7. Question No. 7—PoliceCHRIS BISHOP (National—Hutt South) to the Minister of PoliceQuestion No. 7—Police7. CHRIS BISHOP (National—Hutt South) to the Minister of Police: Does he have confidence in Deputy Commissioner of Police Wally Haumaha?Hon STUART NASH (Minister of Police): As I said in a response to an identical question by that member on 9 August—and I quote—There is an inquiry under way which will determine the process under which the senior State servant was appointed and I think we need to … play [that] out." That inquiry has not yet publicly reported.Chris Bishop: Does he accept that the Prime Minister has the power to stand Mr Haumaha down given that the Police Commissioner told the Justice Committee this morning that he had taken "extensive legal advice" about this question which concluded that he does not have the power to stand him down?SPEAKER: Order! I'm trying to get the link. Is the member trying to say that he's responsible for the advice that the commissioner gives to a select committee or he's responsible for the Prime Minister—neither of which I think are this Minister's responsibility. Have another go at trying to get it in line.Chris Bishop: Does he agree that the Prime Minister has the power to stand Mr Haumaha down given that the Police Commissioner told the Justice Committee this morning that he had taken extensive legal advice about the question which concluded that he does not have the power to stand him down?Hon Chris Hipkins: I raise a point of order Mr Speaker. The member appears to be asking the Minister for a legal opinion.SPEAKER: No—Hon Gerry Brownlee: I raise a point of order Mr Speaker. SPEAKER: Well can I deal with the first one first? I think Ministers should all be across the appointment methods of their senior staff. As well as a matter of law it's a matter of policy and I think he should be across that. So I'm going to rule that point of order out but Mr Brownlee had another one?Hon Gerry Brownlee: No that's all right.Hon STUART NASH: I wasn't at the select committee this morning therefore I'm not too sure what the commissioner actually said to that committee.Chris Bishop: Who has the power to stand Mr Haumaha down: the Prime Minister or the Police Commissioner?Hon STUART NASH: The Police Commissioner does not have the power to stand Wally Haumaha down. Mr Haumaha is a warranted officer who is there by "the pleasure of the Governor-General".Chris Bishop: Does he agree with comments by then Prime Minister Helen Clark as to why she refused to promote Mr Clint Rickards to Deputy Commissioner namely "I have to take into account I am making a recommendation for one of the highest statutory positions in the land and that if there are going to be anonymous allegations and innuendo around a person in such position that doesn't help the New Zealand police." and does he think the same problems arise with Mr Haumaha?Hon STUART NASH: She was a very wise woman was the former Prime Minister Helen Clark and I agree with the comments. Chris Bishop: Is he comfortable having a statutorily appointed Deputy Commissioner of Police who has received extensive publicity for having reportedly described Louise Nicholas' allegations as "a nonsense" "Nothing really happened." and "We have to stick together."?Hon STUART NASH: Can I just make one thing clear: under the State Sector Act 1988 all matters relating to individual employees are the responsibility of the chief executive who must act independently of the Minister. My role is limited to expressing confidence in the chief executive. In this case that is the Commissioner of Police who has my utmost support. The Commissioner of Police has constitutional responsibilities for his employees and under the Policing Act for constabulary officers. I am precluded under that Act from any staffing matters and I do expect the Commissioner of Police to maintain oversight of his workforce and to assign duties as appropriate. Chris Bishop: I raise a point of order Mr Speaker. There are two responsibilities in the police that are appointed by the Government—SPEAKER: Order! The member will resume his seat. The member cannot argue an answer to a question by way of a point of order. Hon Gerry Brownlee: I raise a point of order Mr Speaker. If you're going to take that line then surely it was appropriate for the Minister to say he just wanted to make one thing clear when the one thing that he was trying to make clear was not related to the question he was asked and in fact was in contradiction to an answer he had previously given. SPEAKER: I'm not about the latter—I'd have to go back and look at it—but it was certainly in relation to the question that was asked."