Govt was warned on human rights issues

There has not been time to consult Ma¯ori . . . Treasury

Treasury offered harsh criticism of the Government’s policy to tackle gangs in a paper earlier this year, warning the speed at which it was progressing meant human rights issues weren’t addressed and the proposals might conflict with the Government’s own justice goals.

In advice offered ahead of the Cabinet meeting when the policy was agreed in July, Treasury warned that the speed at which the proposals had been developed meant they had not been given full scrutiny. This meant there were questions around human rights and impacts on Māori that had not been fully worked through before the proposals went to Cabinet.

The paper, released to the Herald under the Official Information Act, also warned that officials had not properly worked out whether the proposals would actually work and that they appeared to contradict the Government’s criminal justice strategy. “It is unclear what work is being done to mitigate this risk,” officials warned. Treasury nevertheless supported progressing the paper, as long as ministers noted those specific objections.

The paper was developed under urgency after Chris Hipkins took over the police portfolio from Poto Williams and Kiri Allan inherited the justice portfolio from departing MP Kris Faafoi.

Labour had been under attack from National for weeks on perceived inaction on gang activity.

The policy gave new targeted warrant and additional search powers to find and seize weapons from gang members during a gang conflict, expanded the range of offences where police can seize and impound cars and other vehicles, and allowed police and other agencies to seize cash over $10,000 when found in suspicious circumstances.

Treasury was scathing about the lack of analysis done on the proposals. “Neither analysis of the financial implications of these proposals, nor a regulatory impact statement have been completed”.

A later analysis of the proposals, drawn up by the Ministry of Justice, warned that parts of the strategy, specifically increased search powers directed at gangs, could “negatively impact” the work the Government was doing to work with gangs, under the “Resilience to Organised Crime in Communities” strategy, “which focuses on working more directly with gangs to lessen gang harm, including providing alternative pathways to gangs and pathways out of gangs”.

“Searches of gang whānau homes, for example, are likely to damage these relationships and erode trust. The proposed new powers would need to be exercised carefully to encourage the long-term and shortterm outcomes sought by both the new powers and existing programmes to reduce gang harm.”

Treasury also noted there were unanswered questions about human rights implications “and the possible risk that some of the policies may disproportionately impact Māori or conflict with the equity principle of te Tiriti o Waitangi”.

“The paper also notes there has not been time to consult Māori on the proposals.”

Attorney-General David Parker later vetted legislation giving effect to the changes and determined it to be compliant with the Bill of Rights.