Goff Phil: Independent Police Complaints Authority Amendment Bill — Second Reading 
Goff Phil: Independent Police Complaints Authority Amendment Bill — Second Reading 
[Volume:625;Page:20292] 
Hon PHIL GOFF (Minister of Justice) 
: 
 I move  
That the Independent Police Complaints Authority Amendment Bill be now read a second time 
. This bill arises from a review of the Police Complaints Authority conducted by Sir Rodney Gallen at my request back in 2000. The bill was introduced in December 2002 and was reported back by the Law and Order Committee in late 2003. It was around that time that allegations of serious misconduct were made against members of the police. A commission of inquiry into police conduct was established to investigate the handling of the allegations by the police. However its process and report were deferred due to criminal investigations being undertaken and criminal proceedings have subsequently been issued in relation to the allegations of sexual assault. The commission is now continuing under a new mandate that will allow it to pursue its brief at the same time as the criminal processes are going on. The intention originally was to wait for the commission’s report before proceeding with this bill. However the amendments made by the bill are important to the work of the authority particularly in relation to its capacity to investigate and resolve complaints in a timely manner. Therefore we have now decided to proceed with it at this time. 
The decision to review and amend the Act did not reflect overall dissatisfaction with the authority’s track record. Over its existence there has been confidence in the independence impartiality and accountability of the authority. None the less there was a perception that because the authority had to rely on serving police officers to investigate their colleagues that might detract from its independence. The major decision that resulted from the review was to provide the authority with an enhanced investigative capacity of its own independent from the police. Although the authority already had the statutory authority to conduct its own investigations in the past it lacked the resources to do so. 
Two years ago I gave the authority the necessary resources for that and it has made good progress with implementing the reforms including the appointment of independent investigators. The authority has employed four individuals with a wide range and depth of investigative experience both internationally and in New Zealand. They are independent impartial and can be expected to be conscientious in investigating serious complaints about the conduct of the police. The authority is using its independent investigative capacity to deal with complaints or investigations of serious matters such as when an offender is shot or injured as a result of police action. Its investigators have been engaged in an oversight role in relation to the conduct of the police in investigating the historical sexual assault allegations and the recent email investigations. They have in addition worked with the police to develop procedures and protocols enabling the engagement between the organisations to operate effectively each independent of the other. 
The bill implements the remaining recommendations of the Gallen review. It changes the name of the Police Complaints Authority to the Independent Police Complaints Authority. The membership of the authority is increased from one to three members. The chair of the authority will be a current or retired judge supported by the two other members. The bill also provides for a number of matters relating to the administration of the authority and it gives the authority the powers of a commission of inquiry in order to strengthen procedures for example for the conducting of hearings. The bill requires the authority and staff members of the authority to maintain secrecy in respect of all matters that come to their knowledge as a result of the exercise of their functions. There are limited exceptions to that such as information disclosed in order to justify the authority’s conclusions and recommendations. 
During the drafting of the bill an issue was raised regarding a defendant’s right to a fair trial. The concern was that the authority may become privy to exculpatory information which is information that may point to a defendant’s innocence and that the current secrecy provisions would prohibit the authority from disclosing it. Withholding such information could obviously impact on the defendant’s right to a fair trial. The bill as introduced included provisions for requests to be made to the authority for exculpatory information to be disclosed to a court. The select committee recommended that the draft disclosure provisions be revised to achieve the objective of a defendant’s right to a fair trial in a more simple way. 
Under the revised provisions the authority has the discretion to disclose exculpatory evidence directly to a defendant that it believes may point to the defendant’s innocence in relation to an offence for which he or she has been convicted or charged. Where the authority has disclosed information it may issue a certificate that describes the circumstances and the manner in which the disclosed information came to the authority’s knowledge. A certificate is admissible and is proof of the matters stated in it. A limited exception to the rule against hearsay is created so that the authority is not required to attend court proceedings. That is because it would undermine the independence of the authority and public confidence in the process if members of the authority and its employees could be called as witnesses in court proceedings. The actual disclosed information itself is still subject to the rule against hearsay. I thank the committee for its careful consideration of that complex issue. I am confident that the new provisions strike the appropriate balance between a defendant’s right to a fair trial on the one hand and evidential principles and the ability of the authority to perform its functions on the other. 
The Government Supplementary Order Paper to be considered at the Committee stage makes a number of amendments required to align the provisions of the bill with the legislative changes made late last year by the Crown Entities Act and makes other amendments consequential to legislative changes made since the bill was reported back from the select committee. 
Recent events demonstrate that in a police force approaching 10000 sworn and non-sworn members not all will meet the high standards of behaviour and integrity we demand of the police staff in New Zealand. Notwithstanding that I believe that overall our police force is amongst the best in the world. Having an effective process whereby complaints against wrongful police behaviour can be heard and acted upon is an important assurance that such wrongful behaviour will be properly responded to and public confidence in the police maintained. I acknowledge the excellent work done by the Police Complaints Authority over the years. The new structure of and the resources given to the Independent Police Complaints Authority will ensure an even better performance in the future. I commend this bill to the House.