Appointments — Independent Police Conduct Authority 
Appointments — Independent Police Conduct Authority 
[Volume:650;Page:19270] 
Appointments 
Independent Police Conduct Authority 
Hon RICK BARKER (Associate Minister of Justice) 
: 
 I move  
That pursuant to section 5 of the Independent Police Conduct Authority Act 1988 and section 32 of the Crown Entities Act 2004 this House recommend His Excellency the Governor-General appoint William Allan Reid Galbraith and Melwyn Purefoy Smith CNZM as members of the Independent Police Conduct Authority each for a term of 3 years. 
 Membership of the authority is established by section 5 of the Independent Police Conduct Authority Act 1988. The authority consists of up to five members appointed by the Governor-General on the recommendation of the House of Representatives. 
The appointments of Mr Galbraith and Mr Smith mark the completion of another recommendation of the 2007  
Report of the Commission of Inquiry into Police Conduct. 
 Mr Galbraith is currently the investigations manager of the Independent Police Conduct Authority and prior to this he was a member of the New Zealand Police for 37 years. Mr Smith has held various senior State sector position including that of Secretary for Justice and he was an Ombudsman from 2001 to 2005. In late 2007 Mr Smith completed a further 6-month term as an Ombudsman during which he delivered his report on his investigations into the criminal justice sector. Messrs Galbraith and Smith bring with them a wide range of skills and a wealth of experience in the public and justice sectors. With their appointments the public can have every confidence that the authority is well placed to continue with its implementation of the recommendations of the commission of inquiry. 
SIMON POWER (National—Rangitikei) 
: 
 Madam Assistant Speaker I know you will indulge me for taking about 25 seconds before I address the motion. I was not in the House yesterday evening—I was back in my electorate—but I want to congratulate members opposite on their valedictory speeches. In particular I thoroughly enjoyed hearing on the radio the speeches made by the Hon Paul Swain and the Hon Steve Maharey. In times gone by that could have had consequences for road safety but last night all was well. I wish all those members opposite who have given their valedictories the very best. 
On the issue of the motion before the House our leader John Key has indicated to the Minister of Police that National will be supporting the appointment of Mr Alan Galbraith and Mr Mel Smith as members of the Independent Police Conduct Authority each for a term of 3 years. In recent times a matter of some debate in this House and outside of it has been the issue of appointments to bodies such as the Independent Police Conduct Authority being made close to a general election and the various  
Cabinet Manual 
 conventions around the consultation with Opposition members on such appointments. On this occasion John Key received a letter from the Hon Rick Barker on 25 August which appropriately in our view sought the Opposition’s view on these matters. 
The ASSISTANT SPEAKER (Hon Marian Hobbs) 
: I say to members to just lower their voices. Keep going Mr Power; it was just that the noise was getting up. 
SIMON POWER 
: Thank you Madam Assistant Speaker. It is worth spending a moment to note—and I am sure that the Minister who moved the motion will agree with me—that the authority has changed considerably under the chairmanship of Justice Lowell Goddard. It has become an authority that is truly independent and I note in fairness to the Government better resourced after Justice Goddard insisted— 
Hon Trevor Mallard 
: Well she’s an authority—that’s the difference. 
SIMON POWER 
: She certainly is! As I understand it when Justice Goddard appeared before the Law and Order Committee she made determined noises about seeking more resources from the Government to fund the authority. 
Justice Goddard brings to the Independent Police Conduct Authority an air of authority and she has a presence and determination about her. In recent days I have had absolutely no hesitation in assuring a constituent—who had talked to me about a particular matter involving the police—that if he wrote to the authority now that Justice Goddard is in charge he would hear firm fair and very independent views expressed. I think the chairperson is doing a particularly good job. 
But with increased responsibility increased independence and increased resources in the budgetary sense comes the need to firm up the authority by placing on the authority members of equal gravitas equal experience and equal independence. I do not know Mr Galbraith but I know of him and having made some inquiries prior to the motion being put to the House I know that he will do a terrific job.As the Associate Minister Rick Barker said Mr Galbraith was a member of the New Zealand Police for 37 years. He has a strong investigative background; having spent most of his police service in the Criminal Investigation Bureau I understand he worked in Wellington Palmerston North Auckland and national headquarters and was the New Zealand Police liaison officer in South-east Asia for 3 years. He retired from the position of assistant commissioner of police for crime and operations in 1995 and brings to this position knowledge of trusted and trustworthy policing in New Zealand. 
