Police and electoral law

August 30th, 2014 at 9:00 am by David Farrar

Idiot/Savant at NRT blogs:

In 2007 Parliament passed the Electoral Finance Act. One of the changes it made to our electoral law, retained in the subsequent amendments, was to massively increase the penalties for electoral offences. The penalty for a corrupt practice was doubled, from one to two years imprisonment. That for an illegal practice was increased from a $3,000 to a $40,000 fine. The message was clear: Parliament took electoral offending seriously.

Meanwhile, police have stopped prosecuting them entirely.

According to an OIA sent via the FYI system, not a single case resulting from the last election or subsequent by-elections has resulted in prosecution. Instead, police have dealt with even clear cases of double voting with warnings. Eighteen months ago they hadn’t even done that, so its hard to see it as anything other than a conscious push to clear cases off the books, to tick the “resolved” box so the stats look good.

The police’s excuse is that offenders are mostly first-timers and that warnings are appropriate. That may be true in the case of double voters (but even so…). But its certainly not true in the case of political parties violating advertising and donations law.

The Police have failed to do anything for the 2005, 2008 and 2011 elections. Under my version of three strikes, they should be out, and prosecution should transfer to another entity. Even worse than their failure to investigate cases, is the fact they when they did investigate (in 2005) they totally misinterpreted the law, made the most basic errors, and didn’t even understand concepts such as strict liability.

It is time for things to change. When Parliament reviews the 2014 election, they should recommend that the Police no longer be the body to make decision on electoral law prosecutions. It should either go to Crown Law, or rest with the Electoral Commission itself. Also the Electoral Commission should have the power to issue minor fines for minor breaches.

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Party Police want no new bars in Auckland for six years!

August 1st, 2014 at 9:00 am by David Farrar

I hate that the Police have become the wowsers of New Zealand. Well, not quite. They all enjoy a drink themselves, but advocate nanny state for everyone else.

Radio NZ reports:

The police are proposing a six-year ban on any new bars and bottle stores in central Auckland and other regional hot-spots.

Why not just go back to prohibition also.

As a minimum, police want a freeze on the number of liquor licences in some areas. But they would rather have a sinking lid policy, under which no new licences are given even if other bars or shops close down.

Which will probably just lead to more drinking in cars, parks and homes.

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Offensive idiocy

July 9th, 2014 at 3:00 pm by David Farrar

Stuff reports:

Canterbury Television was blocked by police from covering an earthquake memorial event at its former site after an apparent government blunder.

The Department of Internal affairs has apologised to Canterbury Television (CTV) after journalists were turned away from covering the arrival of Japanese Prime Minister Shinzo Abe yesterday.

Abe and his wife, Akie Abe, paid tribute to the people who died in the CTV building during the Christchurch earthquake. The pair laid a wreath at the site.

The building was where 115 of the 185 people who died in the February 2011 earthquake died.

Among those victims were employees of the station and 28 Japanese students*.

However, CTV’s head of news and content, Jacqui Shrimpton, said it received no notice of the site visit or what it entailed from the Department of Internal Affairs, which managed the event’s media coverage.

It is possible the DIA doesn’t have list or contacts for regional media, and just uses a national media list. But regardless, they should have regional media lists.

When a CTV journalist and cameraman arrived they had been ejected by police because their names were not on the list, Shrimpton said.

“We are frustrated and disappointed to not have been invited and were embarrassed in front of Christchurch media to have been sent away.”

Police had been apologetic, but strict security meant they could not allow the journalist and cameraman to stay.

The Police need to take some of the blame also. There’s a time to follow orders blindly, and there’s a time to use some discretion. At a minimum the officers should have checked higher up the line, until someone with authority could say of course you should let CTV staff in, so long as they have ID (which they would have).

The combination of the DIA oversight and the Police inflexibility combined in what really was a quite offensive way, albeit unintentionally – blocking CTV from covering a memorial at their own former site.

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Again, time to sack the Police

July 3rd, 2014 at 10:00 am by David Farrar

NewstalkZB reports:

The Electoral Commission is saying nothing about apparent police inaction on breaches of the electoral law.

 Information provided by the Commission reveals that since the beginning of 2011 there have been 113 breaches of the Electoral Act that it’s referred to police for investigation.

Not one has resulted in a prosecution.

The Electoral Commission has declined to be interviewed about the matter.

The agency says what happens once it makes referrals, is a matter for police.

I’ve been going on about this since 2006. The Police failed to prosecute in 2005, 2008 and 2011. Three strikes and you’re out. Their non enforcement of electoral law, seriously undermines our electoral system. It’s time for another agency to be given the job.

