Police response to Commission of Inquiry into Police conduct - New Zealand Police

Acknowledgements

6

I was also impressed with the quality of people who appeared before me as police witnesses ...

1

3

Second, New Zealand is fortunate to have a police force in which this kind of misconduct is a relatively rare occurrence.

1

5

Fourth, it is my view that, at the present time, the public can have confidence in the calibre of police investigations into allegations of sexual assault by police officers and associates... the policies and procedures surrounding how such allegations are investigated have improved markedly over the past 25 years.

3

2

Provided that the recommendations in my report are systematically implemented, I believe that the New Zealand public can continue to have full confidence in a police force of which they can be justifiably proud.

5/6

These standards [of internal investigations and to the investigation of complaints alleging sexual assault by members of the police or police associates] and procedures have improved markedly and steadily over the years and appear now to reflect good practice (in contrast to their rudimentary development in 1979, the starting point in the period of interest to this inquiry).

10

6

The commission commends these initiatives [to describe and promote expected standards of behaviour].

11

2

However, police management took strong and decisive action in the mid 1990s to establish policies, practices, and staff training to detect and monitor staff who sexually harass police members. The NZP Sexual Harassment Policy is nationally mandated and consistent across the country. This helps to ensure that the policy is effective.

12

3

The officers called by the police as witnesses were unanimous in their belief that the current culture of the organisation is a very positive one. There was also evidence from the files of some very thorough investigations into the complaints received.

12/13

6/7

... the Commission's report also notes the significant improvements in standards and practices over the period. Improvements have also taken place over the three-year period of the Commission's own existence. During the life of the Commission, and often in response to its work, New Zealand Police has established numerous reviews and special projects, many of which complement the work of this inquiry.... Other issues are being addressed as part of the review of the Police Act announced in march 2006.

33

1.50

The Commission received a substantial amount of evidence of the good quality of policing in New Zealand, including the handling of complaints against police officers.

45

2.43

The police are to be commended for taking this [Corporate Instruments] initiative after the Commission of Inquiry into Police Conduct brought into sharper focus the need for a review of police policies.

63

2.133

... shows a process of steady improvement in the direction and content of policies and procedures for investigating complaints against police officers.... New Zealand Police has achieved in the past decade a high level of general competence in the matter of internal investigations. The files from the past decade show a marked improvement over those from earlier years, which may be attributed in part to the development of the policies regarding internal investigations.

78

2.210

I was generally impressed at the way in which the police had steadily improved policies relating to the investigation of adult sexual assault during the period of interest to my inquiry ... The shift towards practices that recognise the impact of recent trauma, encourage a good working relationship with professional support agencies, and restore to the victim a sense of empowerment are all to be commended.

78

2.211

The overall impression I received was that the police now treat victims of alleged sexual assault very sensitively and, when they work effectively with support agencies, provide an environment in which the process of investigating a crime can proceed alongside each other.

101

3.29

An assessment of the Operation Loft files indicates that in the vast majority of cases the police took a complaint against a police member promptly and professionally in accordance with the standards and practices applicable at the time.

102

3.33

The evidence presented before this Commission illustrates the willingness of the police in the vast majority of cases to accept and investigate sexual assault complaints against police members or associates of the police, and where appropriate, to prosecute the alleged offender.

115

3.86

There is no doubt that most decisions about appointing a suitable officer now involve the application of experienced judgment and a sound knowledge, not only of the needs of the investigation but also of the ethical issues involved in identifying and managing conflicts of interest.

117

3.94

It is my view that the more recent cases involving associates have been well investigated.

118

3.98

The evidence generally shows thorough and impartial investigative practice, despite the investigator in many cases not being from outside the district... It is also positive to note that in many of the cases I considered there clearly was an awareness of the need for an independent investigating officer (and one who is perceived to be independent). This was reinforced by the evidence I heard from the three district commanders and other senior officers.

123

3.120

...my experience is that most detectives are naturally good at dealing with victims of sexual assaults, and treat victims with empathy and consideration.

123

3.121

... the roll-out of the adult sexual assault investigation training course, the appointment of a national coordinator, and an increased awareness of the ASAI Policy should result in greater consistency of approach throughout the entire organisation, and ensure that best practice is occurring in all instances.

123

3.122

The increasing professionalism disclosed in current practice is readily apparent in the files I reviewed, irrespective of whether the alleged offender was a police member or a police associate.

133

3.174

The evidence I have heard leads me to conclude that the police have made great strides forward in both the practice and the conduct of investigations of sexual assault over the past 25 years. Where there were failings, they occurred only in a very small minority of cases and in most instances were picked up by the police's internal review processes.

140

3.207

My conclusion on current police practice is that the decision to prosecute or not is generally made in accordance with the applicable standards and procedures, and takes into account all the admissible evidence available to the police at the time. Although some of the files raise other concerns with aspects of police practice, I believe the New Zealand public can be confident that, in the words of counsel for the Police Association, " there is not in fact a significant level of criminal sexual activity within the Police Force which has gone untried."

143

3.220

It is important to stress that the police are not a social service...

182

4.72

Thus, although I saw evidence of some failings in the past, the files also illustrate significant improvements in the period since 1989: - an evolving understanding of the need to consider issues of independence, especially when appointing investigating officers, and to ensure that all complaints are investigated fairly and appropriately; a growing recognition of the needs of sexual assault complainants and the importance of accessing professional assistance for them; the development of a professional review structure within the police whereby any failings within the investigation process are identified and rectified wherever possible; a willingness to seek both internal and external legal advice when considering whether to lay criminal charges.

205

5.32

On the basis of the files I have read and the evidence I have heard, it appears that discipline and the management of poor performance by sworn staff are very difficult matters within the police.

