, key changes were agreed upon, although the fact that the Bill stalled meant that those changes never saw the light of day. The Police Amendment Bill No. 2 has languished at the bottom of the parliamentary Order Paper for several years. The Bill contained four key areas – bargaining, governance, appointments and discipline and the Association had grave concerns about several proposals, especially the clauses, which dealt with the limiting of future pay increases, transfers and disciplinary procedures. The now infamous clause (fa), dubbed “sweet (fa)” by many, sought to • Minister of introduce draconian Police Hon employment Annette King, restrictions upon police who has officers. promised a The Association comprehensive objected to the clause overhaul of the because it gave the Police Act 1958. impression of unfair inf luence in the arbitration process, being seen to favour Police over the Association. The Association argued that the clause was unacceptable in an environment which encouraged “good faith” bargaining. Gordon Anderson, Associate Professor of Commercial Law at Victoria University, described the contentious clause as follows: “It is hard to regard the use of legislation, not for the purposes of public policy but rather to indirectly impose Government pay restraints on one particular group of Crown employees, as anything other than a cynical abuse of legislative power.” Fresh start Ms King said the Police Act would be reviewed comprehensively to bring it up to date with modern legislation. “The current Police Act is nearly 50 years old and does not reflect changes to communities and Police practice over that time,” she said. Ms King said that a number of issues had arisen over the years, which would be considered in the review and subsequent redrafting of the legislation. These included: • • • • the principles of policing; governance arrangements for police; human resource management; creation of a code of conduct for all police staff; • more effective public input into national and local policing priorities; • maximum scope for flexibility in deploying police nationally and internationally; and • facilitating better use of forensic/ technological tools to aid crime prevention and investigation. The government has promised a wide consultation process, which is due to begin later this year. Greg O'Connor and Association Chief Executive, Chris Pentecost, have already had an advance briefing about the review project, and a commitment has been given to fully involve the Association in the process as it moves forward. New Bill by late 2007 The new Police Bill should be drafted by November 2007, according to government sources. The intention is that the Bill would then be taken through parliament in 2008. Other political parties have welcomed the changes. National Law and Order spokesman, Simon Power, said it presented the government with a “golden opportunity” to improve the working conditions of police officers while NZ First Law and order spokesman, Ron Mark, said the new legislation would be supported by NZ First “so long as it means better response to the community and that our police are better equipped to fight crime.” April 2006 61 PoliceNews The Voice of Police How your annual leave entitlement works By Amanda Craig, Police Association Industrial Officer Sworn members have 20 annual leave days, 11 statutory holidays and two Commissioner’s holidays. Non-sworn members have 15 annual leave days (20 after five years service), 11 statutory days and three Commissioner’s holidays. Two of the statutory holidays (ANZAC Day and Waitangi Day are not transferable (i.e., ‘Mondayised”) if they fall on a weekend and that day would not otherwise be a working day for that member. End of financial year Contrary to a popular misconception among members, the leave year does not revolve around the financial year. Each member has their own “leave year”, which starts from their anniversary date of joining Police. For example, if a member joined Police on 15 October 1999, their current annual leave year would be 15 October 2005 – 14 October 2006. When leave is managed the relevant dates are the leave year dates, not those of the financial year. Leave plans Police are required to manage annual leave so requesting members to have leave plans is reasonable. Leave plans should: • ensure members are able to take leave • ensure members are properly consulted about when they want to take their leave. Discussions about taking leave should be a two way street. • take operational requirements into account – both members and Police need to plan around this. For example, Police should not cancel leave at the last minute if an operation can occur on the member’s return or if someone else can take their place. Equally, members must be aware that operational requirements can impact on when they can take their leave; and • be flexible – members can allocate some days for taking the odd day or two off when they feel that they need to take a break. Also, members should be able to change their leave plans due to changed circumstances. The leave plan is a “living document” as changes may occur due to operational requirements or personal circumstances. Leave accumulation and directives Members can accumulate annual leave, but it must be covered in their leave plan. For example, members may wish to accumulate leave for an overseas trip, to visit family/ friends or to attend a sports tournament. However, only the District Commander can approve an annual leave balance over 66 days. If there is concern about a member’s leave balance, their supervisor should raise this with the member and a leave plan put in place. A direction should only occur when discussions with the member on taking annual leave are unsuccessful or the member fails to take annual leave as agreed without good reason. Members should not be directed to take leave if there is good reason why they could not adhere to their leave plan (e.g. operational requirements may mean annual leave is deferred or a planned family trip may have to be postponed due to illness). Members can be directed to take annual leave but only if: • Police and the member concerned have failed to reach agreement on the timing of that annual leave, and • that member has in accord with General Instruction L305 accumulated in excess of 33 days. Thus there is an underlying presumption that both parties have acted reasonably towards the other and that dispite this, a direction is nevertheless necessary. Public holidays Members can also be directed to take alternate holidays (Alternate holidays arise when a member works on a public holiday in accord with his or her employment agreement.) If: • 12 months has elapsed since the members entitlement arose; and • Police and the member have failed to reach agreement on the timing of taking that alternate holiday (again reasonableness applies to both parties) If a direction to take an alternate holiday is made, the member must be given 14 days notice of that direction. Please contact your local Field Officer or Association rep if you have any queries or concerns. Judge’s bail decision praised by police With booming prison musters causing flowon pressure on police and court cells, the decision by a Manukau District Court Judge David Harvey to refuse bail to a woman accused of drug trafficking will have been welcomed by police officers working to catch serious drug offenders. Judge Harvey refused bail for Marie Cristia, an Australian woman, who was caught recently with two men allegedly trying to traffic 500g of liquid cocaine through New Zealand in perfume bottles. Police opposed bail because Cristia had no ties to New Zealand and she was deemed a flight risk. Importation charges The 43-year-old is charged with importing cocaine, exporting cocaine and possession of cocaine for supply. Sydney-based Colombian brothers, Sergio and Dario Seugel, have also been charged in relation to the same case. 62 April 2006 Seven other people have disappeared on bail while facing serious drug charges. Jian Zhong Xie and Hong Quin Huang, both facing numerous drug importation charges, are believed to have fled the country – or be trying to do so, at time of writing. Xie fled after being granted bail in January and Huang, his wife, disappeared just before she was due to appear in court in February. They are jointly charged with allegedly importing enough pseudoephedrine to make up to $15 million worth of methamphetamine. In refusing bail to Cristia, Judge Harvey said: “I must confess that although she has no previous record or previous convictions, the lack of ties in this country and the possibility of flight risk in light of these serious charges is a matter of very serious concern.” The judge said that even with the forfeiture of the accused’s passport there were no gurantees that she could not still flee the country. “It does not take much to obtain the travel documents needed,” he said. Most people charged with serious drug crimes have their passport seized. Judge Harvey said he believed Police were asking the court to send a message that if there was a serious drug crime with flight risk, then bail should be refused. Stark contrast The case is in stark contrast to that of Tongan Commonwealth Games boxing representative Sitaveki Maka, who faced assault charges recently in Auckland District Court. Judge Michael Behrens granted Maka bail. The charges related to an alleged assault, which left two teenagers in hospital. Police opposed bail because Maka had already breached several of the conditions imposed relating to an earlier aggravated robbery charge. The decision left police officers involved in the case and the teenagers’ families shaking their heads in disbelief. Ne w Zealand Police Association This column is written by a frontline police officer. It does not represent the views or policies of the Police Association. Trooping the Colour The incredibles Absolutely unbelievable! I hear that instead of training frontline staff they are still looking after the back office. Talk about getting your priorities upside down. I mean when they are training driving instructors in ‘Bushmaster’ instead of the frontline boys and girls someone really needs their head read... not even a labotomy is an excuse for this one. Hopefully our new Commander-in-Chief will sort these types of anomalies out in the future when he or she is put into the ‘hot seat’ next month. A headache and a half Imagine having a good old fashioned fully paid ‘management jolly’ at a swanky winery to set directions for the coming year. Now we all know after such a great time away that we underlings will have no problem in applying for and getting any necessary items that are handy in our daily work. Handy things like duty jackets, torches and digital cameras are always useful in our line of work! If you set the standard then of course you are expected to live by it as you know all us constables look above us for the right direction! A slowing economy – yeah right! Aren’t you sick of hearing that excuse - I know I am. Word out of the castle in the HR office is that we are in for a real fight over a pay rise this July as they know our Association is looking to get us back on track and make this fantastic job even more attractive for those newcomers who are thinking about joining and us oldies who may be getting a bit worn out. • Uniformed police ‘troop the Colour’ on their march to Parliament to mark 120 years of policing in New Zealand. A pay rise to fairly reflect our efforts in and out of the office would be a great start. So boys and girls make sure we join arms on this one and watch out for that divide and conquer strategy that seems to raise its head about this time. Red and Black all the way Those lucky socks are still working and we are sure leading the way as the Super 14 gets going. The Black Caps are doing well against the Indies and two weeks sitting in front of the box watching the Commonwealth Games from across the ditch is certainly an option for this farm-boy as our team go up against the best. Keep up the great work team. See ya. Mystery substance fells three A Lansing, Michigan, man was jailed on assault charges after a prosecutor, police officer and courtroom bailiff became seriously ill after shaking hands with him. • The New Zealand Police flag proudly on display in Parliament grounds. Photos courtesy of Wellington Police Forensic Photography Associated Press reported that during a court appearance just prior to Christmas, John Ridgeway, who was facing traffic offence charges, pulled out a vial of liquid, rubbed his hands with the contents and insisted on shaking hands with the three people, authorities said. The history of the Trooping of the Colour: The ‘Trooping the Colour” ceremony has its genesis in medieval times. The heavy defensive armour of that era made recognition symbols essential, and flags or colours were necessary as rallying points for the horse and foot soldiers. All of them got sick within an hour, suffering from nausea, headaches, numbness and tingling that lasted about a day. Two sought treatment at a hospital. The FBI mounted an investigation as a result. One example of the historic importance of colours as the focus of loyalty to the Crown (and to the regiment) is the annual Trooping the Colour ceremony at Horse Guards Parade on the Queen’s official birthday, when The Queen as Colonel-in-Chief of each of the five regiments of Foot Guards takes the salute. Ridgeway, 41, told officials the vial contained olive oil, according to prosecutor Keith Kushion. He was not the prosecutor who fell ill. “I have never seen the likes of this,” Kushion said. “Nobody else has, either.” Ridgeway faces up to six years in prison if convicted. April 2006 63 PoliceNews The Voice of Police Houston officer who criticised pursuit policy files lawsuit The Houston police officer embroiled in a freedom of speech argument with the Houston Police Department (HPD) (Police News, March issue) recently filed a lawsuit against the department, contending his free speech and civil rights had been violated. The case was due to be heard as this issue went to press. • Dave, Zac, Penny and Daniel Bowman pictured at a fundaiser on the Kapiti Coast last year. Dave Bowman “blown away” by the support of his “Police family” By Steve Plowman, Editor, Police News A television documentary entitled “The million dollar tumour” aired on TV 3 on March 23 about former Police Recruit Instructor, Dave Bowman, and his fight with the disease Glioblastoma Multiforme (GBM), the most common form of malignant brain tumour. The experts say the disease is incurable but Dave Bowman is not one to take things lying down and he and wife Penny, who works for the Police Video Unit, formed an organisation called Head Start, which