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Commission of Inquiry Into Police Conduct H.2 REPORT OF THE COMMISSION OF INQUIRY INTO POLICE CONDUCT 7(.Ņ0,+$1$7,527,52:+$121*$3,5,+,0$1$ QQQQQQ VOLUME 2 $33(1',&(6 QQQQQQ March 2007 COMMISSION OF INQUIRY INTO POLICE CONDUCT 7H .ņPLKDQD 7LURWLUR :KDQRQJD 3LULKLPDQD Commissioners from 18 February 2004 to 2 May 2005 Honourable James Bruce Robertson, Chairperson Dame Margaret Clara Bazley DNZM from 2 May 2005 Dame Margaret Clara Bazley DNZM Title: Report of the Commission of Inquiry into Police Conduct Volume 2: Appendices Author: Dame Margaret Bazley (Commission of Inquiry into Police Conduct) Publisher: Commission of Inquiry into Police Conduct Place of publication: Wellington, New Zealand Date of publication: March 2007 ISBN 978-0-477-10037-3 March 2007 Contact agency: Department of Internal Affairs Te Tari Taiwhenua PO Box 805 Wellington New Zealand QQQQQQ – TABLE OF CONTENTS – VOLUME 2: APPENDICES List of appendices .............................................................1 – APPENDIX 1 – TERMS OF REFERENCE 4 Appendix 1.1: Order in Council, 18 February 2004....................................4 Appendix 1.2: Order in Council, 2 May 2005 ........................................9 – APPENDIX 2 – PROCESSES OF THE COMMISSION 13 Commencement of the inquiry ..................................................13 Parties to the inquiry and their legal representation ...............................13 Commission’s first public meeting, 22 March 2004 ................................14 Expressions of interest .....................................................14 Support for inquiry participants ...............................................16 Clarification of the Commission’s initial approach....................................16 Subjects of the original complaints ............................................17 Amendment to the Police Complaints Authority Act ...............................17 Interface between the Commission and the ongoing criminal investigations ............18 Commission adjournment at 27 August 2004 ....................................18 New directions to the Commission – May 2005 Order in Council ........................19 Police investigation files provided to the Commission ................................20 Operation Loft files ........................................................20 Further information provided by the police ......................................21 Processes under the Commission’s revised mandate ................................22 Commission hearings ......................................................23 Use of police files .........................................................25 Summary of Commission processes since May 2005 ................................25 Reporting process............................................................26 – APPENDIX 3 – COMMISSION RULINGS AND MEMORANDA 28 Appendix 3.1: Commission ruling, 16 April 2004.....................................29 Appendix 3.2: Commission ruling, 28 May 2004.....................................35 Appendix 3.3: Commission ruling, 27 August 2004 ..................................38 Appendix 3.4: Commission ruling, 22 November 2005................................56 Appendix 3.5: Commission memorandum, 15 December 2005 .........................58 Appendix 3.6: Memorandum of advice, 15 February 2006 .............................66 Appendix 3.7: Commission memorandum, 28 July 2006 ..............................75 Appendix 3.8: Commission memorandum, 13 October 2006 ...........................86 Appendix 3.9: Commission memorandum, 25 January 2007 ..........................110 Report of the Commission of Inquiry into Police Conduct | Appendices RRRi &RQWHQWV – APPENDIX 4 – NEW ZEALAND POLICE: BACKGROUND INFORMATION AND RECENT INITIATIVES 115 Structure and operation of New Zealand Police ....................................115 Police initiatives since the establishment of the Commission of Inquiry into Police Conduct . 117 – APPENDIX 5 – WITNESSES APPEARING BEFORE THE COMMISSION 119 – APPENDIX 6 – SOURCE DOCUMENTS 121 – APPENDIX 7 – COMMISSION ESTABLISHMENT 123 LIST OF ABBREVIATIONS ....................................................126 NOTES FOR READERS......................................................127 ii RRR Appendices | Report of the Commission of Inquiry into Police Conduct QQQQQQ LIST OF APPENDICES APPENDIX 1: TERMS OF REFERENCE The terms of reference for the Commission of Inquiry into Police Conduct were given by Order in Council on 18 February 2004 (see Appendix 1.1). A subsequent Order in Council on 2 May 2005 modified the directions to the Commission of Inquiry into Police Conduct, and its membership and reporting time (Appendix 1.2). Appendix 1.1: Order in Council, 18 February 2004 Terms of reference for the Commission of