Borrows Chester: Independent Police Complaints Authority Amendment Bill — In Committee 
Borrows Chester: Independent Police Complaints Authority Amendment Bill — In Committee 
[Volume:641;Page:11522] 
CHESTER BORROWS (National—Whanganui) 
: 
 I take this opportunity to stand and speak in support of the Independent Police Complaints Authority Amendment Bill and indicate to the Committee that the National Party is supporting this bill. I have also seen the Supplementary Order Paper that was tabled yesterday; I have had a chance to look at it today. I can indicate that the National Party will support the Supplementary Order Paper as written as well. 
The fact is that the confidence of the public has been swayed in the ability of the Police Complaints Authority as it is now to be able to deal effectively with the complaints that come before it and the investigations that it carries out from time to time. This is largely not due to the actions of the Police Complaints Authority but unfortunately is in respect of some isolated incidents that have been brought upon the police by its own members. Over the last few years for instance we have seen a number of investigations and complaints made by complainants such as Louise Nicholas around officers and we can reel off the names—Rickards Schollum Shipton and Dewar. Of course in recent times we have been successful in prosecuting Detective Inspector John Dewar as he was at the time. 
The fact is that the public have always been wary of a police complaints system that has the police investigating their own. The fact that that is replicated across society in many other avenues and in many other departments does not detract I suppose from that lack of confidence because of course there is a huge inequity of power when an organisation such as the police has an ultimate power in respect of its citizens. 
I note that the Supplementary Order Paper as it has been tabled seeks to rename the bill the Independent Police Conduct Authority Amendment Bill. That seems to take account of the fact that subsequent to the Bazley report police conduct in various forms—not necessarily coming out of complaints but the way that the police conduct themselves on a day-to-day basis—should come under scrutiny at more regular intervals. As the Bazley report has suggested there should be annual audits and then a 10-year audit of the way that the police force conducts itself. The report also of course recommends that there be a code of conduct for the police. 
It is only right and fitting then that the new authority be called the Independent Police Conduct Authority. The word “independent” denotes that it will stand apart from the police. Although to a certain level there will be minor or less serious incidents and complaints investigated by serving police—in other words as I said before the police investigating their own—the new authority as it will be with five authorities being five warrant-holding individuals will have the ability to spread its net wider and investigate more fully those more serious complaints allegations or merely situations as they arise. 
The sorts of things that the Police Complaints Authority at the moment investigates are deaths in police cells incidents of police car chases—and we see that the authority is investigating those at the moment—as well as incidents that involve police shootings or police actions that are so serious there should be some sort of independent scrutiny made of police conduct or the way in which the police carry out their investigations without a complaint having been made. I believe that that is a good thing; so does the National Party. 
New parts of the bill before the Committee look to the Police Complaints Authority being able to release information into the public arena and also release information back to complainants or defendants on an interest of justice imperative. I think that is a good thing too. In the past the information held by the Police Complaints Authority has been confidential and at times that has acted against the interests of justice. It has not allowed the Police Complaints Authority to release information that may well have acted in the best interests of justice to show that a person being treated as a defendant or under investigation by the police is innocent of the charges made or has defences open to him or her. I believe that releasing information in the public interest can add significantly to the way that the public view the Police Complaints Authority and the way in which the police have handled themselves during the course of investigations. The public expect to have a greater scrutiny of the police especially over such incidents as I related earlier. 
The fact is that the New Zealand Police is an organisation that the public of New Zealand must have a high level of confidence in at all times. Although public confidence gets attacked from time to time because of incidents that occur we must remember that those incidents occur on an individual and non-systemic basis most of the time. As detailed in the Bazley report there are a number of ways in which the police dealt with matters over time that detracted from public confidence but the fact is that the police are the first and last call in many situations. It is not that long ago when for instance if we rang Child Youth and Family Services or the Department of Social Welfare we heard a message on the answerphone: “If you can’t get hold of us then ring the police.” and the police stepped in and did those things. The police force was the organisation that we called for. The police were the ones too who most came under scrutiny because they were present most often and they were always dealing with difficult situations. 
The way that the Steven Wallace matter was handled and the publicity that was gained around that—particularly comments made by the Prime Minister in respect of the possibility of prejudice operating within the police against Maori—detracted from the public level of confidence in the Police Complaints Authority. 
I am pleased to see that there will be a significant level of independence within the new Independent Police Conduct Authority. I believe that the structure is one that will add to public confidence in the authority’s ability to make this information available to bear more public scrutiny and to get into the media the real facts of a case rather than allowing people to speculate as to what those facts may be. In this news-hungry world where we always want to deal to those who are in authority that will be a good thing. Thank you. 
Sitting suspended from 6 p.m. to 7.30 p.m.