has lobbied vigorously to win treatment concessions on behalf of brain tumour patients. They recently won significant concessions on behalf of GBM sufferers, with Pharmac proposing that Temolozomide, which is used to stabilise the effects of the disease, would be funded for newly diagnosed Glioblastoma Multiforme patients who were undergoing radiotherapy. Funded access would also continue post-radiotherapy, for up to six cycles of treatment. Treatment with the drug costs $6,000 a month. But patients with recurrent glioblastoma would not qualify. This proposed access to Temozolomide for only newly diagnosed patients is at odds with Australia, Canada, the United States and the European Union, which have approved this drug for both groups, and the United Kingdom, which has approved it only for recurrent patients. The irony is that Dave Bowman would not qualify under this proposal. Fight continues Dave and Penny have vowed to continue the fight to have Pharmac change its policy to apply to all GBM sufferers. Dave told Police News that he had been “blown away” by the amazing response to his plight from police around the country, who have organised fundraisers and sports events to raise money for his ongoing treatment. The moving documentary followed a year in Dave and Penny’s life as they took on the New Zealand health system in the hope of finding a cure that could save his life and the lives of others. Dave Bowman is a man with a great sense of justice – perhaps not that surprising in a police officer - but he is also the quintessential Kiwi battler and even though he is aware he has a tremendous battle on his hands he told Police News he will continue to fight the disease on the one hand while also fighting for a better deal for GBM sufferers from a health system, which has effectively written them off, on the other. Dave and Penny’s website is www.headstart.org.nz 64 April 2006 Thomas Nixon had publicly criticised the department’s pursuit policy after being involved in a January 19 police chase in which an offender’s vehicle ploughed head-on into another car, containing two women and an infant, which resulted in one of the women receiving minor injuries. Desk duties In the federal lawsuit, Nixon, who had been assigned to desk duty, sought an immediate return to his duties as a patrol officer, according to a recent report The Houston Chronicle. Nixon, a patrol officer for 10 years, claimed his right to free speech had been violated by “a gag order” allegedly imposed by Police Chief Harold Hurtt. The lawsuit also asked US District Judge David Hittner to issue a temporary restraining order to force the HPD to allow Nixon to exercise his constitutional right to free speech. Police Chief Hurrt had issued a memo to all HPD officers last year stating that they “must refrain from criticising the department” in a manner that “undermines the effectiveness of the department” and interferes with discipline. Interim ruling In an interim ruling on some of the issues, Judge Hittner ruled in favour of the department, saying Nixon had to follow department orders that he refrain from making public statements questioning HPD procedures. Hittner also denied Nixon’s request to be reinstated to patrol duty. “I’m frustrated with the department,” said Chad Hoffman, Nixon’s attorney. The city is satisfied with Hittner’s ruling, said Craig Ferrell junior, the department’s administrative general counsel. Avoid the loan sharks… As a Police and Families Credit Union member you are SPECIAL and we want to help you achieve your financial goals. If you want to stop paying high bank and finance company interest rates, your Credit Union can help you do it by providing a revolving credit loan at an affordable interest rate, for whatever purpose you wish. Police and Families can approve loans and mortgages from $500 to $350,000 secured or unsecured. Unsecured loans up to a maximum of $10,000 are available. Police and Families normal lending criteria applies. Give our lending staff a call now on 0800 285 626 or contact a Member Services staff member on 0800 429 000 for a loan application, or apply online by going to www.policecu.org.nz and login to Internet Banking. Ne w Zealand Police Association Police Health Plan Ltd in conjunction with our Medical Advisors, Medilink, publishes articles on medical issues that affect our members. Pamper your inner person No, this doesn’t mean having a massage or some stress management. On a daily basis we are bombarded by the look and feel good messages. Mostly these messages are diet combined with exercise, the recipe for a healthy life. Every producer of a food commodity is jostling for a place in our daily life. Obesity, heart disease, hypertension, type-two diabetes, osteoporosis and some cancers demonstrate that the market messages are not being processed and consciously applied to our daily routine. As scientists gain more knowledge of diet and how our bodies work, it is increasingly obvious that our eating habits influence our well being and may increase our vulnerability to ill health. It has been said frequently that poor health is “in the genes”. We now know that genes can change – mutate – in some people, and this mutation may trigger ill health. The causes of genetic mutation are many and diet is thought to be a contributing factor. Our fuel What we eat provides energy for activity, both mental and physical, and helps to run, repair and maintain our bodies. fluids - especially clear fluids such as water and fruit juice - may be the trigger for bowel disease. The digestive system is our refinery and fuel line. It begins in the mouth and progresses through a series of hollow organs that process our dietary intake and dispose of the waste products. Common conditions of the colon are constipation, colitis (inflammation of the colon), Crohn’s disease, diverticular disease, irritable bowel syndrome and cancers. Refining can be a slow process, depending on the food type eaten. Food breakdown is assisted by enzymes, which are found in saliva in our mouths, and in our stomach and small bowel. Each segment of the digestive system has a specific function in the refining and absorption process. Diet and exercise Our bowel is divided into two sections, the small bowel and large bowel. The small bowel runs from the stomach to the caecum where it joins the large bowel. Divided into sections known as duodenum, ileum and jejunum, the small bowel is approximately six metres in length. This is the highly technical and complex part of the refinery. Its processes are at the hub of food digestion where partially processed food matter is refined to be absorbed as nutrients, water and salts. Large bowel The large bowel joins the small bowel at the caecum and consists of the colon and rectum. The colon is divided into sections, which sends its contents up, down or sideways (ascending, descending and transverse) depending on where it is in the journey through the abdominal cavity. It is approximately 1.5 metres in length and its primary function is to remove water from the waste matter. It also helps to absorb some vitamins, such as vitamin K. Though some diseases of the colon are influenced by age, family history and polyposis (the presence of polyps), diet also plays a significant role. Diets high in fat, low in fibre or deficient in Diet and exercise are our maintenance programs. We should ensure our food is lubricated by an adequate fluid intake, and that our every-day eating habits are low in fat and high in fibre. The main source of fibre in our diet is from plant foods, fruit, vegetables grains and seeds. Fats are needed but it is important to restrict their qunatity. The most common fasts are saturated and unsaturated. It is the saturated fats such as cholesterols that are the most damaging. Some of the sources of saturated fats are dairy products, meats, egg yolks and nuts. This group also includes processed foods such as chocolates, cakes, biscuits, processed meat products, snack foods and some energy bars. It is always important to read the contents labels on products. The fats we need in our diets are essential fatty acids. These provide energy and aid in the absorption of fat-soluble vitamins such as vitamains, A D E and K. Diet management is not easy and does require thought and planning and good habits. Lack of time and temptations forever present barriers but try for everything in moderation, as we are what we eat. If you require assistance and/or additional information please contact by Email: [email protected] or [email protected] © Medilink limited 2006 Bernie Bernon’s legacy lives on in Comms Retired police members will be saddened to learn of the death of retired member, Superintendent Bernie Bernon who passed away on 25th February in his 90th year. Bernie headed the Telecommunications Engineering Section at Police National Headquarters for many years. He brought a new meaning to the word “telecommunications” in Police, using his professional skills and expertise from previous government employment, both in the United Kingdom and New Zealand to the job. Superb job example of his dedication to making Police telecommunications more efficient and reliable was when he financed his own trip to Norway to evaluate the latest European control consoles that later became the standard equipment for the main New Zealand Police Operations Rooms. He will be remembered for the superb job he did planning and re-equipping all the main Police Communications Centres nationwide with modern control desks and reliable radio and telephone systems. An He built up a technical section comprising engineers and technicians who appreciated the high standards Bernie expected of them. His staff had a great respect for his professional engineering ability. His contribution to improved radio and telephone communications for the Police was enormous but because of the complexity of the engineering work it was not always recognised by police personnel at the time. We remember… Who passed away… BENON Bernard Aubrey 25-Feb-06 Retired member Titahi Bay TINDALL Annette Margaret 28-Feb-06 Member Whangarei FYFE Allan Matheson 1-Mar-06 Retired member Waihi HODGE Graeme Douglas 6-Mar-06 Retired member Wanganui DAVIES Herbert Edward 8-Mar-06 Retired member Whangamata KLEMRA Murray 18-Mar-06 Spouse of member New Plymouth BLINKHORN Garry 22-Mar-06 Retired member New Plymouth April 2006 65 PoliceNews The Voice of Police “If the road to Hell is paved with good intentions, in Canada it is also pitted with neglect, corruption and downright stupidity. The story of how the bikers conquered Canada’s crime world is a tale of how politicians dithered while overburdered and understaffed prosecutors burned out and lost major cases, how errors by certain judges and a tragically complacent justice system at times severely crippled attempts to convict bikers; how police bosses squabbled while a handful of dedicated cops worked for years to bring down the bikers; how a few brave citizens stood up to the bikers and how some of them paid for it with their lives.” - Julian Sher and William Marsden, authors of the book, “The Road to Hell”. The lessons Canada can teach about dealing to gangs/organised crime By Steve Plowman, Editor, Police News For more than a decade various Canadian police agencies have been battling to control the organised criminal activities of Outlaw Motorcycle Gangs. At first, it was the Rock Machine, the Outlaws and the Bandidos who held sway but gradually, over several years, the American-based Hells Angels began to infiltrate and ‘patch-over’ local smaller gangs in Quebec, Ontario and Montreal. The Hells Angels preferred takeovers to battles but they had contingency plans for both. What eventually resulted was all out gang warfare between the Hells Angels and their rivals, resulting in the deaths of 157 people over 10 years. During that time there were a further 167 attempted killings and 16 disappearances. By 1996, the gangs, emboldened by the fact that they seemed unstoppable, turned their attention on the police themselves. The Sudbury Police station was the subject of a bombing, effecting $130,000 of damage. A year later, the Hells Angels leadership masterminded a plan to hit at the heart of the justice system itself. A gang hit on prison guards Diane Lavigne and Pierre Rondeau left the two prison officers dead. By 1998, the Hells Angels had become so powerful that they were intimidating prosecutors, police officers, journalists, jurors and judges. Some police officers refused to work on cases associated with the gang, fearing gang repraisals against them and their families. In the main, the public remained blissfully ignorant of the OMCG war, apart from media reports telling of gang members and associates being killed by each other. But the spark that ignited a public and authority backlash came when shrapnel from a car bomb, which exploded outside a school in a Montreal suburb, killed 11-year-old Daniel Desrochers. The bomb had been planted under a jeep owned by Marc Dube, a drug dealer connected to the Hells Angels. . That killing sparked a shift in consciousness. Within two years a law known as Bill C95 was passed. The legislation meant: • it was illegal to be part of a criminal organisation; • a shift in Police focus from individuals to the entire organisation; • the formation of a special team of prosecutors called the Organised Crime Office (Bureau de Lutte au Crime Organize); and • police, Customs and other government organisations were formed into a single unit. In 2000 alone, 10 out of 49 homicides in Montreal were attributed to the biker war. But none of this had an immediate effect. In 2000 alone, 11 Hells Angels members or associates were killed or simply disappeared without trace. But even the loss of these members failed to deter the Angels from their ultimate goal – to take over the lucrative Canadian drug market. Their sole purpose was to wipe out all competition. Inadvertently, the Ontario Police assisted them as their operations focussed on Angels rivals such as the Bandidos and the Outlaws - effectively weakening their power bases, just as the Hells Angels were building theirs. Innocent victims Use of ‘puppet’ gangs Unfortunately, as with all wars, innocents were killed along the way – nine civilians died in the crossfire. Hells Angels Nomads used ‘puppet’ gangs, such as the Rockers, the Evil Ones and the ParaDice Riders, to do their intimidation, bombings In April 1999, Montreal police discovered bombs under five police stations. Luckily, all had faulty detonators. 