Stuff
May 13, 2004

MPs united to restore confidence in police
NZPA

MPs today united to unanimously pass legislation allowing a Commission of Inquiry set up after allegations of police pack rape to consider previously confidential information.

The Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill will allow the commission to see files currently covered by secrecy provisions.

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.

It introduces temporary provisions enabling the commission to fulfil its terms of reference by seeing Police Complaints Authority (PCA) files on the matter.

Parliament last night agreed to surprise changes to the legislation, put forward by ACT MP Steven Franks, which will prevent the PCA disclosing information unless it has received some assurances from the commission.

The assurances included the commission taking "all steps necessary or desirable" to protect the confidential nature of information from the PCA, such as publication restrictions or closed hearings.

The prohibitions could be waived by those who had given the original evidence to the PCA.

Mr Franks today said the commission needed a high degree of transparency to ensure it was not seen as another cover up. However, it also needed to consider those who had previously given evidence to the PCA, believing it to be confidential.

"In this case there's a statutory immunity – effectively the statute says to people who give information to the PCA that they can be confident that they will not have their particulars disclosed," he said.

Associate Justice Minister Rick Barker, on behalf of Justice Minister Phil Goff, told Parliament the bill was a balancing act between equally compelling but competing interests.

"I believe this bill represents the best possible balance, and its unanimous support by Parliament is testament to that," he said.

"This bill will assist the Commission of Inquiry to restore the public's confidence in one of the world's best police forces."

National MP Tony Ryall agreed that New Zealand had one of the best police forces worldwide but that he had never known a time in his 14 years as an MP when public confidence in the police had been so low.

"I have never known a time when people who have normally been steadfast and loyal supporters of the New Zealand police are questioning some of the activities that are going on," he said.

"As a legislator, I do not like that situation in this country and I'm absolutely determined that this House must act to restore public confidence and faith in the New Zealand Police which is, indeed, a force that New Zealanders should be proud of."

The commission follows allegations by Rotorua woman Louise Nicholas that she was raped in a police house in Rotorua in the 1980s.

Ms Nicholas has alleged Clint Rickards, now a police assistant commissioner, and former police officers Brad Shipton and Bob Schollum pack raped her. The men have strongly denied the allegations.

Mr Rickards has been stood down from his job as Auckland district police commander.

The commission will also consider the investigation into the alleged rape of Judith Garrett by a constable at Kaitaia Police Station in 1988.