Otago Daily Times
March 31, 2004
Commission to view files
Bill to aid inquiry into rape claims
NZPA
Wellington: A commission of inquiry sparked by allegations of police pack rape
will be able to see files covered by secrecy provisions in the law under
proposed legislation introduced yesterday.
The Government set up the commission to inquire into police conduct and
procedure when receiving and investigating allegations of sexual assault made
against members of the police or their associates.
Associate Justice Minister Margaret Wilson said the Police Complaints Authority
(PCA) Amendment Bill would introduce temporary provisions enabling the
commission to fulfil its terms of reference by seeing PCA files on the matter.
"Investigation files held by the PCA are currently subject to blanket
secrecy provisions," Ms Wilson said.
"This is likely to include information gathered by police conducting
investigations on the PCA's behalf."
The provisions were designed to help the PCA get frank information from the
police and public during investigations. Such information could be
self-incriminating, personally embarrassing or there could be a fear of
retribution if confidentiality were not assured, Ms Wilson said.
"However, it is the view of the Government, the police and the Commission
of Inquiry itself that the commission's task will be hampered by its inability
to consider PCA files," she said.
"It is vital for public confidence in the commission, the police and the
PCA that this impediment be removed."
The Bill had its first reading under urgency last night before moving to a
"truncated" select committee process. The commission was not likely
to start considering the relevant PCA files until at least June and the
Government hoped the Bill would be law by then, Ms Wilson said.
It would apply only to the current commission and would expire a year after the
commission reported to the Governor-General.
The commission followed allegations by Rotorua woman Louise Nicholas she was
pack raped by three policemen in a police house in Rotorua in the 1980s.
A second allegation before the inquiry is that of Judith Garrett who said she
was raped by a constable at Kaitaia Police Station in
1988. - NZPA