66 April 2006 and retribution. These ‘puppet’ gangs, as they were known, paid a 10% tithe (of their monthly earnings) to the Hells Angels. The Hells Angels would collect the money at monthly meetings called ‘le messe’ – (in French) “the mass”. Gangs in Australia and New Zealand, operating in similar vein, are known to call their Sunday meetings “church”. Police News has learned of one gang leader who has been operating a tithing system (he calls it koha) over several methamphetamine dealers. In Canada, the Hells Angels made sure that they changed the venue for the meetings each month and only let the Rockers know the time of the meeting by delivering hotel business cards to them with the meeting time written on the back. More heat came down on the Hells Angels and the Rock Machine when 56-year-old Michel Auger, Quebec’s premier crime reporter and Editor of Le Journal de Montreal, was shot six times by an unknown assassin in what police believed to be a gang hit. Auger survived. A day before the shooting he had published articles about the gangs and links to the Mafia. Auger’s shooting sparked community outrage, with mass public protests and the public threatening to forcibly remove gang fortifications and forming human chains around various gang headquarters. The Rock Machine and Hells Angels called a truce. Wolverine breakthrough The anti-gang/organised crime unit, known as Wolverine, eventually made a major breakthrough with the discovery, after a lengthy surveillance operation, of $5.6 million in cash in an apartment. The apartment was being run as a bank for the Hells Angels. Further police operations in Ontario, Montreal and Quebec followed in 2001. These resulted in 128 arrests on charges ranging from weapons possession to murder. $500,000 in cash and $7.5 million in assets were seized as a result of Operations Ocean, Rush and Springtime. Ne w Zealand Police Association In Ontario, the PSS (Provincial Special Squad) was formed with 42 officers from 18 police agencies. By August 2002, the squad’s budget had been doubled and there were 108 officers on board. The squad was renamed as the BEU (Biker Enforcement Unit). Police successes The various police operations have resulted in so-called mega-trials, held in specially constructed courtrooms in Montreal, with the highest security. The first such trial was, however, an expensive disaster. It ended in July 2002 when the judge, Jean-Guy Boilard, quit because of a complaint filed against him by one of the defence lawyers after months of testimony. Quebec Superior Court judge, Pierre Beliveau, subsequently ordered a fresh trial. Several jurors stepped down from the case, alleging personal hardship. The cost to taxpayers was (Canadian) $2.5 million ($NZ2.73 million). In May 2002 one of the really big fish in the Hells Angels empire – Maurice (Mom) Boucher, 48, was convicted of two counts of first-degree murder and one count of attempted murder, arising out of the execution-style killing of two prison guards. Boucher was the leader of the Quebec Hells Angels Nomads. He received life imprisonment with a non-parole period of 25 years. Boucher has appealed the conviction. In March of last year nine members of the Hells Angels were convicted of 26 counts of gangsterism, drug trafficking and conspiracy to commit murder. But despite these apparent law enforcement successes, police insiders knew that the Angels were becoming stronger than ever – especially in Manitoba and British Columbia, as they patched over other gangs and escalated their infiltration of the postal service, telephone companies, motor vehicle licensing bureaus and police offices. In Vancouver and Halifax police discovered that the Angels had significantly infiltrated the waterfront, with many gang members working for port authorities as checkers on the containers, labourers, cleaners and crane operators. This allowed the Hells Angels to import large quantities of drugs through associations built up with foreign drug cartels. Police discovered that the Angels had developed an ingenious system of circumventing Customs checks by using counterfeit seals on containers. Obstruction Police also felt port authority bosses were obstructive of port authority police and eventually police bases were disbanded. In Halifax, a port police officer, Eric Mott, had been building a profile of gang members who worked on the waterfront. It had taken Mott 10 years of painstaking work and during this time he had identified 7,000 waterfront workers as persons of interest - 75% of them had criminal records. When the port authority closed the police base all of Mott’s files mysteriously disappeared – three drawers full. In Winnipeg the formation of an anti-gang squad coincided with an attempted bombing of the squad leader’s house. Her car was bombed in her driveway. The gangs were sending a message to the police that they weren’t about to go quietly. Manitoba Hells Angels Chapter President, Ernie Dew’s comments gave an insight into the more sophisticated, business-oriented thinking that was now driving the Hells Angels. “Back in the old days, nobody worked. Get out of the sixties guys; we’re not in the sixties anymore. Everybody’s well dressed. You don’t see hair down to your arse anymore. There’s a big change. We all get older and we all get wiser.” Hells Angels motto: “Three people can keep a secret if two are dead.” Outlaws motto: “God forgives, Outlaws don’t.” Bandidos motto: “We are the people that our parents warned us about.” - Photos courtesy of the West Australian Police. Battle lines drawn As the law enforcement agencies began to galvanise their investigations, so too did the Hells Angels. The Angels started a surveillance program on prison guards and police officers. They stole police laptops and the Rockers intercepted and recorded police radio ‘traffic’. The gangs obtained a list of police radio frequencies and built up a dossier of police officers’ names, addresses, car registrations and videoed and photographed individual officers. In yet another twist, the Angels in Montreal and further afield, employed ex-police officers as private investigators. Police discovered that one ex-cop was now working for the Rockers and was employed as the chief emissary to a Columbian drug cartel. In 2003, a former New York City police officer, Homero Zapata, 40, was sentenced to six years in jail for laundering as much as $4 million for Columbian cocaine dealers. He was initially arrested on a speeding charge on the interstate freeway but a search of his vehicle uncovered $200,000 in cash, which was found to have traces of cocaine on it. The Hells Angels had now become so powerful in the drug trafficking trade in Canada that their only serious rival was the Italian Mafia. Obviously weary of getting into a turf war with the Italians, the Hells Angels Nomads decided on a different, more business-like approach by setting up joint-interest business alliances with the Mafia. The Angels decided to consolidate their operations by implementing a price control system. In 2000 they formed La Table (or the Company) for the purpose of fixing the price of cocaine at $50,000 a kilogram. They tried to strike a deal with the Mafia, the other major importer of hard drugs into Canada. At the height of their operations the Angels were importing 250 kilograms of cocaine a week into Montreal alone. It comes down to budgets By now Police realised that the bird had almost flown. As one RCMP (Royal Canadian Mounted Police) officer put it: “They had better sources of income than us…it all boils down to your budget.” When arrested, not only could the Angels afford the best lawyers money could buy, in one instance they actually tried to buy the whole jury – offering a bribe of $100,000 each to jury members. The FBI estimates that the annual income of the Hells Angels’ worldwide operations is $1 billion. With this type of wealth at their disposal, the gangs are again in expansion mode, despite several high-profile convictions. But even so, police know that the war on the gangs and organised crime in Canada is only just beginning because for so long the gangs were largely left to their own devices, something which some New Zealand police officers say is a risk in this country with the downsizing of gang intelligence units over recent years. The Angels expansion into Canada has seen them displace the Los Bravos in Manitoba, the Rebels in Saskatchewan and the Grim Reapers in Alberta as the main gang in those jurisdictions. Ontario – a future battleground? Their traditional rivals, the Outlaws, are known to oppose the expansion of the Angels into Ontario and police fear gang warfare, similar to the 1990s, may again erupt. The Hells Angels biggest presence is now in Ontario – 40% of its members live there. The Para Dice Riders, Satan’s Choice and the Vagabonds are others with substantial interests in Ontario and police believe the three gangs have recently brokered a truce. But Ontario Police are concerned at a new development within the gang scene – saying April 2006 67 PoliceNews The Voice of Police there is evidence of a secondary alliance between the Hells Angels and Satan’s Choice. the identity of the informant they knew was in their midst. very much in danger of losing unless a significant sea-change takes place. There is evidence that old rivalries are being replaced by new alliances. The Bandidos and the Rock Machine have brokered such a deal in order to take on the might of the Hells Angels. There are those who naively believe that New Zealand gangs will eventually self-destruct through their exposure to meth and P (the more potent crystalised form of the drug) or that senior members may actively discourage their own offspring from following in their footsteps. But the reality is that for every gang member that leaves there are many disenfranchised and alienated youths ready to take up the colours. The Canadian approach of substantive cooperation between agencies such as Customs, Police, Justice, Health and financial agencies, backed by strong and meaningful legislation, is being adopted in other jurisdictions around the world, New Zealand among them. Outlaw Motorcycle gangs have become such huge criminal enterprises in Europe, America and Asia that they now rival the powerful South American drug cartels and established Mafia crime families. Organised crime, as such, is an amorphous term. Individuals, motorcycle gangs or transnational crime syndicates, can come under the umbrella term but no matter what form it takes, many are highly-organised criminal enterprises with budgets far outstripping those available to the Police. Law enforcement agencies in Canada have only now begun to put a dent in some of these networks through carefully administered interagency efforts, which have replaced the efforts of individual squads, or in some cases, just individual officers. Asset legislation as a tool Asset seizure legislation is just one tool in the law enforcement arsenal. But as quickly as governments enact asset seizure legislation, organised crime has found ways of circumventing it - by taking money offshore, leasing premises or laundering the money through legitimate businesses and trusts. Afterall, they can afford the best lawyers and accountants. In many police jurisdictions around the world the story is the same. Stretched policing resources have led to a climate of prioritised policing and a focus on volume crimes such as burglaries and thefts. The irony is that those same burglaries and thefts are often financing drug habits brought about by an enormous influx of illicit drugs. It’s a vicious cycle and law enforcement agencies the world over have learned that the best way to fight the problem is to adopt the same trans-national approach as the drug traffickers do. The arrests of major gang figures in Canada resulted from gang intelligence and good informants. The informant who single-handedly dealt the biggest blow to the Hells Angels was one of their own – a supergrass called Dany Kane, who felt undervalued by the Angels and yet became so trusted by the leadership that he was able to lead a double-life as a senior HA member and a RCMP (Royal Canadian Mounted Police) informant. Kane eventually committed suicide as the gang began to close in on learning 68 April 2006 The Canadian experience shows us that some gangs may not survive but their members usually merge into other more powerful entities. ‘Survival of the fittest’ is a well-worn code within the drug world. A new approach After years of hamstrung investigators, working largely on their own with very limited budgets, the fight back has begun in Canada through a combination of inter-agency co-operation, a merging of resources, and the dedication of teams whose sole working function in life is to put gangs/organised crime groups out of business. The war on gangs and organised crime has ebbed and flowed for decades. Like the socalled ‘war on terrorism’ it is a war without a foreseeable end. When the Canadians finally woke up to the fact that a new approach was needed to an old problem, it was almost too late. The Hells Angels, as one example, had such entrenched monopolies that their drug empire had the look of a seemingly inpenetrable fortress. If it hadn’t been for supergrass Dany Kane and the dedicated police officers who handled him, it may well have stayed that way. Legislation The Canadians have learned that putting a dent in such international criminal organisations needs the backing of cast-iron laws which take criminal’s assets and puts those involved in drug manufacture and trafficking out of circulation for very lengthy periods of time. Long enough that they never do business again. They are the first to tell you that it is no easy task. But for the good of society as a whole it is a battle that must be waged and won. The costs to society in terms of health care, justice, law enforcement and wrecked lives is a cost which no government or society can afford to bear. There are plenty of seasoned police officers with vast gang intelligence experience, both within the New Zealand Police and overseas, who say that this is a battle law enforcement agencies are The NBCI (National Bureau of Criminal Intelligence) has been in existence since 1972 and is a collaborative unit involving Customs, Police and the Ministry of Health. Over the last 18 months, the Ministry of Health has had a representative within the NDIB (National Drug Intelligence Bureau), even though they have maintained links with the bureau since 1972. The physical presence of all three agencies in the same office and the sharing of information and intelligence, which has resulted, has greatly improved the collaborative approach being adopted by the agencies to identify the cost burden which illicit drug use places on society. Buy-in from government needed With buy-in from future governments and proper resourcing, it could be the genesis for longer-term minimisation of the increasingly harmful part, which illicit drugs such as methamphetamine