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Mana Whanonga Pirihimana Motuhake

Victim dissatisfied with Police handling of a prosecution

1 September 2020

The Authority oversaw a Police investigation into a complaint alleging a Police prosecutor misrepresented what was going to happen to the defendant. At court the prosecutor amended the original charges and agreed to diversion for the defendant. The complainant considered that a dangerous driving charge should not have been reduced to careless driving and that an assault charge should not have been withdrawn. The complainant also said she had not been consulted about the defendant receiving diversion and had been told by the prosecutor that the defendant would still receive a conviction.

The Police investigation reviewed the case and found that there had been sufficient evidence to support the original charges but accepted that the prosecutor had made the decision to amend the driving charge after considering relevant case law. It found that inappropriate diversion conditions were accepted, and the prosecutor had not consulted the complainant.


Police have upheld the complaint and apologised to the complainant. The Authority has reviewed the matter and agrees with the outcome.



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