Speech
Reception for the Independent Police Conduct Authority
May I begin by greeting everyone in the languages of the realm of New Zealand - in English, Maori, Cook Island Maori, Niuean, Tokelauan and New Zealand Sign Language. Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and as it is the evening (Sign)
May I specifically acknowledge you: Hon Justice Lowell Goddard, Chair of the Independent Police Conduct Authority and Deputy Chair Judge Michael Lance; Hon Margaret Wilson, Speaker of the House of Representatives; Ministers of the Crown, Hon Annette King, Minister of Justice, Hon Rick Barker, Minister Responsible for the IPC Authority, Hon Shane Jones, Minister for Building & Construction; Fellow members of Parliament; Your Excellency Dr Penny Reedie, High Commissioner for Canada to New Zealand; Dr David Collins QC, Solicitor-General; Howard Broad, Commissioner of Police; Former Authority, Judge Ian Borrin; Dame Margaret Bazley and Hon Sir Rodney Gallen, who have both played a role in reviewing the Authority; Rt Hon Sir Geoffrey Palmer, President of the Law Commission; Hon Bill Jeffries, Chief Commissioner, Transport Accident Investigation Commission; Beverley Wakem, Acting Chief Ombudsman; Phillippa Smith, Deputy Controller & Auditor General; Maarten Wevers, Chief Executive, Department of Prime Minister & Cabinet; Greg O'Connor, President of the New Zealand Police Association; Members of the Judiciary; Members of the Authority, Distinguished Guests otherwise; Ladies and Gentlemen.
It is with pleasure that my wife Susan and I welcome you to Government House this evening to this reception for the newly established Independent Police Conduct Authority.
The IPCA had its origins in the establishment of the Police Complaints Authority in 1989. Until its creation, complaints of police misconduct by were investigated by the Police themselves. There was on occasion some unease at this situation and the question 'who should police the Police?' raised on more than one occasion.
In a recent debate on policing in the House of Lords, Lord Navnit Dholakia, Leader of the Liberal Democrats in that House and who once served as a layperson member of the former British Police Complaints Authority, stated the tensions involved well when he said: "independence, accountability and balance of power are crucial in any debate about policing in the 21st Century."
On all three counts—independence, accountability and balance of power—the legal situation that prevailed until the Authority was created was less than satisfactory. A key principle on which our legal system is based is that of seeing that justice should not only be done, but should manifestly and undoubtedly be seen to be done. Hence it is that unless there is good reason otherwise, the legal system works in public and we have a system of reviews and appeals.
I observe, that while no organisation is perfect, and there is always room for improvement, New Zealand has been well served by one of the most professional Police services in the world. But however hard the Police tried to be impartial when investigating their own, it was almost inevitable that when an investigation did not recommend prosecution or disciplinary action, that claims of bias would be levelled at them.
In New Zealand, this burst into public consciousness during the 1981 Springbok Tour. While unable to review individual decisions regarding prosecution, the report of Chief Ombudsman Sir George Laking, questioned aspects of the police handling of the complaints made against them and called for greater civilian oversight.
It is often the case that events in one jurisdiction are mirrored in others. In the same year that New Zealand faced the Springbok Tour, Britain faced the Brixton Riots. The report by Lord Scarman recommended that complaints against police should be overseen by an independent authority.
The solution adopted in Britain in 1985—a separate authority that largely oversaw the investigations the Police continued to carry out—was that which was implemented here in 1989. Effectively, the Authority was an "Ombudsman for Police Conduct" but unlike the Office of the Ombudsman, the Authority did not have its own investigators.
Under the stewardship of the Sir Peter Quilliam, Sir John Jeffries, Judge Neville Jaine and Judge Ian Borrin, all of whose work I wish to acknowledge, the Authority achieved a great deal. As Sir Rodney Gallen, who is also here tonight, and who reviewed the Authority in 2000, noted:
"The authority in its review of the investigations carried out on its behalf by the police, has been a salutary reminder that investigations carried out will be looked at by an outside observer and there have been many occasions when the authority has required further investigations to be made before a conclusion was reached. The very existence of the authority is a reminder to the police service that its actions will be the subject of scrutiny in cases where complaint is made."
But it has become increasingly evident that the Authority's reliance on the Police to undertake most investigations had inherent disadvantages—for the complainants, for the authority, for the Police officers being investigated and for the Police officers investigating their colleagues. Sir Rodney put it succinctly when he said that to the outsider it just "looks wrong." On the three points that Lord Dholakia made to which I referred when starting, the perception remained that the Authority was not independent.
Subsequent to Sir Rodney's report, Dame Margaret Bazley, who is also here tonight, as a part of the Commission of Inquiry into Police Conduct she headed, also made significant recommendations regarding the Authority's operation. Most of the legislative changes were included in a Bill considered by Parliament while the Authority has been implementing those recommendations related to operational improvements.
It was a matter of significant progress then that on 11 September, I gave assent to the Independent Police Conduct Authority Amendment Act that, as of 29 November, renamed the Authority and gave it much wider powers. These changes mirror similar changes that have occurred in Britain and in similar mode here to that in Britain, there has been welcome by many with an interest in crime and justice. Interestingly, in both jurisdictions, the word "independent" was added to the name of the organisation to underscore the separation of the Authority from the Police.
In conclusion, this marks a new era for the IPCA, whose work is now superintended by Justice Goddard and Judge Lance, and will build on previous work to enhance its independence - including the Authority's move to appoint its own investigators in 2004. Combined with many significant initiatives implemented by Commissioner Broad, they will ensure that New Zealanders can have confidence that Police conduct is overseen by a genuinely independent, impartial and vigilant Authority.
On that note, I will close in Maori by offering greetings and wishing you good health and fortitude in your endeavours. No reira, tena koutou, tena koutou, kia ora, kia kaha, tena koutou katoa.