play in undermining the social fabric of society. It could also give the impetus to deal with the gangs themselves. In the USA, which now lists meth as its single biggest drug problem, Americans are beginning to count the drug’s huge cost on social services. A conservative estimate prepared for former US President, Bill Clinton, during his time in office, said that the cost to America was approximately $400 billion a year. A similar study in Australia three years ago, said that the cost to Australian taxpayers of illicit drugs was estimated at $1.7 billion. New Zealand is seeing the tip of the methamphetamine iceberg at present. If current trends continue along overseas lines, the New Zealand taxpayer will, in the nottoo-distant future, be picking up a very costly and significantly increased tab across a wide spectrum of government agencies as a result of the insidious spread of methamphetamine. And by and large we will have organised crime and their links to our gangs to thank for that. Sources: “The Road To Hell”, courtesy of Julian Sher and William Marsden; Police News sources within NZ and Canada; Canadian Broadcasting Corporation, Steve Tretheway (Arizona Department of Public Safety); Lieutenant Terry Katz (Criminal Intelligence Division, Maryland State Police); Detective Constable Charles Ennis (Vancouver, BC, Police Department). Ne w Zealand Police Association “The first thing to remember is that the organisation of crime is directed towards the accumulation of money and, with it, power. The possession of power that flows with great wealth is, to some people, an important matter in itself, but this is secondary to the prime aim of accumulating money.” – Frank Costigan, Australian QC. The changing face of New Zealand gangs Through the 1970’s and 80’s, violence amongst gangs peaked. Now we see the occasional turf dust-up – usually in a provincial town like Wanganui or Palmerston North. Drive-by shootings, stabbings, molotov cocktail attacks and assaults with baseball bats, crowbars and other weapons were all part of the gang arsenal as the Mongrel Mob and Black Power gangs squared off in turf wars in the streets of Porirua, Wairoa, South Auckland, Moerewa and Christchurch. That all changed in the late 1990’s when some gangs realised that such confrontations attracted the attention of Police - and that wasn’t good for ‘business’. Senior gang members in the Hells Angels, Highway 61 and the Head Hunters soon realised that it was better to do business together. A decade ago, eight OMCG gangs formed an alliance, which they dubbed The Federation. The formation of the Federation coincided with a police crackdown on the Road Knights after they were implicated in a drive-by shooting involving an attack on the Epitaph Riders. An innocent bystander was injured in that attack. The Federation was renamed the A-team, apparently at the behest of the Epitaph Riders. The A-team consists of the Outcasts, the Epitaph Riders, the Forty-Fives, the Southern Vikings, Satan’s Slaves, Sinn Fein, the Lost Breed and the Lone Legion gangs. Police sources say that such alliances are part of a deliberate plan to lower gang profiles and take their activities underground. Gangs are legitimising their wealth by buying into established mainstream businessess. Some of these businesses allow gangs to engage in money laundering while others, such as hotels, brothels and the trucking industry, give them easy access to potential clients for drug distribution. Associates within the transport industry afford the gangs/organised crime the opportunity to distribute nationwide with ease. Last year, a CVIU (Commercial Vehicle Investigation Unit)-Customs swoop on truck drivers in Auckland resulted in 33% of vehicles testing positive for the presence of drugs. A Customs drug dog was used in the operation. At a bike rally last year, patched gang members from a variety of gangs mixed freely together – something that would have been unheard of several years ago. $22 million seizure In May last year NSW, Queensland and South Australian Police arrested 20 members or associates of five different motorcycle gangs after uncovering a methamphetamine racket worth $22 million. Police alleged that members of the Rebels and Nomads gangs were working in conjunction with the Gypsy Jokers, Hells Angels and Finks. They said that the gangs had used insiders within the trucking industry to distribute methamphetamine. The relationship between the Finks and the Hells Angels has since deteriorated and they were involved in a violent confrontation on the Gold Coast a couple of weeks ago. Many gangs have almost moved entirely out of cannabis dealing into the much more lucrative ATS (amphetamine type substances) market is evidence of their ability to morph into new markets with ease. Well organised With high profit margins and vast sums of money at their disposal, gangs are using their wealth to become as well organised as the law enforcement agencies, which have traditionally given them the most grief. The Government is currently drafting asset forfeiture legislation, which it hopes will hit at the wealth of criminal enterprises. Police have welcomed the legislation as another tool in their fight against organised crime. The gangs and other organised criminal enterprises are smart – they have a year to find ways to circumvent these measures, and they will – because their very survival depends on it. Notable successes New Zealand Police have had some notable successes recently in gaining convictions against major gang players responsible for the manufacture and distribution of drugs. Last year’s Operation Soprano and the recent arrest of Black Power gang members in South Auckland on drug charges are evidence that Police can hit at the heart of the gangs drug dealing activities. But some officers, working within the gang environment, say Police could be doing “so much better” if there were more resources dedicated to gang intelligence nationwide. Others have said that the vast amounts of money being generated by dealing in amphetamines is also likely to lead to execution-style killings similar to that of a former Road Knights gang member in Christchurch last year. But they say that such events are generally isolated incidents and largely kept ‘in-house’ by gangs. Truce called Police News understands that last year in a Wellington suburb there was a meeting between various chapters of the Mongrel Mob and the Black Power, the purpose of which was to call a truce between the gangs in order to extend common ‘business’ interests. The Wellington meeting followed on from a meeting held in Hastings last year between more than 60 Black Power and Mongrel Mob gang bosses, which was billed as a “leadership seminar” aimed at burying decades of intense rivalry between the two gangs. Gang leaders said at the time that they were interested in providing their children with a better future than the one they had seen as a result of their gang affiliations but Police say there is little concrete evidence that entrenched criminal mindsets have changed. US based psychologist John Wareham was a guest speaker at the meeting as was Joseph Roberts, a counsellor at one of America’s largest prisons. • Mongrel Mob and Black Power members met last year in Hastings. The various chapters of both gangs in the Wellington area are believed to have a called an uneasy truce. - Photos courtesy of the NZ Herald. April 2006 69 PoliceNews The Voice of Police Taking the crim’s assets • acting independently in relation to decisions to investigate or take proceedings against any person with a view to forfeiture; The Criminal Proceeds and Instruments Bill sets out legislation, which is aimed at instituting a civil forfeiture regime designed to allow the High Court to order the restraint of assets where there is reasonable cause to believe that have been gained as the result of criminal activity. • the powers of search and seizure regarding evidence for the purposes of applying for profit or asset forfeiture orders; In amongst a raft of other bills its progress through Parliament has been stymied and it still awaits its first reading as this issue went to press. Initially the court is tasked with finding the civil standard of proof – i.e. based on the balance of probabilities – that the assets were obtained as a result of criminal acts. If the court finds that to be the case then it may order confiscation of the assets. In announcing the Bill, former Justice Minister, Phil Goff, said last year that the aim of the Bill is to “strip gangs of assets, seriously reducing the profitability of organised crime activities and disrupting the capacity of organised crime to finance further criminal activity”. Law to apply retrospectively The legislation will apply retrospectively to all assets and benefits derived from crime over the seven years preceding the legislation being enacted. The legislation will therefore not have to be in place for years before its effect is felt. Mr Goff said restrospectivity is appropriate in this case, and it is not inconsistent with the New Zealand Bill of Rights Act. The assets confiscated will have been found by the court not to be legally in the possession of those from whom they are seized. The policy objectives are: • to confiscate property from persons who have engaged in or profited from significant criminal activity; • to reduce the rewards from crime for the individual; • to reduce the attraction of crime for potential offenders; and • to reduce the resources that could potentially be used for criminal activity. Legislative powers The legislation will: • repeal the existing Proceeds of Crime Act 1991, which provides for confiscation of property only where the owner has been convicted of a criminal offence; • the Bill will provide for a convictionbased forfeiture regime limited to instruments of crime (items used to commit or facilitate the commission of predicate criminal activity) and a non70 April 2006 conviction-based confiscation regime to deal with all other property representing the proceeds of crime or assessed to be the value of a person's unlawfully derived income. The non-convictionbased regime or civil regime will operate completely independently of any criminal proceedings that may be in course or contemplated. Consequently, the same person may be the subject of both criminal prosecution (including potential forfeiture of instruments of crime) and confiscation action under the civil process; • the Bill will enable two types of confiscation orders to be made: one for the forfeiture of property to a specified value that represents the profits of significant criminal activity; the other for forfeiture of a specific asset or assets derived directly or indirectly from significant criminal activity; • there is also provision for a restraining order to be made to preserve property while the Crown is gathering evidence to support an application for forfeiture. The test for making a restraining order is that there is reasonable cause to believe that the property concerned falls within the scope of one of the types of forfeiture orders; • the Bill sets a threshold for these orders that the property concerned derives from "significant criminal activity", which is defined as either an offence punishable by at least five years imprisonment, or activity that has generated profits to a value of at least $30,000. The civil forfeiture orders are referred to in the Bill as profit forfeiture orders and asset forfeiture orders, respectively; and • there will be two types of forfeiture order – a “profit” forfeiture order and an “asset” forfeiture order. The former is directed against the person, the latter against property rather than the person. Recovery body Action to confiscate proceeds of crime under the civil regime will be the responsibility of a recovery body, being an agency designated for that purpose by the Attorney General. The Director will have wide ranging powers, including: • on obtaining a restraining order the Director of the recovery body will have the power (without further application to the court) to require the person who is the subject of the investigation, or whose property is suspected of being derived from crime, to produce documents or to answer questions; • the Director will also have the power to require any financial institution to produce documents on matters relevant to an investigation or proceedings once a restraining order is made. Other third parties will, however, only be obliged to produce documents relevant to an investigation if the Director obtains a court order for that purpose; and • the recovery body will be able to seek information from other government agencies in relation to persons under investigation. Particular safeguards are provided in relation to information that may be obtained from the Inland Revenue Department. Sentencing Act amendment The Bill consists of four parts. Part 4 (four) and amends the Sentencing Act 2002. It is intended that, at the Committee of the whole House stage, Part 4 will be divided from the rest of the Bill to become a separate Sentencing Amendment Bill. Other jurisdictions, in Australia, Ireland and the United Kingdom, have introduced legislation that enables criminal proceeds to be targeted without a conviction necessarily being obtained. These regimes are proving considerably more effective than previous laws in terms of the value of criminal proceeds confiscated. This Bill will introduce a similar approach in New Zealand. The Bill is modeled on legislation that has operated for many years in New South Wales. Mr Goff told Parliament last year that in 90 percent of cases where the NSW authority had seized assets on the basis of “reasonable cause to believe”, the criminals involved had surrendered the assets “without further taxpayer expense and without requiring the involvement in the court system”. Given the ability of gangs to infiltrate and intimidate those that oppose them the Police Association is opposed to any organisation other than Police being responsible for the operation of asset seizure. Ne w Zealand Police Association Gang members/associates outnumber sworn police by nearly nine-to-one By Steve Plowman, Editor, Police News • Efforts to ban gang patches, while well intentioned, may in fact aid some gang’s deliberate efforts to lower their public profile. Moves against gangs fraught with legal impediments The recent violent gang clash between the Hells Angels and Mongrel Mob in Wanganui, which resulted in Armed Offenders’ Squad raids on their respective headquarters and moves by the Wanganui City Council to outlaw the wearing of gang patches in certain parts of the city, also raised the old argument of whether gangs could be banned altogether. NZ First MP Ron Mark said that the