The Associate Minister when he wrote to Mr Key in late August on this issue made this statement: “New Zealand police are one of the Authority’s biggest stakeholders and the Authority needs the confidence of the police. It expects them to take the Authority’s reports and criticism seriously.” I think the Associate Minister missed an “if” there now that I read it out loud. It is worth noting that Mr Galbraith will bring that experience and the National Party is certainly supportive of the part of the motion that is his appointment to the Independent Police Conduct Authority. 
The second person probably needs less introduction to the House. Mr Mel Smith of course completed a short term as an Ombudsman in which he delivered his report into his investigation of the criminal justice sector. It may not be very interesting to other members but I think it is a particularly interesting matter. That criminal justice sector report was some of the finest work done by an Ombudsman looking at the state of the criminal justice sector. It was a report that in actual fact suggested a separate independent inquiry into the criminal justice sector. That was not to be dismissed lightly. The Prime Minister herself asked for that report in the first instance and Mr Smith did not hold back in delivering a very objective view of the criminal justice sector. It is that type of independence that type of fearlessness when it comes to dealing with institutions and matters of that level of importance that make Mr Smith a very appropriate addition to Justice Goddard’s authority. 
As I said Mr Smith had just completed a short term as an Ombudsman in late 2007 but he had previously served consecutive periods totalling 3½ years and 2 years as an Ombudsman. His CV is impressive. He has had various senior State sector appointments including Deputy Secretary for Internal Affairs Deputy Secretary for Justice acting Secretary for Justice acting chief executive of the Government Superannuation Fund and also acting Chief Executive of the Ministry of Social Policy. He has chaired various ministerial reviews including the review of the general election process in 1999 and the review of the Department of Work and Income. He will bring serious clout to the authority and it is my hope that he along with his fellow members of the authority and of course the authority herself will continue to act not only in an independent and appropriate way but in a way that does the thing we are most concerned about in establishing the authority and its membership and that is to restore public confidence in the police. 
The parliamentary term has not been full of good news for the police but like most New Zealanders I am of the view that 99.9 percent of police in New Zealand do a fantastic job. It is not an easy job and they should be supported for doing it but where things go wrong the public need to be assured that those things will be looked at in an independent thorough way. I am sure that the additions to the authority that are before the House today in this motion will under Justice Goddard’s firm hand and guidance see the authority maintain the rigour that is required to ensure the police continue to be held in high regard. 
The ASSISTANT SPEAKER (Hon Marian Hobbs) 
: Thank you Mr Power. I apologise. I did not want to interrupt you mid-flow. There is an awful atmosphere of end of term in the House this morning. 
CHESTER BORROWS (National—Whanganui) 
: 
 I can understand that Madam Assistant Speaker. Before I commence an endorsement of these nominations with similar comments to those of my colleague Mr Power I say that unfortunately I was out of the House yesterday afternoon but I did manage to hear your valedictory speech and I appreciated it very much. Unfortunately I did not get to hear the valedictory speech of Jill Pettis yesterday afternoon but I will check up on it. I did sneak in unseen to the Government side of the Chamber the other night and left a little bottle on her seat with a card wishing her all the best. Jill and I first met up shortly after 31 October 1998 when I was selected as the National Party candidate in Whanganui; we have been doing battle ever since. I must admit that attending a Grey Power meeting yesterday afternoon without Jill and her melodic tones and without banter from Warren Pettis Dave Vallely and various other members—who no doubt were in the gallery yesterday afternoon—made the meeting a fairly tame situation. 