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Police electoral prosecutions

June 10th, 2014 at 12:00 pm by David Farrar

One News reports:

The Police Association is signalling police will take a tougher line over complaints of a political nature following the John Banks donations case.

Isn’t that a statement that the Commissioner should make, not the union? I’m a fan of the Police Association, but AFAIK they don’t decide prosecutions.

Police Association President Greg O’Connor has told ONE News the case has taught the police a lesson.

Mr O’Connor says he thinks in the past there has been a tendancy in the police to think of such cases as political spats with no winners, and that whatever the police do, they’re going to get criticised.

“So best just do the investigation and don’t get involved in any political stoush,” he says.

Sadly this is right. Their decisions around the 2005 over-spending were disgraceful, and showed not just cowardice but great ignorance of the actual law.

“I think this case has changed the game and I think from now on every case, every complaint will be looked at very differently.”

Mr O’ Connor says “the ante has been upped” and the police may well need to set up some more specialist ability to investigate such complaints.

Well overdue. They haven’t even made decisions on most of the 2011 cases referred to them by the Electoral Commission. Their inaction makes electoral law a farce.

Labour’s Justice spokesman Andrew Little says the police seem to find it difficult to make the judgement call on whether or not to prosecute over political complaints.

Mr Little says a new body could be established or a new unit set up within the Electoral Commission to deal with these cases.

I’ve long advocated that. Have submitted to the last two general elections reviews on it. But none of the parties in Parliament have ever backed a change to remove prosecutions from the Police. It would be a good thing if they do.

But Greg O’Connnor says that would be just adding another layer of bureaucracy.

“Look, all these different bodies that are set up, usually they’re done because you can’t trust the current investigative body,” he says.

Well the Police have shown themselves unwilling or incompetent in 2005, 2008 and 2011 when it comes to electoral law investigations. I say three strikes and you’re out.

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A good appointment

February 26th, 2014 at 12:00 pm by David Farrar

Anne Tolley announced:

Police Minister Anne Tolley has announced the appointment of current Deputy Commissioner Operations, Mike Bush MNZM, as the next Commissioner of Police.

Mr Bush, who has a wide range of operational experience both in New Zealand and overseas, has been appointed for a three-year term which commences on 3 April 2014.

Mr Bush has been Deputy Commissioner Operations since April 2011, and through Prevention First and Policing Excellence has managed a change programme in Police which has contributed to a 17.4 per cent drop in recorded crimes over the past three years.

He has held challenging roles in rural, provincial and urban areas, and as District Commander in Counties Manukau he pioneered the implementation of Neighbourhood Policing Teams, which have successfully been introduced across the country.

Mr Bush was responsible for planning and operations for the 2011 Rugby World Cup, and also led the rollout of smartphones and tablets for frontline staff which has contributed to an additional half a million frontline crime prevention hours each year.

As Police Liaison Officer for South East Asia, Mr Bush was the first New Zealand official to reach Phuket following the devastating 2004 Boxing Day tsunami, and was awarded the MNZM for his work during the operation.

Bush is very popular with rank and file police, and I place great store in their opinion. He also produced outstanding results at Counties Manukau District Commander.

His comments on Bruce Hutton as Hutton’s funeral, was a error of judgement and he has apologised for them. But I am glad they did not stop him getting the job. 35 years of excellent service should not be over-shadowed by one eulogy.

Retiring Commissioner Peter Marshall was also a popular top cop with the rank and file, and he produced some good results during his tenure. I hope Mike Bush will be able to do the same.

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Blaming the Police

February 19th, 2014 at 11:00 am by David Farrar

Stuff reports:

The family of slain gunman Antony Ratahi are still seeking answers almost three years after he was shot dead by police.

They say they are considering mounting a legal case against police over the shooting, but they are waiting for the release of the Independent Police Conduct Authority’s investigation.

Ratahi, 46, of Stratford, was killed after a 13-hour standoff with armed police at Opunake’s Headlands Hotel in July 2011.

He had a firearm, barged into the restaurant and barricaded himself inside the building with his former girlfriend Marcelle Beer. Police launched three separate investigations into the incident.

I’d say the best way not to get shot by the Police is not to kidnap your ex-girlfriend who has a protection order against you, and hold her hostage at gunpoint.

In May 2012 it was revealed 14 members of the armed offenders squad had been drinking before the siege.

By the end of the siege I’d say any effects would be long gone.