gangs should be outlawed but Minister of Police, Annette King, has dismissed this suggestion, saying: “I do not believe it is feasible or possible to outlaw them. What we can do is ensure that they have the least possible impact on the community by good policing, community involvement, and the sorts of strategies that have been put in place. But to say that if we outlaw them by law, that will happen, is, I think, dreaming.” Efforts to outlaw gangs in the past have failed. Legal problems Non-association laws have been mooted but never passed due to legal arguments about an infringement of civil liberties and moves by the Christchurch City Council several years ago to outlaw gang fortifications also ran into legal problems. While the banning of gang fortifications under council bylaws and zoning restrictions might initially make it easier for Police to monitor gang activities, the gangs can get around this by relocating to areas where the zoning restrictions do not apply – such as rural and industrial locations. That’s why police officers and experts in the gang/ organised crime fields are going to welcome with open arms the passing of the Criminal Proceeds and Instruments Bill, which is currently being drafted. Wanganui mayor, Michael Laws, recently said that the Criminal Proceeds and Instruments Act, coupled with more police and tougher bylaws showed that “there is light at the end of the tunnel”. There will be plenty of people both in and outside Police hoping that he is right on the money. With nearly 6,000-patched members and an estimated 60,000 associates or ‘hangarounds’, ethnic, outlaw motorcycle (OMCGs) and youth gangs in New Zealand outnumber sworn police officers by nearly nine-to-one. The latest official figures from NZ Police show that there are 7,627 sworn officers. But in a trend that has come straight out of the USA, Canada and Europe some of the stronger New Zealand gangs are “patching over” smaller clubs. Patching over, as the name suggests, allows the stronger club to absorb the smaller club into its membership in return for the stronger club’s patch and a share of the smaller clubs earnings. Police sources indicate that as P has imploded on several New Zealand gangs, the stronger and much better organised gangs, such as the Hells Angels, have begun to actively patch over other gangs. Police News is aware of one lower North Island gang, decimated by P addiction, whose dayto-day activities are now falling under the control of a couple of other South Islandbased gangs Top overseas Police have told Police News that they view the modern day gangs in Europe, the USA, Canada and Australia as being as powerful as Italian mafia crime families in their heyday. OMCGs, like terrorist networks, cut across international borders. Many have set up chapters in Europe, Australia, South America and Africa that would rival the franchises of McDonalds, Burger King and Coca-Cola in their business structure and acumen. The major players Interpol has identified a trio of American gangs – the Hells Angels, Bandidos and the Outlaws as being the big international movers and shakers in the illicit drug trade. The Hells Angels have 1,800-patched members and several thousand associates spread over 22 countries. This trio have begun to patch over and take control of the smaller clubs in return for the sought-after Hells Angels, Bandidos or Outlaw patches. The smaller clubs then become known as “puppet” clubs. The Bandidos, rivals of the Hells Angels, have recently forged an alliance with the Rock Machine, which fought a bloody turf war with the Hells Angels several years ago. The USA-based Bandidos have links with the Highway 61 gang. Police sources say that the Head Hunters and the Hells Angels have brokered links in order to further their drug dealing interests. Internationally, the Hells Angels are known to have developed a close working relationship with Columbian drug cartels and La Cosa Nostra (the Italian Mafia). Large scale enterprises Despite significant operations by the Federal Bureau of Investigation (FBI), the US Drug Enforcement Agency (DEA), individual police forces and specialist anti-gang squads under the auspices of the RacketeerInfluenced and Corrupt Organisation (RICO) laws, law enforcement agencies, in the main, have merely dented the gang enterprises. Overseas gangs have responded by hiring high-powered attorneys who specialise in defending them against organised crime allegations. Many gangs have used the American court system to their own advantage by having lawyers serve multiple discovery motions, in order to delay proceedings on the one hand, and in an effort to gain information about witnesses or jury members on the other. Some have hired private investigators to gain information, such as the addresses of witnesses and jurors, which might otherwise be suppressed by the courts. The emphasis for today’s gangs is on being as covert as a Diplomatic Protection Squad officer’s vest. That’s why the gang stoush in Wanganui between the Mongrel Mob and Hells Angels will not have gone down well with the leadership of the Hells Angels in particular, because it has again raised their profile at a time when they have been working hard to lower it. However, the Wanganui Council’s ban on gang patches may inadvertently work to the Hells Angels advantage – giving members the perfect opportunity to once again lower their profile. Many senior members of gangs have given up their identifying patches and wear long sleeves in order to hide traditional gang Continued next page April 2006 71 PoliceNews The Voice of Police tattoos, so as to better blend in with mainstream society. Whereas in previous years many gang members were poorly educated, police believe that some of today’s gang members and associates are gaining degrees in business, computer science, finance and criminal justice/criminology. “Always do right - this will gratify some and astonish the rest.” - (Mark Twain 1835-1910) Education and infiltration The more sophisticated gangs know only too well the truth of the old maxim: “Knowledge is power” – and these subjects improve the gang’s expertise in highly profitable criminal enterprises. Education gang associates to entrench themselves in government positions (including the military) and other legitimate professions. These legitimate jobs give gang associates access to technology, weapons and other information where security records, motor vehicle files, personal data and police reports are maintained. Like traditional organised crime groups, the gangs (both ethnic and OMCGs) have made a concentrated effort to invest their illegal gains into legitimate businesses. With this more sophisticated approach by the gangs, ironically it is now the Police who face the threat of infiltration of their ranks. If, for instance, Police were to lower recruiting standards in order to make up for falling recruit numbers, then the risks of infiltration and corruption would increase exponentially. The conviction earlier last year of a Police IT worker for methamphetamine-related offences sent shockwaves through the Police administration when it was found the worker had high-level clearance to sensitive information. Last year an Auckland police officer was found guilty of supplying methamphetamine to associates after allegedly seizing point bags in a drug bust. He has since resigned. Another disturbing twist came last month when a Police Comms call taker was charged with helping David Dunn, a senior member of the Head Hunters, to avoid arrest. She was also charged with possession of a meth pipe. “The only thing necessary for evil to triumph is for good men to do nothing.” - (Edmund Burke, 1729-1797) “There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle.” - (Albert Einstein 1879-1955). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Resourcing and ring-fencing At the same time as OMCGs are forging links internationally; the NZ Police is stretched for resources to deal adequately with them because of the propensity to ‘ring-fence’ positions. Frontline police numbers, while due for a boost of 1000 sworn police officers over the next three years (250 of which have already been ring-fenced for community constable positions) are still thin in this area of crime prevention. The Police have recently moved to set up Organised Crime Units in some provincial centres. This may have a concertina effect on other resources, especially for the CIB. But in some areas gang intelligence units have been disbanded or downsized and the centralisation of police resources has had the effect of allowing the gangs to operate without much fear of attracting police attention, especially in provincial towns. There is still good work going through increased interdepartmental co-operation and this has resulted in some significant drug busts recently. But police officers working in the drug and gang intelligence areas say that more resources and tougher legislation, such as the Criminal Assets and Instruments Bill, cannot come soon enough. 72 April 2006 22 23 Clues: Across: 1. Shortened multiple units of electrical current (4) 3. Five Hundred siestas united to aid somebody (8) 9. Ed cried when winner found after last final game (7) 10. An amount of cannabis (7) 11. Critical food judges, coin sourness together (12) 13. Fifty reeds form wiser beings (6) 15. A sort of institution (6) 17. One who studies the origins of things (12) 20. A vain type of flu, perhaps for birds (6) 21. Unlit partial neon light, to trace detail (7) 22. Dessert I was opposed to (8) 23. Legge or ivory? Which ones does a burglar prefer? (4) March answers: Across: 1. Fame 3. Hung over 9. Rereads 10. Aired 11. Naturalising 13. Incite 15. Outage 17. Implications Down: 1. Cadet did something he was hooked on (8) 2. Type of nut (5) 4. Type of work illness (6) 5. AOS snipers scope will have the offender “.....” (2,4,6) 6. Spiral leaf of a plant ready to attach (7) 7. Edit the tide, or tied. Just lose weight. (4) 8. Puts off court hearings (12) 12. Hard-hitting cricketers perhaps? (8) 14. Dilates or mixed deltas I gave as particulars (7) 16. A clove in a wall recess (6) 18. Take with a warrant (5) 19. Free and in repair, initially (4) 20. Sires 21. Coroner 22. Assessed 23. Vend Down: 1. Forensic 2. Merit 4. Unsold 5. Glasscutter 6. Veranda 7. Ride 8. Hairstylists 12. Censored 14. Cameras 16. Icicle 18. Ounce 19. Asia Ne w Zealand Police Association Hells Angels declared a criminal organisation The conviction of two Ontario men for extortion against a Barrie businessman last year promises to have far reaching legal consequences as law enforcement agencies and the Hells Angels faceoff for legal warfare. In a precedent-setting move, Superior Court Judge Michelle Fuerst decided they acted “in association” with a criminal organisation: the Hells Angels. Federal organised-crime legislation (Bill C-95) was enacted in 2001, but the ruling marks the first time it has been used against the notorious motorcycle club. Quebec Hells Angels members have faced a similar charge of working for a criminal organisation, but not through the antigang law’s use. • The Hells Angels in NZ have close links to their gang ‘brothers’ in Australia, Europe, the USA and Canada. – Photo courtesy of West Australian Police The Church of the Angels? The Hells Angels in church? You must be joking! In an ironic twist to how the gang has an eye for the main chance, the Hells Angels in the USA are said to have set up their own church – the Church of the Angels. Police from Arizona’s Department of Public Safety and the Maryland-based Criminal Intelligence Division contend that such a church exists – at least on paper. The gang is said to be using the ‘church’ as a façade for gaining federal, local and state tax exemptions. Churches are exempt from paying income tax. The other spin-off for the gang is that by appointing gang members as “ministers” they will then gain privileged access to gang members in jail. The plan is so cunning you could pin a tail on it and call it a donkey. Links between religious symbolism and the gangs goes back to the formation of Outlaw Motorcyle Gangs back in the 1950s. Many gangs still refer to their meetings as “going to church” and many have “tithing” programmes similar to mainstream churches. The ‘church’ reference was because the meetings were traditionally held on a Sunday. Similar structures Both organisations are highly structured with male-dominated hierarchical leadership. Churches have services or masses – the gangs have rallies, runs or meets. Church ministers and priests often wear coloured vestments symbolising their authority – similarly, gang members wear patches and insignias – their ‘colours’. Some gang members have tattoos of the pentagram – a five-pointed star, which is regarded by many as having Satanic origins. In fact, it is symbol used by pagan religions for thousands of years and was revered by the Babylonians, the Celts and the early Greeks as having protective qualities, which helped ward off evil spirits. Incidentally, America’s highest honour, the Medal of Honour, is an inverted pentagram. Gangs are solidly linked to ritual and symbolism. Their colours, tattoos and other paraphernalia are largely stolen from ageold traditions – many of them with strong religious affiliations. And therein lies the real irony – religions have for centuries placed themselves as crusaders for good, how ironic then that gangs have seen fit to adopt the same religious symbolism. The ruling means that Ray Bonner, 31, and Steven (Tiger) Lindsay, 40, could face a maximum of an additional 14 years in prison, according to a report from Canadian news group CTV. Defence argument Defence lawyers attempted to argue that the Ontario Hells Angels have no relationship with the Quebec Hells Angels, but Fuerst concluded the two are part of the same criminal organisation. “It simply defies common sense that a group so deeply involved with crimes in Quebec would have any interest in establishing benign counterparts in a neighbouring province,” Fuerst said in her ruling. Bonner and Lindsay tried to exhort $75,000 from a Barrie man in 1992. By displaying the Hells Angels insignia, Fuerst concluded they used the organisation’s reputation for violence to help in their extortion. Law enforcement officials are calling the ruling a major step forward in the fight against organised crime. Significant ruling “The significance is that Judge Fuerst concludes that the Hells Angels, as it exists in Canada, constitutes a criminal organisation,” Ontario Provincial Police Detective Inspector Don Bell recently told The Globe newspaper. “This will be very good case law in future prosecutions,” he added. Steven Skurka, Lindsay’s lawyer, said he will continue to fight the ruling. “There is no doubt