In any event I rise to speak in support of the nominations of Allan Galbraith and Mel Smith in respect of the Independent Police Conduct Authority. I will make a few comments in respect of former Assistant Commissioner Allan Galbraith who was the regional commander of the central region region 3 for a number of years—I was one of his lowly subordinates—but who is probably best known for his investigation of the  
Rainbow Warrior 
 homicide. That police operation is probably our biggest internationally recognised operation. It is interesting to note that the main reason the two offenders were in custody so quickly revolved around the fact that like true Government servants having completed what must have been a multimillion-dollar operation in coming over here to blow up the  
Rainbow Warrior 
 they got caught because they hung around to pick up the $167 deposit on their motor home. If they had left the motor home in a car park and just disappeared they probably would not have been caught. However that inquiry escalated very quickly initially to 56 staff and then to well over a hundred as the police ran an operation that took place right around the country but largely in Northland and around Auckland as they sought to complete the inquiry. They did that and it then led on to huge international repercussions for New Zealand as part of the ongoing stance that New Zealand took in respect of nuclear weapons right around the world. Mr Galbraith’s role in that was significant. The contribution he made to the New Zealand Police over 37 years was huge and he is well respected within the rank and file and within the administration and the hierarchy of that organisation. 
I must also endorse the comments of my colleague Simon Power in respect of Mel Smith. His reputation and forbearance is well regarded. The respect he is held in as a result of his role as Ombudsman adds very much to the role that he now takes on in the Independent Police Conduct Authority. As someone who has had quite a bit to do with that authority in the short time I have been in Parliament I also have to agree that the public perception of the Independent Police Conduct Authority has been hugely enhanced from what it was previously. That has a significant amount to do with the force of personality of the authority Justice Lowell Goddard and also of the deputy authority Mike Lance but the experience of Allan Galbraith and Mel Smith added to that will certainly bring confidence from the public to the authority’s ability to deal independently to investigate on its own motion and to bring to a conclusion in a speedy and fair way those complaints that have already been laid before it. I believe we have already seen that confidence after a number of reports that the authority has reported back to the New Zealand Police and released publicly. The scrutiny for instance in the way the authority looked at the issues raised in respect of the police reporting on themselves and a number of initiatives that the authority has raised recently have only enhanced the public’s view of the authority and its independence. 
So I look forward to seeing what the future holds in respect of these members of the authority and I am pleased to be able to endorse their appointment for 3 years. I wish them all the best for the future. 
DAIL JONES (NZ First) 
: 
 New Zealand First supports the motion before the House and recommends to His Excellency the Governor-General the appointment of William Allan Reid Galbraith and Melwyn Purefoy Smith CNZM as members of the Independent Police Conduct Authority. One of the most important roles which goes back to Roman times—and I am not aware of the tag in Latin but in English one asks “who watches the watchers”—is the very role that the Independent Police Conduct Authority has in New Zealand. As members of Parliament we get constant complaints about the way in which police activities are conducted and lawyers also receive complaints about the way in which prosecutions are conducted and evidence is obtained. So it is extremely important that we have a body that inquires into the activities of the police. 
The Independent Police Conduct Authority is a step up from the previous arrangement we had in New Zealand and the appointments of Mr Galbraith and Mr Smith are two very important appointments. Of course mention has been made of Mr Galbraith’s involvement in the  
Rainbow Warrior  
inquiry and that discussion touched on what was happening in this House at the time because the Rt Hon David Lange was the owner of the unit in Parakai in which the people who were planning their little escapade on the Waitemata Harbour were staying. It is amazing what a long arm some of these involvements have. Mr Galbraith has often been confused in Auckland legal circles with Alan Galbraith QC a very highly respected lawyer in New Zealand. It takes a moment or two to differentiate between the two but I am sure they are equally highly regarded in their respective professions. 
Mr Smith is well known to us all in this House as a former Ombudsman and it was Peter Brown the Deputy Leader of New Zealand First who said some time ago: “We find him an affable man a very competent man; he is very conscientious; he is very determined to get to the bottom of a particular issue and we cannot speak highly enough of Mr Smith.” It should also be remembered that Mr Smith conducted the report into aerial spraying for the painted apple moth in Auckland and he sharply criticised the Ministry of Agriculture and Forestry and the Ministry of Health for their handling of the campaign. We have two very well-qualified independent people undertaking this responsibility and New Zealand First supports the motion. 
