Gallagher Martin: Police Complaints Authority (Conditional Name Protection) Amendment Bill — First Reading 
Gallagher Martin: Police Complaints Authority (Conditional Name Protection) Amendment Bill — First Reading 
[Volume:610;Page:7479] 
MARTIN GALLAGHER (NZ Labour—Hamilton West) 
: 
 I will not take too long but I would first like to acknowledge the author of this bill. Members’ day is good evidence that individual members of the Parliament through the members’ ballot system do have an opportunity to introduce legislation and have it considered by the House which then determines whether it should go on to a select committee. In this case as I am sure everyone will be aware this side of the House will be supporting this bill going to the select committee. 
The bill attempts to address the serious issue of when and under what circumstances the right of free expression and the principle of open justice should be a bridge. As we are well aware the catalyst for this bill—and for the discussion that will be held in the select committee—was the tragic circumstances that arose from the shooting of Mr Wallace in Waitara by a constable whom the courts have subsequently found to have acted reasonably and in self-defence in the course of carrying out his public duties. I note that the Minister’s speech which I think deserves some emphasis made the point that in a general historical circumstance an officer’s name would be published only at the point at which disciplinary action was taken against him or her or when criminal charges were laid. The Minister strongly supports that convention and believes that a police officer acting reasonably and in the line of duty is entitled to that protection unless and until there is sufficient evidence that he or she acted wrongly to the extent that disciplinary action is taken against him or her 
In respect of the Wallace case the Minister stated his real concerns about some media outlets choosing to publish the name of the constable without there being any evidence of his wrongdoing particularly when he had already been forced to leave his home in the town where his family lived because of threats against him arising out of the shooting. I note the Minister’s request to Ministry of Justice officials to consider a proposal to provide name suppression in these circumstances. I would think that a select committee analysis of this bill will make a good contribution to the debate of the public interest being served in terms of the issue about at what point and in what circumstance one releases the name of in this case an alleged offender. What we saw in this case was a very unsatisfactory situation of trial through the media. Although understandably some attention was given to the terrible tragedy and pain to the family of the victim of the shooting I cannot begin to imagine the absolute pain and anguish that was visited upon that policeman’s family. This situation potentially dare I say it faces members of the New Zealand Police Force every day every hour and every minute. They do not have to travel too much of a journey before they can be cast in that set of very unfortunate circumstances. 
So without further ado I lend my support to this bill going to the select committee. Clearly as previous speakers have outlined that does not guarantee that Government members on that committee will support the bill in its present form. Indeed some believe there are a few flaws in it. However we believe that it will serve as a very useful and very constructive vehicle for debate over the issues. For that reason the Government supports the bill going to the select committee. 
Just in the spirit of being magnanimous which of course I always am I acknowledge my colleague Dr Hutchison—in the sense that he is a Waikato member of Parliament—for his work on this bill and for introducing it. Hopefully we will have some very useful hearings and debate in the select committee around this very important issue.