that the constitutionality of the anti-gang laws will ultimately be decided by the Supreme Court of Canada,” Skurka told The Globe. April 2006 73 POLICE COUNCIL OF SPORT To contact the Police Council of Sport, call Alison Murray at the RNZPC. Ph: (04) 238-3139 Fry and Coleman take honours at Police National Triathlon Brigit Fry (Open Women) and Sam Coleman (Open Men) were first home in their respective divisions of the Police National Triathlon held in Whakatane recently. Fry, who clocked an impressive 1 hour 3 minutes and 14 seconds, beat Claire Adkens (1.08.53) with Donalda Cromb, winner of the recent Wellington Police Triathlon Championship, home third in 1.12.10. Coleman, fresh from his success in the Wellington event, recorded 1.05.20 to beat Tim Mills (1.06.20) with Craig Thorne home third in 1.09.06. Wellington quinella The Masters Men’s division (35-plus) resulted in a Wellington quinella when Paul Baskett scorched through the course in 59 minutes and 37 seconds with Ben Cornelius second in 1.02.15, two minutes and four seconds in front of third placegetter, Ant Hay. The Veteran Men’s division (40-plus) saw a tight race with Glen Turner (1.01.18) winning from Craig Prior (1.01.55) with Glen Yule a meritorious third in 1.02.32. The Masters Women’s (35-plus) event saw Andrea Mather draw away to win comfortably in 1.04.10. Kerry Newton was a creditable second in 1.08.21 with Dorothy McPhail third in 1.12.36. The Veteran Women’s (40-plus) saw another comfrotable winner in Deidre Lack (1.05.01), who beat Helen MahonStroud (1.09.21) and Stephanie De Vere (1.09.21), who had a great duel to the finish line, into the minors. Good margin Martin Tunley won the Men’s Draft Horse (95 kgs plus) section in 1.12.56 from Alan Daley (1.15.07) with Neil Furlong third in 1.16.37. Dave Simes, Jason Andrews and Jason Pope, who recorded a time of 58.20, won the men’s team event. Nina Pedersen, Mihi Amoamo and Mandy Bell won the women’s team in 1.05.59. The mixed team winners were Yvonne Parker, George Wasterman and Mark Van Der Kley in 59.46. • Paul Baskett (Wellington) – first home in the Open Men’s race. • Mike Oxnam (left) provides commentary while Bruce Jenkins assists. • Deidre Lack (Te Puke) – first home in the Open Women’s race. • Here’s where you go – competitors at the pre-race briefing. Visit www.policeassn.org.nz for updated contact details for the Police Council of Sport management committee, District Sports Officers and the latest schedule of events. 74 April 2006 Ne w Zealand Police Association by Ricky Collins Licensed to make a killing • Jillian Hemingway receives the major spot prize from Bruce Jenkins. Discharge status: alive – but without my permission Hospitals are busy places and sometimes mistakes are made but we wonder what the writer was thinking when he/she penned these notes on the patient record charts. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. The patient refused an autopsy. The patient has no previous history of suicides. Patient has left white blood cells at another hospital. She has no rigours or shaking chills, but her husband states she was very hot in bed last night. Patient has chest pain if she lies on her left side for over a year. On the second day the knee was better, and on the third day it disappeared. The patient is tearful and crying constantly. She also appears to be depressed. The patient has been depressed since she began seeing me in 1993. Discharge status: Alive but without my permission. Healthy appearing decrepit 69-year old male, mentally alert but forgetful. Patient had waffles for breakfast and anorexia for lunch. She is numb from her toes down. While in ER, she was examined, x-rated and sent home. The skin was moist and dry. Occasional, constant infrequent headaches. Patient was alert and unresponsive. Rectal examination revealed a normal size thyroid. She stated that she had been constipated for most of her life, until she got a divorce. I saw your patient today, who is still under our car for physical therapy. Both breasts are equal and reactive to light and accommodation. Examination of genitalia reveals that he is circus sized. The lab test indicated abnormal lover function. Skin: somewhat pale but present. The pelvic exam will be done later on the floor. The patient has two teenage children but no other abnormalities. Correction In the March issue of Police News it was incorrectly stated that five positions had been advertised to create a Bay of Plenty Organised Crime Unit and that only one application had been received. What it should have said is that only one application had been received for the D/S position – which is one of three positions, the other two being detective positions. Bay of Plenty requested authorisation to advertise nationally for the detectives but was turned down. The D/S position was advertised nationally, the detectives’ positions by way of the district bullyboard. There were three applicants for the detective positions and the appointments have all been made. I get increasingly annoyed these days when I dine out. It seems many restaurant owners have left the selection of their wines to one wine distributor, and the pricing of the wines to their accountant. The result is that the wine list is not only unimaginative but also over-priced. When you have a look at who is involved in the wine industry, the share of profit is certainly not based on the risk-versus-return principle. At the front end, wine producers invest significant capital into producing a product that has all the risks associated with growing and harvesting a crop. The distributor invests heavily in holding, marketing and distributing stock, and provides credit to wholesalers and retailers. At the end of the chain though sits the restaurant owner, who by my reckoning makes a disproportionate profit on the wine they sell. While they have a return to make on the investment they’ve made in their business, they have virtually no risk with regard to the wine. Many restaurants are supplied wine on a single bottle replacement arrangement, which means they’re not holding huge stock, and the customer pays by cash or approved credit on the night. Restaurant pricing Many restaurants price their wines on the basis of either three times cost, or twice the recommended retail price. This will see them often get a return of 200% on the wine they sell. While I have no problem with this approach to wine sold by the glass, this level of margin seems excessive for wine sold by the bottle, as there is virtually no risk. Any wine that is faulty can be returned to the distributor for a credit. So what can we the consumer do about it? There are a few cafe and restaurant owners who are now taking a different approach to pricing their wine. They see increased turnover as a better option and set more realistic margins on their wine, with the aim of driving up patronage. Locally here in Dunedin, I know of two restaurants that also retail wine who take this approach. Rhubarb Cafe in Roslyn add $5 to their retail price if you wish to drink the wine on site, and Cableways Tavern and Restaurant in Kaikorai Valley add $3 to any bottle that you wish to take through from the bottle store to the dining room. They call this concept CYO (choose your own) rather than BYO. Why not look around and seek out cafes and restaurants that take a similar approach and give them your patronage. Better still, tell the restaurant owner that still puts a 200% profit margin on his wine that you are and why. Wine of the month Kirrihill Companions Shiraz 2002 RRP $15 For those of you who enjoy big, rich, larger than life Australian Shiraz, this wine is a must. This full-bodied wine has those familiar spicy plum and chocolate flavours, firm tannins and a lingering sweet finish. The extra age in the bottle has taken the edge off it, but left all of the flavours intact. It’s a great value for money wine that’s best enjoyed on its own, but if you insist on matching it to food, try it alongside a blood dripping chunky rump steak. April 2006 75 PoliceNews The Voice of Police Widow of slain officer sues cold remedy companies In a legal action, which if successful, could have widespread implications for drug companies, the widow of a slain American police officer has filed a wrongful death lawsuit against a number of large companies who make and/or sell pseudoephedrine. Linda Green claims in the Cotton County lawsuit that drug companies and suppliers including Pfizer, Wal-Mart, Walgreen, Dollar General and United Supermarkets - knew methamphetamine addicts were buying the drug to get high and not to treat a cold. She also charges makers knew how to make the pseudoephedrine tablets without allowing drug addicts to extract the ingredients needed to make methamphetamine. “The reason for filing this suit is to hold those people accountable for what they’ve done, not just to Nik Green and his family (but for) every other person in the United States who’s been impacted,” said Gary James, an Oklahoma City attorney representing Linda Green. The suit also names Ricky Ray Malone, who was convicted of murdering Oklahoma Highway Patrol trooper Nikky Joe Green. Malone was high on methamphetamine during the December 2003 shooting. A mobile methamphetamine lab was found in Malone’s car. No comment A spokesman for Walgreen said the company doesn’t comment on pending litigation. Dan Fogleman, a Wal-Mart spokesman, said the company implemented a voluntary sales limitation policy in February 1997 of over-thecounter cold products. “Wal-Mart supports efforts to curb the problem of methamphetamine,” he said. “This is an issue that affects the country, and we want to do our part to help.” Also named as defendants in the suit are Leiner Health Products, LNK International, Perrigo, Chain Drug Marketing Association, Good Neighbor Pharmacy and R&S Drug Stores. James said the stores were named because Malone purchased cold medications there. The suit states companies enjoyed increases in cold medication sales at the same time methamphetamine became popular. “However, instead of taking responsible steps to stop or alleviate the individual and societal damage caused by the illegal use of their products, the product dealers chose to increase production and sales to exploit profits created by the skewed demand for pseudoephedrine,” the suit states. James said the companies have made up to $60 billion in cold medication sales. 76 April 2006 Preparing to live the good life If you’re a baby boomer who is a bit daunted by the path ahead to retirement, take heart. You’re approaching retirement at a very exciting time. You are going to have more lifestyle options and new ways to fund your life after work, but you need to be smart and make the right decisions now (because making the wrong ones could really hurt later on). This is what you need to do: 1. Know what the good life means to you. Give your dreams flesh and bones because it will make it easier to make lots of other decisions. If you could see retirement as a beginning, what would you do? The average life expectancy for those born after 1960 has now hit 85. If you enjoyed good health and lived until then, where would you go and when? How would you fill your days? Who would you spend time with? Where do you want to live? Does your partner feel the same? Find out what they want to do. 2. Get pragmatic about money Realistically work out how much you expect to retire on, given the age at which you and your partner want to stop working full-time. Then ask yourself what sort of lifestyle you realistically need to achieve. What do you expect to be different between how you live today and how you will live when you give up working full time? Will there be a gap in the cost of your lifestyle in retirement compared to when you are working? If there is a gap, you need to get on to it, but don’t panic. Remember you’re part of a generation that has more options than ever before. Get some financial advice to check the numbers and work out the best options for you and your family going forward – but make sure it’s from someone who is qualified. Friends or someone you met at a barbecue don’t count! Think about the things you really want to do and what is important to you. Then start working on the numbers. 3. Look after your health (and your relationships) Both the quality and ever escalating cost of healthcare are becoming issues around the world. Do what you can now to promote better health later on – reduce weight if you know you need to, look at your diet and maintain a regular exercise programme. Divorce statistics have jumped significantly in this age group over the last decade. Do what it takes to look after the people you want to retire with, develop some interests and ensure you have a strong social network to retire into. 4. Remember the golden rules of wise investment - get good investment advice; - high returns come hand in hand with high risk. Likewise be very careful of tax avoidance schemes – always get independent advice from someone who is not promoting them; and - diversify your investments. 5. Be careful about lending your hard-earned money to friends and family. Emotion and money generally don’t go well together. If you’re in your 40s…you’re in a good position because you have more time to plan so don’t muck around, get in touch with a financial adviser. If you’re in your 50s…your goal needs to be to maximize your income and savings before retirement because the more money you’ve got, the more choices you will have. We’ve outlined what to do but to get down to the real nitty gritty of how to do it, see a professional financial adviser to work through the issues. It is invariably a case of “you don’t know what you don’t know”, but a good adviser will. As long as you have a definite plan tucked under one arm, go for gold and get ready to live the life you aspire to. To speak to a Spicers adviser about your situation, call the Police Financial Planning Enquiry Line on 0800 ON BEAT (0800 66 2328). Ne w Zealand Police Association Stop press: Vicious assaults on police officers As this issue went to press Police in Whakatane and Auckland were dealing with three vicious assaults on police officers. Eastern Bay of Plenty Police were looking for a patched Mongrel Mob member, Justin Raki, in relation to a serious assault on a police officer in Whakatane. A warrant has been issued for Raki’s arrest for aggravateed assault and escaping police custody. Raki is known to be P user. Routine stop Police News understands an officer was the victim of a serious assault after a routine road policing stop was instigated on a car containing two gang members. Three Auckland officers were also injured in two separate attacks. A constable had the tip of his right ring finger severed after a man, wanted for running a red light, allegedly attacked him and his partner. His partner received bruising and abrasions after being repeatedly kicked in the chest. It eventually took several officers to subdue the alleged assailant. The constable’s finger, which has been bitten off, was found at the scene but could not be reattached. Dog handler injured An Auckland dog handler and his dog were also injured after a man with outstanding arrest warrants allegedly attacked them with a hammer after attempting to flee. The dog handler suffered head injuries and his dog required surgery after being hit on the nose with the hammer. Police Association President, Greg O’Connor said: “These incidents are a reminder to us all that our core job involves dealing with dangerous people and that the focus must always be on providing as much protection and support as possible for our frontline officers.”