Ratahi’s eldest daughter, Cassia Proebstel, told the Daily News the family had been approached by a couple of lawyers keen to take a case against police.

I’m sure they were.

The police investigation found Ratahi’s shooting was lawful and justified, the officer who fired the fatal shot, the AOS commander and Special Tactics Group commander, who were in control of the situation, had not been drinking.

So seems a bit of a red herring.


Police want 3 am closing time for Wellington

January 8th, 2014 at 9:04 am by David Farrar

Stuff reports:

Thirty five people were fined for breaching liquor laws and dozens of others warned on New Year’s Eve alone, but police and Wellington City Council say the new rules are working well.

New liquor laws that came into effect on December 18 include a 4am closing time for bars, 11pm cutoff for supermarkets selling alcohol, and fines of between $250 and $2000 for breaches of the liquor ban.

The council has drafted a local alcohol policy which extends opening hours to 5am, but the policy has still to go through an approval process – and police are planning to appeal against it.

Inspector Terry van Dillen said the police view was that a 3am closing time for bars and a 9pm cutoff for off-licence liquor sales would be ideal.

“We believe 3am is a good figure – if people want to party, they can party from 9pm to 3am, they’ve just got to change their views from partying from midnight till 7am.”

I wish the Police would stick to their jobs and not try to become like the Mutaween. It is not their job to decide people must stop dancing in town by 3 am.

I’ve often been in town after 3 am. You may be at a function until around 11 pm, and then want to head out with a few friends to carry on talking and drinking. We’re not being rowdy, not drunk, not causing problems – just enjoying some drinks and conversation. On other occasions we may mix that in with some dancing, which you know is legal and okay to do after 3 am.


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Always check where you might land

November 29th, 2013 at 10:00 am by Jadis


A South Auckland teenager ended up on the wrong side of the law, when he jumped the fence into the local police station while trying to escape officers.

Police were called to the Papakura Countdown supermarket around 6.45pm last night in response to a group of youths who were intimidating customers and washing windows in the carpark.

The group fled from police and one 14-year-old boy evaded officers by climbing over a nearby fence.

Unfortunately for the young man it was the fence of the Papakura Police Station.

“Unsurprisingly, he was quickly apprehended by police staff,” said Area Commander Jim Searle.

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Police need to do better

November 20th, 2013 at 2:00 pm by David Farrar

Stuff reports:

Senior police did not closely watch a corrupt officer within their ranks after a woman accused him of indecency – because they knew nothing of her complaint.

Sources have told The Press that Gordon Stanley Meyer’s supervisors at Christchurch South police station were not told about the 2007 complaint until after his 2011 offending came to light.

Police National Headquarters said last night there were no “lawful grounds” to tell them about it.

This is bureaucratic nonsense. There may be no lawful grounds to discipline an officer over the earlier complaint, but that is very different from not noting it on his file, and ensuring his supervisors are aware of it.

The senior constable accepted an offer of oral sex to let a 23-year-old woman off a drink-driving charge in September 2011 and touched an 18-year-old’s breasts in a patrol car in April 2011.

After his guilty pleas, police revealed a woman made a complaint six years ago that Meyer indecently touched her in a public place, also while he was on duty.

Police investigated, but found there was insufficient evidence to prosecute or discipline Meyer.

Police Assistant Commissioner Grant Nicholls told Radio NZ that Meyer was not issued a warning over the 2007 complaint, nor was a monitoring programme put in place. “You would have thought he would have heeded the warning of the inquiry. Obviously he didn’t.”

You would have thought the Police would make a file note!

When asked why Meyer’s supervisors were not informed of the 2007 complaint, a police spokesman said: “Police are bound by the same laws as any other employer. In the absence of sufficient evidence in either the criminal or employment context police had no lawful grounds to take the measures … outlined.”

This is where the Police have it wrong. There is a difference between the level of proof needed to take action, and to inform supervisors.

The principal of the Northland school who didn’t tell anyone about the complaint about his deputy principal was castigated by everyone for his failure. The Police seem to be doing the same.

The 2007 Bazley report recommended that all relevant information to give a “complete picture of an officer’s full record of service” should be accessible to supervisors when making appointments, monitoring performance and investigating complaints.

A police spokesman said they had until 2017 to implement the recommendations.

They should get on with it.


A responsive Commissioner

November 11th, 2013 at 9:00 am by David Farrar

I criticise the Police when they deserve it. For over a decade I’ve been critical of how they (don’t) prosecute electoral law offences and have called for that power to be removed from them. And the failure to promptly disclose that there had been complaints about the Roast Busters members previously was a massive fail for them.

