NZ Herald
May 13, 2004
Law puts limits on rape inquiry
NZPA
The commission of
inquiry set up after allegations of a police pack rape has had limits placed on
its ability to disclose evidence to the public.
MPs last night agreed to surprise changes to a proposed law retrospectively
scrapping the privacy of evidence to the Police Complaints Authority.
The Government wants the commission to see secret files so it can get to the
bottom of allegations of police misconduct.
Act MP Stephen Franks told Parliament he was concerned that a retrospective
repeal of confidential evidence laws would undermine the authority's work. He
put forward a clause that would require the authority not to disclose
information unless it had received assurances from the commission.
The assurances included the commission taking "all steps necessary or
desirable to protect" the confidential nature of information from the
authority.
The steps could include publication restrictions or closed hearings, as long as
those moves did not stop the commission doing its job properly.
The prohibitions could be waived by those who had given the original evidence
to the authority.
Mr Franks said people who spoke to the authority had done so on the understanding
that their identities were confidential. To undermine that was unfair and would
also deter others giving evidence in the future.
"It [the changes] will assist the commission to withstand pressures for unnecessary
public disclosure. The commission should have an express duty to minimise
damage to the reputation of government from reneging on a confidentiality
assurance," he said.
The changes were passed without dissent.
It is unusual for the Government to allow an opposition MP to amend one of its
bills.
The Government set up the commission to inquire into police conduct and
procedure when investigating allegations of sexual assault made against
officers or their associates.
Police and others have strongly opposed the public disclosure of confidential
evidence proposed by the Police Complaints Authority (Commission of Inquiry
into Police Conduct) Amendment Bill.