. Age of criminal responsibility to be debated • The Police Pipe Band marks its 75th anniversary by entertaining Wellingtonians on the band’s march to Parliament recently, which coincided with the 120th anniversary of policing and the 50th anniversary of the Police Dog Section. - Photo courtesy of Wellington Police Forensic Photography. New Zealand First MP Ron Mark is thrilled that his Private Members’ Bill, which will seek to make the age of criminal responsibility 12 years of age, has been drawn from the ballot. He says it will ensure the issue of children committing a range of crimes will be seriously debated. The Bill proposes an extension to the range of offences, which can be heard by the Youth Court. Under current legislation, children cannot be prosecuted until they are 14 years of age, except for capital offences such as manslaughter and murder. Mark’s original Bill proposed lowering that age to 10, although he has softened his stance and will change that to 12. A condition in Labour’s support agreement with New Zealand First means it is required to support the Bill to the select committee stage but whether that support will be continued beyond that stage seems doubtful. Opposition parties have tentatively indicated they may support the Bill. HOLIDAY HOME AVAILABILITY – for bookings see: www.policeassn.org.nz April May June PAIHIA............................................ 10,25-26 .......................................................7-9, 15-17, 21-23, 27-29 ........................................4-6, 10-12,14-15, 20-30 STANMORE BAY ............................. 9-13, 17, 23 –27, 30 ......................................1-11, 14 –19, 21-25, 27-31.....................................1-10, 13-31 AUCKLAND .................................... Not available ..................................................1, 8-11, 14-16, 22-24, 28, 30-31 ............................1, 5-8, 11, 13-16,21-22, 25-27 WHANGAMATA ............................... 17-21, 27.......................................................3-4, 7-11, 15-18, 21- 25,28-31 ..............................1-3, 5-29 MT MAUNGANUI ............................ 9,13,28 ..........................................................1- 4, 7 –11, 14-18, 21-26,29-31 .............................1, 5-9, 11-16, 18-22, 24-30 OHOPE........................................... 10, 17, 30 ......................................................1-4, 8, 12, 14-18, 22- 31 .........................................1-30 ROTORUA ...................................... 12, 26-27, 30.................................................1-5,7-11, 14-17, 21-25, 28-31................................1, 5-7, 11-30 TAUPO ........................................... 10,27 .............................................................4, 7-9, 16-18, 21-25, 28-31 ....................................1, 5-30 TURANGI ........................................ 9-13, 25-30 ...................................................1-12, 14-25, 28-31 .................................................1-8, 11-29 NAPIER .......................................... 13, 30 ............................................................1-4, 7-8, 11, 17-18, 21-31 ......................................1, 5-29 PARAPARAUMU .............................. 7, 25,27, ........................................................2-4, 8-11, 14-18, 21-24, 29 ....................................1, 5-15, 18-22, 26-30 GREYTOWN.................................... 9-11, 13, 23-25 .............................................1-2, 4,7-8, 15-18, 21-23, 25, 28-31 ........................1, 6-8, 11-15, 18-22, 26-29 WELLINGTON ................................. 13,23,26-27 .................................................3-4, 8,10, 14,16,21-23, 28-29.................................1,5-8, 13-16,19-20,25-29 NELSON......................................... 11, ................................................................7-31 ........................................................................1, 5-30 HANMER SPRINGS ......................... 17-18, 20-21, 27 ...........................................2, 8-9, 14, 17-18, 21-23, 25-26, 29.........................13-15, 18-22, 25-27 CHRISTCHURCH ............................. 10, 30 ............................................................1-11, 14-15, 18-20, 24-25, 30-31 ...........................1, 7, 13, 15, 18-20, 22,28-29 TEKAPO ......................................... 8,12,30 ..........................................................3-4, 8-11,14,16-18,22-26, 28-31............................1, 5-8, 11-12, 18-23, 26-30 WANAKA ........................................ 10,24,30 ........................................................3-4, 7-19, 21, 24, 26-31 ..........................................1,5-7, 10-16, 18-20, 23-28 CROMWELL ................................... 30, .................................................................1-4, 7-9, 14-18, 21-25, 28-31 .................................1-6, 11-14, 18-22, QUEENSTOWN ............................... Not available ..................................................Not available ............................................................1, 9,11-12, TE ANAU ........................................ 9,12,1-29 ......................................................2-8,10-25, 27-31 ....................................................15-29 DUNEDIN ....................................... 11, 19-20, .....................................................1,4,7-10 17, 23, 25, 28-31 ......................................1, 5-28 April 2006 77 PoliceNews The Voice of Police Write it here! Letters to the Editor are welcome. Signed letters are preferred, but in all cases the writer’s name and address must be supplied. Names will be published unless there is a good reason for anonymity. The editor reserves the right to edit, abridge or decline letters without explanation. Email to: [email protected] or write it to the Editor at PO Box 12344, Wellington. Letters under 400 words are preferred. One chance at a first impression Theirs an old saying: “You get one chance to make a first impression.” My brother (not in the job) has the misfortune of residing in “Blues” territory. I currently reside in the land where a “Hurricane” is a gentle breeze, and an average weekend involves 36,000 people dressing in costume partying in a structure resembling a food container. My brother was recently the victim of a daytime weekend burglary. His wife lost $25,000 worth of very unique jewelry, most of which was purchased overseas. It was their first experience as victims of crime, and needless to say has had the flow on effects of stress, anxiety, anger and fear, for them both. He rang me shortly after the burglary, told me the details, and mentioned he had called the Police and was expecting a visit from them anytime soon. (Those of you from Auckland already know where this is going!). He had a full set of recent photos of the jewelry stored on a disc. I mentioned Auckland seem to be always chasing their tails so he may want to take his photos around the pawn shops himself. Any positive results from these inquiries are always greatly appreciated by the Police. Sometime later that day, he received a call from a member who took the full details over the phone and stated a form for insurance would be sent in the post. No mention of a scene examination, security advice, reassurance, potential inquiries the Police or he could carry out, what to do with photos, etc. Four days later he contacted me and mentioned the Police had not turned up and he was wondering what he should do? He had left disturbed items as they were. I made some checks. No one I spoke to in Auckland could find anything in the system. I thought this was strange as his neighbour was burgled on the same day, with even more stolen, and their address didn’t return any matches either. Eventually the files were found in a deep pile - four days after the event. If an offender had been tipped out during those four days and property located I guarantee nothing would have come of it. My brother is unimpressed by all this. I must say that I’m embarrassed that our organisation has been so ineffectual. I have no qualms with any of the staff involved on this job. The problem is obviously around staffing and I’ll always support boosting staff numbers in any district – as its obvious we are short-staffed everywhere! 78 April 2006 One big problem I have is with the ‘bright ideas’ some of the bosses have to be more efficient with less staff. Auckland, you will not be more efficient by taking 90% of your burglary complaints over the phone. (An Auckland member quoted this figure to me). New staff won’t develop and hone their skills if they don’t get to attend these basic jobs. Sure these jobs get monotonous but they are our bread and butter. Do them right, get the odd catch, learn to talk to people and ask the right questions, and you will develop the skills, instincts, and hunches etc that will flow onto any area of policing. Don’t learn these vital skills and you might as well be serving burgers at McDonalds. As any employment expert will tell you, if you spend more time doing it right then in turn you will have more time to do the right things. Using the Auckland method, burglars will get away with more and in turn you will have more burglaries, and eventually your burglary desks will need more staff. And where will they come from? No doubt off the street. Lance Kennedy (Wellington) Holiday homes and deja vu I couldn’t agree more with Graeme when he says that the units are extremely good value for money. Some members seem to have lost sight of the fact that the holiday homes are still about half the price of staying in a motel. So to those who abuse the privilege by not taking the time to think of others, who are also intent on enjoying their break away, can I say this: Let the moths out and spring for a few toilet rolls, the next guests might have had curry too. Tom Robbie (Wellington) Money, money, money! I am glad to hear that the Police Association has managed to secure a deal, which allows for time and a half on public holidays, but what concerns me is that we have become so used to being fed peanuts, that we think it is a good deal. Three years ago, when the pay round was seen as a resounding success for securing 2% and 2.5% annual increases, I was taken aback to think that most members I spoke to thought it was a good deal. I am taken aback even further considering inflation was 3% last year. It doesn’t take a mathematician to see that things aren’t adding up to a prosperous, rosy future. As a former Manager of the Police Welfare Fund, Graeme Rowe’s letter about the holiday homes (January/February Police News) brought both a sense of deja vu and amusement to me. I could ask the same old question about: “When is someone at the top going to see the light, that money is the key to staff retention, morale and recruiting”? But that doesn’t seem to have sparked an interest from anyone at the top in the past, so here it is in plain English: The issues he raised were all too familiar and are obviously as prevalent today as they were 20 years or more ago. One family I remember used six toilet rolls during a one-night stay – it must have been some curry! We need more money in the form of a decent pay increase to bring us back into line with the growing cost of inflation! We need more money to stem the mass exodus of experienced staff! Graeme’s letter reminded me of problems we had with the complaints books in the two Taupo units. The units were identical in every way and yet the book in unit two was always full of complaints while the book in unit one was, by comparison, spartan in terms of entries. So we took the complaints book from unit one and swapped it over with unit two by way of experiment – and strange as it may seem, that solved the problem. Even though there was a strict policy of no pets in the units one bloke decided he was above this rule and when the caretaker called he discovered the chap had set up a kids’ play pen, with the dog inside it – in the middle of the lounge! The issues around light bulbs, toilet rolls and all those other things that Graeme canvassed in his letter are obviously generational. At one time we took the complaints books out of the units solely because the pads kept getting nicked. We need more money to attract the right people into the job in the first place! You guessed it; we need more money in the form of penal rates for not only public holidays but overtime too! (Because a shift worker’s meal allowance just doesn’t cut it!). It is my hope that this year someone will lift their game at the negotiating table, so that we are not waiting three more years for postelection political power negotiations to give us a break! I see our brothers and sisters in South Australia and New South Wales just got a pay rise in the order of 20%. If the Association here isn’t up to the task of negotiating with the bosses then maybe we should bring in some ringers from Aussie to do our bidding. And my apologies to the keyboard for the overuse of the exclamation mark! Nick Bowie (Hamilton) Ne w Zealand Police Association Phone information Thanks for printing my letter in the October issue of Police News. However, it did not get the response that I was looking for. Why cannot a 101, or its equivalent, be taken over the phone, and a CAF (Complaint Acknowledgement Form) sent from there? If there are further inquiries to be made after the phone call, then these can be made in due course. The point that I was trying to make is that the incidents must be recorded some time and if the caller is told to come to the police station to report minor matters, then these will not be recorded, because the informant will not bother. If the cops can’t accept phoned information, why bother? But the incidents will still be occurring. A