However the details of this story in the Herald are grounds for praise, not criticism, of the Commissioner.

The Herald reports:

Police Commissioner Peter Marshall – whose department is under fire for its handling of the Roast Busters affair – today personally phoned a man who has been publicly criticising the police over the matter. …

Mr Marshall called the person because they had lodged a complaint via the police website on Thursday in relation to police behaviour at Police National Headquarters. The person had provided their full name, address and phone number, the spokeswoman said.

“The Police Commissioner and other executive members are provided with copies of relevant expressions of praise or complaints and the Commissioner often personally follows up the matters raised with individuals, if they have supplied their contact details”, the spokeswoman said.

I think there are three things worth praising here.

  1. That feedback on the Police that people provide through the Police website actually goes to the Commissioner and Executive – not just to some PR flunky
  2. That the Commissioner will actually respond personally to a serious complaint, rather than be an out of touch desk jockey
  3. That the Commissioner was working on a Sunday

I wish more leaders would do that.

The man – who comments on Russell Brown’s Public Address blogsite under the username Kracklite – has over the last week criticised the police as an “organised pack” of misogynists with a “very sick culture” who had destroyed the public’s trust in them.

This afternoon, after criticising Mr Marshall’s performance when he was interviewed on television’s Q+A earlier today, he posted that Mr Marshall had just phoned him directly.

“I hung up immediately when he identified himself,” the man posted.

That’s rather rude. Maybe he got a bit paranoid and thought the call was in relation to his pseudo-anonymous comments on Public Address, rather than his filling in an official Police feedback complaint form – but if he hadn’t hung up immediately then he could have discovered that.

“Given the serious allegations in this particular complaint, the Commissioner phoned the individual, using the contact information they had supplied, in order to discuss the matter further. The Commissioner only got as far as identifying himself before the individual hung up, saying he did not want to speak to him further.”

Why fill in a complaint form making serious allegations, and providing your contact details, if you don’t want a response?

The Police have not handled the Roast Busters saga at all well. I certainly have several questions about why they didn’t take other action against the youths, short of prosecution. The IPCA report will be most interesting, and there are legitimate questions over the Police culture.

But I don’t believe in beating up on the Commissioner for being responsive to a complaint, as some were doing on Twitter yesterday. Marshall is known to be very popular with the rank and file Police because he isn’t cloistered at Police HQ, but actually gets out and about. His phone call is part of that style.

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More on Roast Busters

November 7th, 2013 at 5:50 am by David Farrar

3 News last night reported:

Ever since 3 News broke the story of the west Auckland Roast Busters, police have maintained they couldn’t prosecute the underage sex gang until they received a complaint from a victim.

Tonight it can be revealed the police did receive a complaint from one girl; two years ago.

The girl, now 15, says she felt it was her word against the Roast Busters and no charges were laid.

“This is my chance to say something. I couldn’t do anything two years ago. I want to do something now,” she told 3 News, in the presence of her mother and sister.

She wanted to be identified, but for legal reasons she is unable to be shown or named. She says she was sexually assaulted by the Roast Busters when she was 13.

“Joseph was on my left side. Tristram was on my right. And Beraiah was on top […] I was a virgin.”

She says she was “terrified”.

“I started crying and was asking Beraiah to hop off and I was scared and stuff […] I was more traumatised that I was 13 and losing my virginity.”

She says she was telling them to stop and get off her, but they continued. It was Joseph, she says, who eventually stopped it.

“He said ‘Beraiah get off her or you’ll be done for rape’ […] He said ‘oh shit’, and hopped off.”

She believes she was one of the first victims. Afterwards, she blamed herself. She stopped eating and it took weeks to tell her family.

They immediately took her to the police, where she says she laid a complaint. Her brother handed over the boys’ names and addresses to the detective.

“I had a video interview where I had to act out what had happened with dolls […] It was traumatising.”

But, apparently, it wasn’t enough. She said she felt like it was her word against the Roast Busters.

“They said that I didn’t have enough evidence to show. Because I went out in clothes that was pretty much asking for it. […] I was asked a lot of questions about what I was wearing, and I went out in a skirt.

“If it was me, it could be any of my friends. I knew it would carry on ,” she says. 

“I can’t believe nothing was done then. From then I have had my friends sexually abused by them. How many girls have been raped? I have seen posts done by girls saying Roast Busters ruined their lives […] They’ve gotten away with so much.”

The girl plans to lay another complaint with police tomorrow.

