Police commissioner stands by actions
WELLINGTON: Police commissioner Mike Bush is standing by the decision to not raise Louise Nicholas’ concerns with the panel that recommended Wally Haumaha for deputy commissioner, because they were not relevant.
And he says he would still recommend Mr Haumaha for the role today, despite Mr Haumaha’s connections with New Zealand First, Ms Nicholas’ concerns that it would undermine progress in police culture, and allegations of bullying that are still under investigation.
His comments follow the release of an inquiry, by Mary Scholtens QC, that cleared the appointment process of any wrongdoing.
‘‘There was no available and relevant information omitted from the process . . . Unsubstantiated concerns and innuendo should not impede an appointment,’’ her report said.
It also noted the State Services Commission raised Mr Hauma ha’s possible candidacy for NZ First with Police Minister Stuart Nash, but Mr Nash did not inform the appointment panel because he did not consider it relevant.
Mr Nash and Prime Minister Jacinda Ardern would not endorse Mr Haumaha yesterday, citing the ongoing investigation by the Independent Police Conduct Authority into bullying allegations against Mr Haumaha from incidents in 2016.
The Scholtens report found the allegations were not relevant to the appointment process because no formal police complaint was laid, and it was reasonable for Mr Bush to believe that Ms Nicholas’ concerns — which he thought were resolved — were not relevant to Mr Haumaha’s appointment.
Her concerns centred on comments Mr Haumaha allegedly made to Operation Austin in 2004, which investigated rape allegations and led to a Commission of Inquiry to improve police culture and behaviour towards women.
The report said that Mr Haumaha denied telling Operation Austin that police should ‘‘stick together’’ when Nicholas first accused a trio of police officers of raping her, and doubted he would have described her allegations as ‘‘nonsense’’.
Mr Bush knew of Ms Nicholas’ concerns about Mr Haumaha in 2015 when they were raised during the appointment process of Mr Haumaha to assistant commissioner.
But he believed they were dealt with at the time and did not raise them with the deputy commissioner appointment panel, even though Mr Nash had raised ‘‘rumours’’ about Mr Haumaha with Mr Bush.
‘‘During the appointment process, the Minister specifically raised [this] with the commissioner of police . . . The commissioner assured the minister that he was not aware of any issues of concern,’’ the report said.
Yesterday, Mr Bush stood by his decision not to raise her concerns with the panel, despite panel members saying it would have been prudent to do so.
‘‘The report goes to the heart of that. The process was sound, and no relevant information was omitted from the process,’’ Mr Bush said.
He would not say when Mr Haumaha might return to deputy commissioner duties.
‘‘We need to have an understanding on where the IPCA report will go and we have no indications at the moment.
‘‘It’s inappropriate to talk about that report, but all going well, at some stage deputy commissioner Haumaha will be back at work.’’
The Scholtens report said even if Mr Bush knew Ms Nicholas still had concerns, he did not think they were relevant to the merits of the appointment.
But state services commissioner Peter Hughes and deputy commissioner Debbie Power — who were on the appointment panel with Mr Bush — disagreed.
‘‘Both Mr Hughes and Ms Power thought it would have been prudent for the commissioner to have advised the appointment panel, even if he understood Ms Nicholas’ concerns had been resolved,’’ Ms Scholtens wrote.
It may have led to changing their recommendation, but Ms Scholtens said an investigation would have shown that ‘‘there is no evidence to give any substance to Ms Nicholas’ concerns’’.
National Party police spokesman Chris Bishop said Mr Bush should have told the panel and the panel could have decided what was relevant.
He said the inquiry was only ever about the process, and the real question was Mr Haumaha’s suitability for the role.
‘‘Is the Prime Minister comfortable having deputy commissioner Haumaha, who has allegedly said a number of [questionable] things around Operation Austin, is also under investigation by the IPCA for bullying allegations, and has political ties to NZ First?’’
Mr Bishop also said Mr Nash should also have raised Mr Haumaha’s connection to NZ First with Cabinet.
Mr Nash said the deputy police commissioner should be politically independent, but would not say whether he informed Cabinet, referring only to the report’s conclusion that the panel had all relevant information.
Mr Bush would also not say when he first became aware of Mr Haumaha’s connections with NZ First, noting the report’s conclusion.
Mr Haumaha released a statement yesterday, saying he was happy the report was released.
‘‘It has not been easy for anyone, as I know from my own weeks and months waiting for the outcome.’’ — NZME