Hon TARIANA TURIA (Co-Leader—Maori Party) 
: 
 Tena koe Madam Assistant Speaker. Ka nui te mihi ki a tatou katoa. Firstly before I start my last speech in this term of Parliament I want to mihi to you for your leadership in the House and to thank you. 
The announcement at the start of the month that the Independent Police Conduct Authority would be receiving enhanced powers to arrest police officers and lay criminal charges as a result of its inquiries has been welcomed by the Maori Party. Similarly we supported the decision in Budget 2008 that an extra $4.7 million in operating funding would be appropriated to meet the requirements of this authority. It is to our mind eminently sensible for this organisation to have the authority to make appropriate decisions and the resources to carry out these tasks. We in the Maori Party stand by our commitment to the principles of accountability transparency and kaitiakitanga—the active exercise of responsibility—in a manner beneficial to resources and to the welfare of the people. Therefore we support any initiatives that will assist in strengthening the justice system and ultimately working to ensure that we all live in a safe secure and peaceful community. 
We have also been greatly impressed by the leadership brought to the authority by the appointment of Justice Lowell Goddard of Ngati Te Upoko Iri Ngati Kahungunu and Tuhoe. Justice Goddard took the initiative to visit Ruatoki as part of an inquiry into police actions in the Tuhoe raids. She made the decision to take an independent oversight of an event in our history that Tuhoe leader Tamati Kruger described as a gross breach of civil rights. In his assessment the breaches included many things. There were serious charges laid down and it is vital that every stone is turned if we are to enhance the credibility and the reputation of police in Aotearoa. 
Justice Goddard also made a symbolic visit to the street in Waitara on which Steven Wallace was shot. The comment that Steven’s mother Raewyn Wallace made after that visit sums up the quality of the presence that Justice Goddard has brought to the role. Mrs Wallace remarked that she was pleased that the authority was independent and was looking at all the issues over the police actions and procedures that were raised but not necessarily addressed in the private prosecution and the inquest. The authority is aiming to release in October its findings on Mr Wallace’s shooting and it is a report that we will be watching out for. It is important that the police act on its recommendations which could include that disciplinary action be taken against officers. 
The decision to re-examine the evidence on the Steven Wallace case certainly reinforces Justice Goddard’s intention that the Independent Police Conduct Authority will live up to its name and do exactly that—bring independent civilian oversight of the police. It will ensure a set of fresh eyes and a new perspective. As Mrs Wallace said: “Justice Goddard came to where it happened. She looked and listened. I appreciated that.” 
The authority it would appear has encouraged a new confidence amongst New Zealanders and its report released just at the start of this week regarding the search into the home of Dunedin man Bruce Van Essen was even further reinforcement of the important role played by the Independent Police Complaints Authority in helping to restore public confidence and trust in police work. 
Given all these factors in normal circumstances the decision to appoint new members to the Independent Police Conduct would have been supported by the Maori Party. But that is the thing: it is about normal circumstances. We did not receive the letter from the Minister concerning the appointments to the Independent Police Conduct Authority and the Human Rights Review Tribunal until 25 August. We are all aware that it has been the practice for Governments to exercise restraint in making significant appointments in the period leading up to a general election. Usually this is for a period of about 3 months. In our analysis the period of restraint should have begun on 15 August at the very latest. These appointments did not meet that threshold and accordingly we will not be supporting the motion—for that reason only; not because there are any personal considerations against the nominees. 
We believe that these appointments should be put on hold to be either confirmed or amended by the incoming Government after the 2008 election. Therefore the Maori Party cannot support the proposed appointments at this point. Kia ora. 
A party vote was called for on the question  
That pursuant to section 5 of the Independent Police Conduct Authority Act 1988 and section 32 of the Crown Entities Act 2004 this House recommend His Excellency the Governor-General appoint William Allan Reid Galbraith and Melwyn Purefoy Smith CNZM as members of the Independent Police Conduct Authority each for a term of 3 years. 
Ayes 111 
New Zealand Labour 49; New Zealand National 47; New Zealand First 6; Green Party 4; United Future 2; Progressive 1; Independents: Copeland Field. 
Noes 4 
Maori Party 4. 
Motion agreed to.