Public Reports

The Authority is required by section 32(1) of the Independent Police Conduct Authority Act 1988 to maintain secrecy in respect of complaints, and by section 23(2) to conduct its investigations in private. However it does have the discretion to publish public reports, under section 34 of the Act.

The majority of complaints considered or investigated by the Authority do not result in a public report containing findings or recommendations. Most are instead concluded by way of direct correspondence with the complainant.

The Authority receives approximately 2,000 complaints each year: in 2009 it produced 15 public reports. The Authority has nine investigative staff who handle the most serious complaints, such as those involving death, grievous bodily harm, or serious misconduct, and a further eight staff who review and manage other complaints.

The overriding criterion for determining whether or not a public report will be issued is that there is a public interest in the matter. For example, if a member of the public is killed as a result of Police action, or dies in Police custody, it is in the interests of both the public and the Police for the circumstances of that death to be not only independently investigated, but also publicly reported.

Other considerations involve whether the complaint has a particular feature of high public importance. For example, in 2009 a specialist report was produced on the incidence of fatal Police pursuits. There may also be cases where it is in the interest of an individual for the Authority to publicly report, if, for example, there are serious questions about the conduct of a very senior member of the Police.

An assessment of what constitutes the public interest does not necessarily equate to the degree of media interest.

In forming an assessment on whether or not to publicly report, the Authority also has regard to the realities of policing in New Zealand. The Authority is concerned with ensuring public confidence in the integrity of Police, by taking an independent oversight role. Police fulfill a unique position, undertaking difficult and at times dangerous duties which bring officers and non-sworn staff into contact with members of the public in sometimes trying circumstances. On occasions, the Authority will encounter instances where Police have not observed ‘best practice’ or there has been a ‘less than perfect’ moment during a complex investigation that was otherwise marked by exemplary performance. Where such management issues arise, the Authority is not inclined to publicly report its findings. Rather, it draws these matters to the attention of the officers concerned and to their supervisors, and makes any recommendations as appropriate.