6. NANDOR TANCZOS (Green) Link to this
to the Minister of Justice
Does he agree with comments made by the previous Minister of Justice, the Hon Phil Goff, when releasing the Review of the Police Complaints Authority, that “There is a strong public view that police investigation of complaints against themselves is neither independent or appropriate” and that “It is critical that there is full public confidence that such investigations are independent.”?
Hon MARK BURTONWhat steps is the Government taking to ensure that there is an independent investigation into the recent allegations that police have been obtaining so-called voluntary DNA samples through coercion—for example, the instance where a 17-year-old was pulled over for a minor driving offence, then told that a $400 fine would be waived if he gave a sample, and the instance where another 17-year-old was offered cigarettes in exchange for a DNA sample?
It is my understanding that either those matters are under investigation or there are appropriate channels to which a complaint can be made, such as the independent Police Complaints Authority.
Tariana TuriaTēnā koe, Madam Speaker; tēnā tātou. Is the Minister aware that the Police Complaints Authority investigation into the death of Mr Wallace, who was shot by police in Waitara in April 2000, cannot proceed until there is a finding from the coroner, and does he believe that it is appropriate for the Wallace whānau to have to wait 6 years for a finding; if not, what will he do about it?
It is not my practice to comment on cases that are currently under consideration before those jurisdictions, but it is not unusual when an inquiry is in progress in one jurisdiction for the independent Police Complaints Authority to delay its consideration until the finding is available from that other jurisdiction.
Keith LockeHow many of the 2,496 cases accepted for investigation by the Police Complaints Authority in the last financial year did not involve and rely on police officers doing much of the authority’s investigation, and, in relation to that, does the Minister accept the main thrust of Justice Gallen’s review of the Police Complaints Authority, which is that the authority should have its own investigatory capacity, rather than rely on one part of the police to investigate the same institution?
I do not have the actual numbers with me, but I certainly accept the general thrust of Justice Gallen’s report. That is why the Government moved to put in place independent inquiry capability with the independent Police Complaints Authority. It is already done, already funded—particularly targeted at serious inquiries.
Tēnā koe. Has the Minister read Māori Perceptions of the Police, which reports a very strong perception from Māori that the Police Complaints Authority would be self-protecting and biased in favour of the police, should Māori bring a complaint against the institution or individuals within it; and what assurance can he provide to Māori that this is not the case?
I understand that that may be the perception of some, but I think a study that dealt with the authority showed overwhelmingly that investigations by the police have been thorough and fair, and that supervision by the authority, in particular, has been effective. That is the overwhelming experience. As I said before, in reply to the previous supplementary question, the Government has already implemented the recommendation in Justice Gallen’s report that the authority have independent investigative capability—it does, in particular for serious cases. I think that should further reinforce public confidence.
Madam SPEAKERWill the Government reconsider its decision to put the Independent Police Complaints Authority Amendment Bill on hold until the Bazley inquiry has presented its findings, which were initially due in November 2004, but were then extended to February 2005, then extended to May 2005, then extended to March 2006, then extended to May 2006, then further extended until September 2006; when does the Government envisage that we will see the outcome of that inquiry, and when will this Parliament see the Independent Police Complaints Authority Amendment Bill progress through this House?
As I think the member will appreciate, the decision to delay progressing the bill, which is ready for its Committee stage, until the outcome of that inquiry was made, I think, correctly, because it is likely that relevant recommendations will arise. However, given the necessary further delay, I am actively reconsidering that decision now.