There may be two sides to this story but one the face of it, this is appalling. Regardless of any issues around proving consent, this doesn’t apply as she was 13. I can’t understand how this did not lead to a prosecution.

It is good the complaint is being re-laid.  The challenge for the Police is to convince people that the culture that was evident in some (not all) areas of the Police with regards to sexual violence and women in the past, has been changed. It is not apparent it has. The sad thing with this is a number of female friends who have remarked that if they were raped as a young woman, they would not (or did not) go to the Police.
Of course it is not just the Police who may have a culture problem.  In this Stuff article, the “Roast Busters” are defended by some of their female friends:

The Roast Busters are being publicly defended by an unlikely source – their female friends.

The young women say the girls involved with the Roast Busters knew exactly what they were getting into. Many of the girls had group sex with the gang more than once, showing that they were willing participants, the friends claim.

Many, is not all. It doesn’t matter if 95% were willing participants if 5% were not.

Hargreaves and four of her friends appeared on TV3 last night, speaking out on behalf of the group. They said Hales and Parker were “not rapists” but “cool dudes”, and that drunken group sex was actually “normal in West Auckland”.

“Not for everybody though it’s just the young ones – 13 to 15-year-olds – that’s what they do”, one of the girls claimed.

That is very very sad. I’m sure not applying to all of West Auckland, but there is obviously a sub-culture where it is, and presumably huge peer pressure to conform.

UPDATE: Stuff now reports that the Police in fact had four complaints in the past about members of Roast Busters. This is a very serious situation for the Police as they had been saying that they could do nothing because there had been no complaints.

There are now multiple issues for the Police to deal with.

  1. Why did they say there had been no complaints, when there had been four? My assumption is a communications stuff up rather than malice, but it simply isn’t good enough. This information should have been made available to the hierarchy the moment the public spotlight turned on these West Auckland youths.
  2. Why were there no prosecutions in the past? Now we need to be careful here as the Police are independent and are the ones who have to weigh up whether a prosecution can succeed. And lack of consent can be very difficult to prove beyond reasonable doubt. However if the girls complaining were under 16, then the issue of consent is not necessary for a prosecution. Now again, some judgement here is needed. If two teenagers both aged say 15 and a half have consensual sex, and say the parents of the girl complain, I don’t see much merit in turning the 15 and a half year old boy into a criminal. But if the girls are themselves the complainants and they are aged under 16, then it seems a case for prosecution. Other factors can be the age difference. Two 15 year olds is different to say a 19 year old and a 14 year old.
  3. If there were four complaints, why did the Police not take some other action, short of prosecution. Were any of the young men interviewed and cautioned? That in itself would be a good way to scare them into not thinking it is okay to get young under age girls drunk so you can have sex with them.
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Police need to be better shots

October 25th, 2013 at 10:00 am by David Farrar

The Herald reports:

Police officers who chased and shot dead an armed teenager broke a number of police policies, but were justified in the shooting, a report into the incident concluded today.

Lachan Kelly-Tumarae, 19, died after being shot numerous times in a stand-off with officers in Hawkes Bay in March 2011.

The details are:

Mr Kelly-Tumarae had left his grandmother’s home in Flaxmere, in the early hours of the morning of Sunday, March 28, with his late-grandfather’s shotgun. He had both alcohol and cannabis in his system from the night before.

The teenager was spotted by a routine patrol crouching beside a car, and when they stopped, he approached and pointed the weapon at them.

The officers sped off and reported the incident to their communications centre.

An 18km pursuit through suburban Napier began after Mr Kelly-Tumarae drove away in his grandmother’s car and ended up outside the main entrance to the Omahu Marae Cemetery, west of Hastings, where his grandfather was buried.

The teen got out of the car with the shotgun and pointed it at an officer parked close by. A policeman in a second vehicle got out of his patrol car and aimed his Glock pistol at Mr Kelly-Tumarae, shouting “armed police”.

The 19-year-old ran towards the cemetery, then stopped and turned around, aiming his gun at the armed officer.

In that situation the Police had no option but to shoot him. If you have armed police telling you to surrender, you don’t point a gun at them. Mr Kelly-Tumarae is entirely responsible for his own death.

“Fearing that Mr Kelly-Tumarae was going to shoot him, the officer discharged a volley of shots. Mr Kelly-Tumarae remained standing, and believing he had missed, the officer fired another volley of shots,” the report says.

A total of 14 bullets were fired from the police officer’s weapon, with four wounding the teen. Another bullet appeared to have passed through his clothing, the report said.