typical response is what happened to me recently. I called the local station to report a car that fitted the description of one wanted for offences in Paraparaumu. I gave the colour, registration number, and a description of the vehicle. I was first put on to Porirua Station and then on to Comms. The call taker in Comms was all ears until I asked her to do a QVR (Query Vehicle Registration). When she did this, she then lost interest, saying: “The car is not registered in this area, so it cannot be the one we are looking for.” I had to explain to her that cars do travel from area to area. Soon after this, I noticed that the car was no longer frequenting our area. I have no idea if the information that I supplied was passed on to the relevant section, probably not given the response I received. Do we not have cops on the phone in Comms now? Geoff Benge (Otaki) The value of the GSF pension I write to you about the benefits of belonging to the GSF (Government Superannuation Fund) and, in doing so, would like to endorse the comments of Trevor Tozer (Letters, December Police News). Like Trevor, I am also in my seventies. I have been receiving a retiring allowance or Police pension for 18 years now. The pension is portable. So, while I was residing in New Zealand, my pension was paid to me and I also received it when I lived in Queensland for 16 years. I did not have to pay tax on my quarter lump sum payments. Since retirement we have been grateful to receive our allowance every four weeks and my dual citizenship in both New Zealand and Australia does not affect my pension. Under current IRD (Inland Revenue Department) legislation, GSF allowances are not assessable for tax purposes. The pension also attracts cost of living adjustments. Should I die before my wife she will receive an annuity or pension, which is normally set at half the pension I am receiving at the time of my death. GSF pays this out. Police widows have told me that this half pension certainly helps. As far as I can tell the NZ Government guarantees my pension will be paid even if something goes wrong with the administration of the fund. I elected to join the GSF all those years ago and I have no regrets. We have learned to live within our income, but then, I was taught to be cautious with financial matters. I am thankful for the efforts of people like Bob Moodie (former Secretary of the NZ Police Association) as well as current President, Greg O’Connor, and all the Association’s support staff. and often records the names of those who died prematurely after retirement. Therefore, they have not received their TR packages as they have not received the Commissioner’s contribution. At the time of retirement, we constables had pay parity with backbench MPs. For nine years under the National Government we did not get any pay increases yet those on higher salaries continued to get their CPI (Cost Price Index) adjustments. We constables now earn about 50% less than a backbench MP. Those of higher rank at time of retirement get a pension based upon an average of their last five years of service so would find that their pension provides a good standard of living. However, a retired commissioned officer, who dies prematurely after retirement, would therefore have been denied an even greater portion of his/her TR package. I think a lot of members capitalise their super to ensure that they get their hands on what is their savings. A number of members stay on after 55 years and capitalise because they cannot receive their pension entitlement and remain working. John Fittock (Christchurch) Look local and be open minded Berny Bowerman (Waihi) Superannuation and the value of hindsight I was interested in the letters from Trevor Tozer and Bob Silk in recent issues of Police News concerning superannuation and what they said makes sense. However, I think both may have retired prior to the arbitrary 30% reduction implemented by then Minister of Police, Richard Prebble. I still think that what he did was a breach of the NZ Bill of Rights Act (1990) section 27 – which pertains to The Right to the Observance of the Principles of Natural Justice – and that a sound civil case could be proved. Superannuation in New Zealand is treated as “savings” and not “earnings”. The 1998 pay round decision, which went to final offer arbitration, was that the Commissioner’s contribution forms part of your TR (Total Remuneration) package. Every publication lists an obituary column As I read the Police News, March 2006, I am sure I could be excused for thinking that I was reading more of the same. There were, however, a couple of small differences; amazingly Greg O’Connor wasn’t hammering on about drugs in the gospel according to the President. That topic was well and truly discussed, as usual, later in the magazine, and two past members were rightly given the recognition they deserved. After reading about the late Paddy Darroch and John Hughes I continued trolling my way through the “Voice of Police”. It struck me that there seemed to be a disproportionate amount of American-based news articles. This prompted a quick count up only to find 11 USA-related articles. I asked myself the question; is the New Zealand Police Association so short of news, or the ability to report it, we have to fill our communication with voluminous amounts of clap trap from the USA? Useful Information & Contacts Association and Police Welfare Fund: Immediate industrial & legal advice 0800 TEN NINE (0800 836 6463) (only for matters that cannot be deferred such as Police shootings, fatal pursuits or deaths in custody). Police Network Freephone Police Health Plan/Staffpac Insurance Quotes & information or Fax Staffpac claims All enquiries Vice Presidents 0800 500 122 (04) 496 6819 0800 110 088 (04) 496 6800 Website Police Home Loans Police Credit Union Credit Union GSF information PSS information www.policeassn.org.nz 0800 800 808 0800 429 000 or (04) 472 9645 www.policecu.org.nz 0800 654 731 0800 777 243 Regional Directors Stuart Mills Richard Middleton (027) 268 9416 (027) 268 9411 Field Officers Northland and Auckland Districts: Waikato, BOP and Eastern Districts: Central and Wellington Districts: Tasman, Canterbury and Southern Districts: 44446 0800 500 122 Stewart Mills Eric Newman JJ Taylor Dave McKirdy (027) 268 9407 (027) 268 9408 (027) 268 9409 (027) 268 9410 Region One Region Two Region Three Region Four Region Five Region Six Region Seven Steve Hawkins Mark Leys Mel Ridley Chris Cahill Ron Lek Craig Prior Dave Steel Whangaparoa Papatoetoe Tauranga Napier Wellington Sumner North Dunedin (027) 268 9419 (027) 268 9413 (027) 268 9414 (027) 268 9415 (027) 268 9417 (027) 268 9412 (027) 268 9418 April 2006 79 PoliceNews The Voice of Police Do we care if the Gwinett Sheriff has a restored armoured command vehicle or the County Sheriff’s Office has returned property after 29 years? I know these are what the media gurus call “public interest” stories and one or two per edition may be quite acceptable. When you get to the number we are presented with, it would seem, in my humble opinion, that the Editor is short of material therefore takes the short cut. This “Voice of Police” would appear to be domiciled in some far off shore. Rather than offer just the standard “Association moan” here is some constructive feedback. Things that I, and other like thinking members have spoken about and would like to see in the “Voice of the Police”; more on industrial issues, a wider range of crime matters discussed apart from just drugs, how police can do a better job with what we have, responsibilities of members as well as the organisation, what projects the Association working on at present and possibly some editorials on local issues. One final thought - Greg (President) and Steve (Editor), yes we all agree drugs are an issue and need addressing, along with lots of other crime types, but sometimes it takes someone from outside the inner workings of the publication to point out that each issue appears now to be more of the same, drugs and the USA Police. Pat Tasker (Eastern Bay of Plenty) Thanks for your letter Pat. As you will be aware, many industrial issues can’t be published due to their sensitive/confidential nature, but where possible we endeavour to keep members informed of ongoing issues. As an Area Commander, Pat, you will be aware that NZ Police does not operate in a vacuum - it takes cogniscance of what is happening internationally. News relating to overseas jurisdictions appears in the magazine to reflect that global policing environment. The recent features on Tasers and methamphetamine were produced within that context. The other articles you mention were minor fillers you will find in any newspaper or magazine in the world – granted, they may not be to everyone’s taste – but as Abraham Lincoln said: “You can please some of the people some of the time but not all of the people all of the time.” The fight against illicit drugs and organised crime is a serious one, which members and the Association feel strongly about and the articles have reflected this concern. Similarly, other issues affecting members such as the Comms staff shortages, body armour, the Fund the Frontline campaign, the issue of remand prisoners in police cells have had their genesis through Police News articles and then been picked up by the mainstream media – exposure, which has, hopefully, contributed to changes and the betterment of our members’ wellbeing and working conditions. As Editor, I feel those serious issues also need to be balanced by some levity and lighter stuff from time to time. If by publishing a filler about SAT tests, a seven-year-old trying to get his driver’s licence or yes, even the Gwinett County Sheriff getting a tank, can bring a smile or some discussion to police officers having a cuppa (that’s presuming they even have the time for one) on late shift or at any other time, then I will have achieved the balance I am seeking. – Editor. Long service disparity Can the Police Association please explain to me why is it non-sworn staff receive long service leave after 14 years yet sworn police officers receive long service leave after 21 years service? This is not a dig at non-sworn (they deserve it after 14) but more an attempt to understand why sworn officers don’t get their long service at the same time. It would seem to me that sworn should receive it after 14 years. It is at this point you become a senior constable and are given an extra stripe on your shoulder and with that comes more responsibility, both internally and externally. Yet, financially, you receive nothing for it. Also, as the pay round negotiations are not too far away from beginning, isn’t it time staff are allowed to vote on any agreements via the Email system? I know that the Association wants to fully inform the staff before they decide but what’s wrong with providing the information to us by Email and in seminars and letting us decide for ourselves regarding ratifying agreements between the Association and administration. At the moment, it appears that minority voting is deciding for the majority. I know everybody should turn up to the meetings but sometimes this is not possible. Surely, if we have a higher voting turnout then the Association can be confident that whatever decision is reached would more fairly represent what the majority of staff want. Steve Hales (Papamoa) Thanks for your letter Steve. In 1998 a claim was advanced by the Association to reduce the qualifying period for both sworn and non-sworn LSL from 20 to 14 years. We chose 14 years for the very reason you identified – senior constable status. The sworn pay round was resolved by arbitration but at that time all leave matters were not able to be submitted to arbitration unless Police agreed for this to happen. Police did not allow for the LSL issue to be decided by arbitration. They sought to have the change funded by a reduction in the annual leave entitlement. The Association couldn’t agree to this so LSL remained at 21 years. At the same time we managed to reduce the qualifying period for non-sworn LSL with no trade off, mainly due to the fact that the cost of the change was much smaller for non-sworn compared to sworn. Voting systems have been debated at length within the Association over the past few years. It is acknowledged that there are many valid arguments for Email voting, as there are for meetings. We have continued with the meeting approach primarily due to the fact that the issues of pay and conditions can be multifaceted and a true understanding and appreciation can best be achieved through meetings with the negotiator fronting in person. Some singleissue variations to the collective agreements can and are being voted on electronically. Greg Fleming (Industrial Advocate) Have you moved recently? If you have or perhaps are about to, please let us know so we can update your records. You can do this by: • writing to us at PO Box 12344; • calling us on free phone 0800 500 122; • faxing us on (04) 496 6819; or • emailing us at; [email protected] You need to let us know your membership number, new address and if you’re a serving member - your new station. CHP in shock after six deaths in five months The head of the California Highway Patrol recently called for a department-wide emergency review of safety policies after the on-the-job deaths of six officers in the last five months - the most recent struck last month by a suspected drunk driver in the Cajon Pass. Calling the string of deaths unprecedented, CHP Commissioner Michael Brown told The Los Angeles Times that all patrol officers in the state would be debriefed to determine whether immediate changes are needed in department policy to prevent additional fatalities. 80 April 2006 Officials said the last time the CHP was so shaken was in 1970, when four officers were killed in a shootout in Santa Clarita. agreed that the department had not kept up with growth in state population or vehicle traffic. 1964 worst year Overall, fewer law enforcement officers have been killed each year nationally than in past decades. During the 1970’s an average of 220 officers were killed each year, compared with about 160 a year in the 1990s - a downturn credited to better training and the use of body armour. The most CHP fatalities in one year came in 1964, when eight officers were killed - five in traffic accidents and three run over by vehicles. There are about 7,200 uniformed officers in the CHP, about two-thirds assigned to patrol state roadways. Though CHP officials and experts said it was difficult to pinpoint any specific causes for so many deaths in the last few months, they In 2005, 153 law enforcement officers were killed nationwide – 17 were from California.
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