229

6.20

In my view, describing the behaviours under each of the values is good practice, and helps to make it clear what the expected standards of behaviour are (in relation to police core values).

232

6.40

I also note that the police sexual harassment training material contains some useful descriptions of the type of behaviour that might constitute harassment and the effect it can have on complainants.

233

6.42

The New Zealand Police Sexual Harassment Policy is nationally mandated and consistent across the country. I believe this approach ensures the policy is effective.

238

6.61

During the 1990s attitudes to then investigation of sexual harassment complaints gradually began to change. The Operation Loft files reveal increasing recognition by police officers of the existence of unacceptable attitudes and efforts to combat them.

243

6.87

There is evidence that since the mid-1990s there has been significant change in the culture within New Zealand Police about attitudes towards sexual harassment.

243/244

6.88/6.89/6.90

In reading the sexual harassment complaint files I was able to trace significant improvement that took place ...

245

6.96

The changes to the policy and processes for dealing with sexual harassment since the mid-1990s appear to have been effective.... One female officer, who had made a complaint... described the work environment and police culture as now being a very positive one.

246

6.99

The police are to be commended for the way in which they have worked to ensure that their workplace is safer in terms of freedom from sexual harassment. It is essential that these gains be sustained over time.

252

6.123

The police unreservedly accepted that any breach of the professional trust the community places in the police is wholly unacceptable.

257

6.145

I was told that the technical infrastructure being used to monitor use of and block objectionable material was generally consistent with industry best practice.

262

6.175

From my examination of the files, it is clear to me that the risk to both the public and New Zealand Police's integrity arises from problem people rather than within particular geographical areas.

266

6.189

I think that the development of the ethics training package is an excellent initiative; however, I am concerned that it is not mandatory in all districts.

267

6.196

The training given to recruits on the need to maintain the appropriate standards of behaviour is a god starting point for new people joining the New Zealand Police. I was pleased to see it included a section on ethics, and also that it introduced recruits to the police core values.

268

6.201

I commend the move to establish these ethics committees and consider that they should be standardised across all districts.

285

7.8

In general the police, both individually and collectively, take their obligation to investigate complaints against their members and associates of their members very seriously, especially in cases involving allegations of sexual assault.

288 - 290

7.23 - 7.30

Examples of improvement e.g: The police officers I spoke to were unanimous in their belief that the current culture of the organisation is a very positive one, and that it has become progressively more supportive of women staff. They freely acknowledged that the situation now is in contrast to what it was 10 or more years ago, but described a period of positive change starting in the 1990s and continuing to this day.

290

7.31

I am aware from comments I saw on the files that development of an appropriate culture that does not tolerate sexual misconduct or sexual harassment is an ongoing process in New Zealand Police.

291

7.37

The police have made significant progress in developing a structure that provides staff with clear guidelines and definitions of what is ethical conduct.

292

7.39

I also record that there was evidence on the files of senior officers who were concerned about the sexual misconduct of which they became aware, took steps to ensure that it was addressed, and undertook thorough investigations into the complaints received. It is unfortunate that the good work of these officers at the time was undermined by the behaviour of a small minority of recalcitrant officers.

294

7.47

I was pleased to see, however, that in the majority of cases throughout the period in question the matter was properly investigated even when the investigator had some concerns over the veracity of the complainant.

295

7.50

... I have identified no recent cases in which police officers appear to have sought to shield a colleague from investigation.

296/297

7.52

There have been many positive changes in police culture and attitudes over the past 25 years, as illustrated by the way in which sexual harassment has been discouraged...

298

7.58

The police recognise the importance of effective leadership and have recently begun to develop leadership and management development programmes...

298

7.61

He (Professor Bayley) also referred favourably to the fact that 15 percent of the New Zealand police force is female, which is very good by international standards.

299

7.63

I heard evidence that the police have targeted the recruitment of staff from minority communities with considerable success.

299

7.64

The work being undertaken by the police in relation to the ongoing development and implementation of their Sexual Harassment Policy and the development of a national training package on ethics are important initiatives. They demonstrate the progress being made by the police in ensuring any negative aspects of police culture in relation to their attitudes and behaviour towards women are being addressed.

303

7.85

Mr Annan reported that work had started on implementing systems for protected disclosures within the police. This is a positive step, and this work should be continued.

309

8.2 -

Examples of work, projects, initiatives, etc established and underway in response to the Commission of Inquiry e.g. Integrity Project and Corporate Instruments Project, developing a code of conduct, ... (see Appendix 4 of the report for a full list)

312

8.14

Several witnesses commented to me on the interaction the police have with their communities and how there is now much more opportunity for feedback, both positive and negative, from those outside the police, through both formal and informal mechanisms. I see this as a very positive and important development, particularly in the area of dealing with sexual misconduct.

312

8.15

I have been impressed by the efforts some district commanders and other officers have made to establish regular contact with a range of people within their communities. This provides helpful information on how the police can use their limited resources most effectively, and also provides a channel for early warning of problems or potential for problems with the behaviour of particular officers of groups of officers.

313

8.18

I am aware that the police governance project is examining the possibility of community input to police governance and I see this as a positive step.

315

8.31

Culture and system change is not a rapid process.

317

8.38

This report has presented a series of "snapshots" of police standards and practices over a 25-year period. Much of the Commission's focus was necessarily on historical matters. The snapshots, especially those from the earlier years, are sometimes ugly. But my report also notes the significant improvements and standards and practices over then period.

317

8.39

The longevity of this Commission of Inquiry into Police Conduct is one of its strengths, because it has provided a stimulus for reform.

317

8.40

The evidence from the police investigations of their complaints provide valuable lessons from the past, and for future practice.