This is the issue of concern. A 4/14 strike rate is pretty bad. The officer obviously needs more firearms training. If you don’t hit the person with your first shot or two, then they may get to shoot you.

It is sad whenever it is necessary for the Police to shoot someone, as was this case. But when they do have to shoot, you want them to be accurate.


Espiner calls for ban on police pursuits

September 11th, 2013 at 12:00 pm by David Farrar

Colin Espiner writes at Stuff:

In the past eight years alone police pursuit policy has been reviewed five times, including a major overhaul in 2007 that led to stricter controls being placed around chasing offenders, including overall responsibility for a pursuit handed over to police comms rather than officers in the pursuing vehicle.

Yet the carnage has continued unabated, chiefly because the police bottom line has always been there is “insufficient evidence” to support banning pursuits and that the public itself would not support police allowing offenders to flee without giving chase.

The rationale seems to be that if police did not chase suspects they would get away, and therefore the end – catching the bad guys – justifies the means, even if that leads to the deaths of either the offenders or worse, an innocent member of the public.’

The problem is incentives do matter, and if bad guys know they an get away simply by speeding up, then you’d be an idiot to actually stop when the Police ask you to!

Not everyone agrees with this. Both Tasmania and Queensland have banned police pursuits in all but the most serious of circumstances after suffering a spate of deaths from crashes during pursuits.

It’s too soon to say if crime is up or accidents are down in those states. But as Queensland Police Commissioner Ross Barrett put it recently, “the key question is whether the death of an innocent motorist is a price the community is prepared to pay for the unfettered right of the police to pursue.”

Who is arguing for an unfettered right? The NZ Police don’t have such a right. There is a policy on when they pursue, and for how long. But remember that if you don’t catch the drunk driver, he may end up killing anyway.

Around half of pursuits in NZ are abandoned by the Police because they are too dangerous. So that is far from unfettered.

In 2013 there are more ways for police to apprehend suspects than a high-speed chase; helicopters, state-of-the-art communications, information sharing, computer and mobile phone tracking, electronic facial recognition software, and much more. It’s less dramatic, and it might take a little longer but I suspect most times the police would still get their man.

I’m not so sure. You can identify a vehicle and even who was in the vehicle, but you need to prove who the actual driver was for most offences.

What I’d back is far stronger penalties for those who fail to stop and flee, such as automatic destruction of their car.

There are some stats about what has happened in Victoria with limited pursuits:

In 2006 when pursuit guidelines were tightened, there were 186 reports of drivers evading police. Seventy-seven drivers or 41 per cent weren’t caught.

The following year the crime rate more than tripled with 589 drivers refusing to stop. 39 per cent were never found.

By 2010, 972 attempted to evade police with 45 per cent of those succeeding for good.

Last year evade police reports exploded to 1508 reported offences, 989 drivers or almost 60 per cent, are still on the run.

Totally predictable, if you make it effectively voluntary to stop for the Police.

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Please Labour stop blaming the person who needs protection

September 4th, 2013 at 2:00 pm by David Farrar

The Herald reports:

Labour’s police spokesman Kris Faafoi said the results showed a high level of use of the DPS by John Key.

“It shows how much the PM has stretched them.”

A spokeswoman for Mr Key said police made decisions on DPS staff assignments.

“The Prime Minister highly values his protection staff who are extremely professional and very hard working in sometimes challenging circumstances.”

I really wish Labour would stop their multi-year campaign of attacking the PM because he has Diplomatic Protection Squad Police accompany him. Its disgraceful. Their antics create a culture where politics may affect decisions around safety of the Prime Minister.

The PM (and previous PMs) get DPS protection because people threaten to kill them. It is not a perk of the job. It is a sad necessity. Labour should not blame the victim!

I hope when National is in opposition they are never so desperate as to criticise a Labour Prime Minister for having DPS accompany them.

Mind you if David Cunliffe wins, he may need the DPS to actually attend caucus meetings to protect him from his colleagues :-)

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33 girls at once

August 14th, 2013 at 7:00 am by David Farrar

News.com.au reports:

The court verdict follows today’s Daily Telegraph report about a NSW Police internal affairs investigation uncovering evidence Osborn allegedly saw up to 33 women at the same time, meeting four of them on any one day as far apart as Sydney and Newcastle.

Having 33 girlfriends at the same time, with none knowing about the others, is a logistical achievement – as is managing four in one day!

I wonder if he ever worked in NZ for the Rotorua Police in the 1980s?


