Mahuta Nanaia: Appointments — Independent Police Conduct Authority 
Mahuta Nanaia: Appointments — Independent Police Conduct Authority 
[Volume:665;Page:13087] 
Hon NANAIA MAHUTA (Labour—Hauraki-Waikato) 
: 
 I rise to speak to Government motion No. 3 appointments to the Independent Police Conduct Authority. I signal that Labour supports the new appointments to the authority. We believe that the appointments will add to the significant experience and expertise that Justice Lowell Goddard and Allan Galbraith currently bring to the authority. 
Labour is committed to having a New Zealand police force that everyone all New Zealanders can have pride and confidence in. That is why it is important to have a robust and independent body to oversee the role and function of the police. Not long after I came into Parliament in 1996 the particularly sad issue in Waitara emerged: the shooting of Steven Wallace. At that time there was a lot of debate in this House by members currently supporting the Government around the independent nature of the then Police Complaints Authority. The debate was robust but above all—and this is probably the most poignant point that I want to raise in this debate—New Zealanders needed to have confidence that the Police Complaints Authority at the time was independent and was able to look at particularly emotional and emotive circumstances in a way that maintained a high level of independence in the investigations of police conduct. 
The Police Complaints Authority was established in 1989 following several years of debate about police accountability. That was sparked in part by the role of the police during the 1981 Springbok Tour. Prior to 1989 complaints against the police were investigated internally. Through most of its life the Police Complaints Authority comprised a single person with a small number of support staff conducting reviews of police investigations. Because of its reliance on police investigations the authority was perceived as lacking independence as I mentioned earlier. Recent changes including the appointment of independent investigators are reducing that perception. 
In March 2007 the  
Report of the Commission of Inquiry into Police Conduct  
recommended a number of changes to the Police Complaints Authority including enhanced powers and improved communication with complainants. The previous Labour Government committed to implementing those recommendations. It made a start with the Independent Police Conduct Authority Act 2007 which made five main changes. It clarified that the authority may investigate historical complaints relating to incidents that occurred prior to its establishment. It required the police to notify the authority within 5 working days on receipt of a complaint. It required the authority to provide a copy of its opinion and recommendations to the Minister of Police and to the Attorney-General in certain situations where it is not satisfied with the police response to a recommendation. It significantly increased the membership of the authority to up to five members and changed the name of the authority to the Independent Police Conduct Authority. 
I want to mention that although the then Labour Cabinet approved further changes to the Independent Police Conduct Authority the legislation did not go through because of the 2008 election but it is worth mentioning the proposals that were considered by Cabinet at that time. They included allowing the authority to undertake its own investigations of complaints about police misconduct in defined circumstances allowing the authority to conduct its own motion investigations into serious incidents or incidents of significant public interest amending the current secrecy and privilege provisions so that information gathering during the authority’s investigations can be used in subsequent proceedings giving the authority investigators the necessary powers to carry out their enhanced investigatory role enabling the authority to decide whether there is sufficient evidence to warrant a criminal prosecution where it has investigated the matter itself or directed and controlled a police investigation and allowing the Official Information Act to apply to the authority. 
The Attorney-General who introduced this motion on behalf of the Minister of Justice aptly pointed out the role and function of the Independent Police Conduct Authority and I will not go over that. However simply put an issue was raised by a member of the Maori Party with regard to the police collecting DNA samples from young people. That is precisely the type of issue should it arise with members of Parliament that would go to this particular body. I want to make that point because I have had a situation where not too long after statements made by a member of this House a parent came to me and asked me what to do. I immediately referred them to this authority to make investigations on that matter. 
In relation to the people who have been proposed Labour certainly supports the skill and expertise that Dianne Macaskill Angela Hauk-Willis and Richard Woods bring to the authority. We think they will fill the skill gap identified by the Minister Simon Power and we believe that their appointments along with the existing appointments will make a worthy contribution to ensure that New Zealanders can continue to have confidence in the role of the police. Kia ora.