Inquiry into Police Conduct at the time of its constitution by Order in Council, 18 February 2004. Appendix 1.2: Order in Council, 2 May 2005 Directions to the Commission of Inquiry into Police Conduct, and modification of its membership and reporting time, given by Order in Council, 2 May 2005. APPENDIX 2: PROCESSES OF THE COMMISSION This appendix is the detailed account of the processes of the Commission of Inquiry into Police Conduct. It adds to the information presented in Chapter 1 on the course of the inquiry. APPENDIX 3: COMMISSION RULINGS AND MEMORANDA Rulings and memoranda by the Commission of Inquiry into Police Conduct, from 16 April 2004 to 28 July 2006. Those that can be made public are published as Appendices 3.1 to 3.9. Appendix 3.1: Commission Ruling, 16 April 2004 Ruling of the Commission of Inquiry into Police Conduct, 16 April 2004. This deals with the parameters and time frame of the inquiry. Appendix 3.2: Commission Ruling, 28 May 2004 Ruling of the Commission of Inquiry into Police Conduct, 28 May 2004. This deals with a time frame for hearings and confidentiality for persons giving evidence. Appendix 3.3: Commission Ruling, 27 August 2004 Ruling of the Commission of Inquiry into Police Conduct, 27 August 2004. This deals with private and public hearings; name suppression; and the possible effects of the Commission’s planned programme on current police investigations and criminal processes, and the consequent need to amend the work programme of the Commission. Report of the Commission of Inquiry into Police Conduct | Appendices RRR1 /LVWRI$SSHQGLFHV Appendix 3.4: Commission Ruling, 22 November 2005 Ruling of the Commission of Inquiry into Police Conduct, 22 November 2005. This deals with a proposal to seek information from people involved in supporting those who have complained of sexual assault. Appendix 3.5: Commission Memorandum, 15 December 2005 Memorandum of the Commission of Inquiry into Police Conduct re Jurisdiction in relation to the Police Complaints Authority, 15 December 2005. This appendix includes the memorandum of the Commission of 15 December 2005 and a memorandum of advice for the Commissioner by Mr Douglas White QC, dated 14 December 2005. Appendix 3.6: Memorandum of Advice, 15 February 2006 Use of and reliance on the Commissioner’s knowledge and experience for the findings and recommendations in the report of the Commission of Inquiry into Police Conduct, a memorandum of advice for the Commissioner by Mr Douglas White QC, 15 February 2006. This appendix includes a submission to the Commissioner by counsel assisting, 13 January 2006. Appendix 3.7: Commission Memorandum, 28 July 2006 Memorandum of the Commission of Inquiry into Police Conduct re jurisdictional and statutory issues regarding the Police Complaints Authority, 28 July 2006. This appendix includes the memorandum of the Commission of 28 July 2006 and a memorandum of advice for the Commissioner by Mr Douglas White QC, dated 28 July 2006. Appendix 3.8: Commission Memorandum, 13 October 2006 Memorandum of the Commission of Inquiry into Police Conduct re new material in the Commission’s report, 13 October 2006. This appendix includes the memorandum of the Commission of 13 October 2006 and a memorandum of advice for the Commissioner by Mr Douglas White QC, dated 12 October 2006. Appendix 3.9: Commission Memorandum, 25 January 2007 Memorandum of the Commission of Inquiry into Police Conduct relating to matters raised by Counsel for New Zealand Police at the hearing of 11 December 2006. APPENDIX 4: NEW ZEALAND POLICE: BACKGROUND INFORMATION AND RECENT INITIATIVES This appendix supplies more information about the police to provide further context to the processes and findings of the Commission of Inquiry into Police Conduct. It also summarises certain initiatives undertaken by New Zealand Police since the establishment of the Commission of Inquiry into Police Conduct aimed at strengthening aspects of the police management and investigative processes. 2 RRR Appendices | Report of the Commission of Inquiry into Police Conduct /LVWRI$SSHQGLFHV APPENDIX 5: WITNESSES APPEARING BEFORE THE COMMISSION This appendix lists 45 named witnesses appearing before the Commission of Inquiry into Police Conduct. Names of submitters and supporters are not included for reasons of privacy. APPENDIX 6: SOURCE DOCUMENTS This appendix lists the documents reviewed by the Commissioner during the course of the Commission of Inquiry into Police Conduct. APPENDIX 7: COMMISSION ESTABLISHMENT This appendix lists people and organisations that assisted the Commission at various times throughout the course of the inquiry. LIST OF ABBREVIATIONS NOTES FOR READERS Report of the Commission of Inquiry into Police Conduct | Appendices RRR3 QQQQQQ – APPENDIX 1 – TERMS OF REFERENCE The
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