Police pursuits

August 8th, 2013 at 2:00 pm by David Farrar

The Herald reports:

Two police pursuits, one which resulted in the death of a 20-year-old fleeing driver, and another where four teenage girls were seriously injured, have been cleared as textbook responses by the police watchdog.

The pursuits did not result in any deaths. Unless it is the police car that spins out of control and hits some pedesterians, it is not the pursuit that results in a death. It is the drunk, stoned, dangerous fleeing driver.

In both cases, the IPCA concluded that police not only considered all relevant risk factors before commencing each pursuit but also fully complied with the law and police policy during the pursuits.

The Auckland incident resulted in serious bodily harm to four girls during a 53-second police pursuit in Kohimarama on the night of March 3, this year.

Earlier that evening, the 16-year-old driver of a stolen Subaru legacy and her three passengers had been involved in a number of altercations which were reported to police.

There had been reports they had attacked another group of youths – even attempting to run them over – and damaged property at a cafe on Tamaki Drive, Mission Bay.

In responding to the reports, police tracked the car down and signalled the driver to stop.

But the female driver accelerated and shortly after hit a concrete island while attempting to overtake another car.

The driver and her occupants crashed into a concrete block wall, with all four sustaining serious injuries.

“This was a pursuit which lasted 53 seconds and covered approximately 1.4km prior to the crash,” IPCA chairman Judge Sir David Carruthers said.

“Police complied with the law and policy throughout the pursuit and the communication, especially in relation to risk, was excellent.”

The Authority found that the main factors causing the crash were the driver’s excess speed and blood alcohol level.

There are obviously some circumstances where a pursuit should be abandoned. But you need to be careful about the incentives you create. If drivers know that the faster they flee, the more likely it is the Police will not follow them – well it provides an incentive to flee as fast as possible.


Electoral law changes

July 26th, 2013 at 9:00 am by David Farrar

The Herald reports:

More changes to electoral laws will be made before next year’s election including closing a loophole which enables parties to hide donations until after election day.


Ms Collins also intended to clamp down on the use of undisclosed loans after the Electoral Commission raised concerns that making loans which were later written off, rather than donations, could be used to dodge disclosure requirements.

Which is what the Conservatives did.

Justice Minister Judith Collins also indicated she would look at bigger changes after the election, including whether police should continue to handle electoral offences.

This follows complaints that the police rarely prosecute and are slow to deal with cases.

The Police have failed to do effective enforcement in 2005, 2008 and 2011. I’m disappointed they will be left respnosible for enforcement in 2014 but at least the Government hasn’t said no, and so this may be the last election we have where parties and candidates (and voters) can break the law with almost no consequences.

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July 6th, 2013 at 8:51 am by David Farrar

Stuff reports:

Every town in the country should have CCTV cameras to installed to help in the fight against crime.

That’s the opinion of one top officer, retiring after 30 years in the force, and who in the course of his career worked some of the country’s most notorious crimes

Retiring Detective Sergeant Glenn Tinsley, formerly of the Waihi Crime Investigation Bureau, was heavily involved in both Operation Sara – the murder of Sara Niethe in 2003 – and Operation Olive – the murder of Paeroa Pizza man Jordan Voudouris in June 2012, two investigations he says would have been a lot easier with the help of technology.

He says if the government and public want to “get serious” about crime prevention, the first step should be a rollout of CCTV cameras coupled with plate recognition technology.

He reckons cameras – paid for by local councils, the New Zealand Transport Agency (NZTA) and ACC levies – should be installed at the entry and exit points of every town.

“If you had a camera set up in all towns either side of Whangamata, Whitianga, Tairua, Coromandel the same, even the [Kopu] bridge at Thames; everything that moves – you are going to catch it,” he said.

Why stop there?

Why not microchip every person born in NZ, with a chip that tells the Police where you are. So if a crime happens in a specific area, the Police can work out who was within 100 metres of the crime and haul them in for questioning.

Then after that, we can start work on pre-crimes. Of course that would mean arresting the entire population of Huntly.

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Suicide by cop

June 30th, 2013 at 9:16 am by David Farrar

The HoS report:

Police fatally shot burglar Adam Morehu in the back, before hitting him over the head with a torch, his family says.

Details on the two bullet wounds have emerged after the Taranaki man’s body was returned to his family for burial, along with a preliminary pathologist’s report.

“I don’t know that I would grieve any less if he was shot in the front, but being shot in the back – that’s just wrong,” said Diane Richardson, the mother of his partner Kaly.

Even if the family are correct, surely the key issue is why were the Police shooting Morehu?

