NZ Herald
March 31, 2004
Police rape inquiry to study PCA files
by Jo-Marie Brown
The Government will lift secrecy provisions that prevent the Police Complaints
Authority from revealing information so allegations of police pack rape can be
investigated.
Yesterday it introduced an amendment bill to Parliament to deal with concerns
that historic PCA files could not legally be handed over to the commission of
inquiry looking into police conduct.
Under the Police Complaints Authority Act 1988 past investigations must be kept
under wraps to ensure people can provide information without worrying that
self-incriminating, embarrassing or sensitive details will be made public.
As a result the commission of inquiry was unlikely to see the PCA files on
former Rotorua CIB chief John Dewar's investigation of rape complaints made by
Louise Nicholas.
Mrs Nicholas claims
The men deny the allegations.
Two PCA investigations regarding Mrs Nicholas' complaints have examined the
complaints.
Inquiry commissioners Justice Bruce Robertson and Dame Margaret Bazley said their task would be hampered if they could not
consider those files.
The Government now agrees.
Associate Justice Minister Margaret Wilson said yesterday that it was vital for
public confidence that the impediment was removed.
"The Government has decided the immediate introduction of an amendment
bill ... is desirable to provide an assurance to the public that the commission
will be able to carry out its mandate in full," she said.
"It is also important to forestall any possible delays in the inquiry.
"Delays would not be fair to the complainants, who need to see these
matters concluded as quickly as is reasonable."
The new legislation would lift the secrecy provisions for this commission of
inquiry only.
It would lapse one year after the commissioners reported to the Government.
Lawyer John Upton, QC, who is representing the PCA before the commission, said
he was unable to comment on the new bill until he had read it.
"I know there's been a lot of to-ing and fro-ing over the last few days to put it together.
"I just don't know what the final product is."