Police say Adam Te Rata Charles Morehu, 33, was first Tasered, then shot twice in the torso with a police-issue Glock handgun after he acted aggressively towards the officers, twice threatening to kill them and firing a shot from a rifle.

He not only threatened to kill the Police, but he fired his rifle. At that point he was doing suicide by cop. He refused to surrender to armed police, he threatened to kill them, and he fired his rifle.

But they have refused to confirm to the Herald on Sunday that he was shot in the back, saying only that the officer believed he heard Morehu reloading his rifle in the darkness.

I don’t care what the angle is. This is not some Western duel or gunfight. He fired his gun, and refused to surrender. You don’t give him a sporting chance to kill you. You fire.

Kaly had been angry at Morehu for going on the alleged burglary, Richardson said, but more angry still to discover that he need not have died.

Indeed. All he had to do was drop his gun and surrender. Her anger should all by at Morehu, and not at the poor cops who had to risk their lives being shot by him.

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Again focused on the wrong thing

June 13th, 2013 at 3:00 pm by David Farrar

Tracy Watkins at Stuff reports:

Police Commissioner Peter Marshall is defending the closure of 10 offices during the past year.

Labour MP Phil Goff yesterday accused the Government of misleading the public and said Police Minister Anne Tolley had given a commitment a year ago that no police stations would close.

“You’ve closed 10 stations since September last year, eight of them in Auckland, and that’s probably not the full story because my local police station has had ‘temporarily closed’ on its door for the last four months,” Mr Goff, the MP for Mt Roskill, told Mrs Tolley during a law and order committee meeting at Parliament yesterday.

There was an angry outburst when Mrs Tolley told the committee there was a difference between police stations, and community stations and kiosks.

“Some of those are being closed and no-one’s ever denied that.”

Mr Marshall said he had been asked the same question last year and he had given an assurance no police stations would be closed for financial reasons.

“I stand by that statement. A number of bases – whether you call them kiosks or community bases and indeed a police station – have been closed purely for operational reasons because we have decided it does not fit the type of business and service we want to provide to a community at any given time.”

The offices closed by police included those in Orewa and downtown Auckland, the Porirua community constable base and Halswell Community Office.

Figures supplied by the police show a survey of community police centres in Petone, Naenae and Wainuiomata found that fewer than 1.5 visitors an hour called in to those offices and most were for meetings, contractors delivering goods, people reporting on bail and wanting general community information. Less than a third were reporting a crime or inquiring about lost property.

Labour at times appear to be ultra-conservative. They oppose any change from the status quo in the public sector – no matter what.

They think it is more important that the location and number of offices be never ever changed, than having the Police actually locate offices where they are most needed. Basically these three centres were on average each having only four people a day use them to report crime or lost property. Yet Labour is outraged that they are maintained.

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Labour on Police

May 23rd, 2013 at 10:00 am by David Farrar

Stuff reports:

Mr Faafoi said the latest Ten One police magazine showed more than 50 sworn officers had resigned around the country in the past month.

“It’s the sheer number and the experience of these officers that’s of concern,” he said.

A meaningless number. The Police have around 11,500 staff. How many staff normally resign in a month? What has been the rate for the last year. A month’s figures by themselves may be a blip.

Mr Faafoi said the problem stemmed from cost-cutting and he was not surprised that there was nothing extra in the recent Budget for police.

Actually the Police were given an extra $4 million in the Budget for operational spending, and since 2008 their funding has increased by $173 million which is considerable, even more so when you consider the structural deficit inherited from Labour.

“It was more about the National Party’s mates than hard-working Kiwis and that extends to the police as well,” he said.

I think Labour came up with this slogan before they saw the Budget and are too lazy to change it. Is Kris really saying $100 million for home insulations for low income families is helping National’s mates, not hard working Kiwis? I thought Labour used to claim they cared for low income families. Does he think the extra $1.6 billion for health is restricted to National’s mates? And the $900 million for education? And please Kris tell us how the $2.1 billion extra for Christchurch is for National’s mates. sounds like National has lots of mates, and Labour has none.

As a result communities were not feeling as connected to police as they did in the past and Mr Faafoi believed this could have resulted in the drop in reported crime.

Trying desperately to spin his way out of the fact that not only is reported crime down, but serious violent crime is significantly down – and the notion that serious violent crimes are not being reported is laughable.

Mr Faafoi said Labour had a track record of looking after police officers and would look to rebuild the public’s confidence in the organisation.

Really. Please tell us about this track record. Labour’s opposed almost every law change that the Police have supported such as three strikes.


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IPCA report on Operation 8

May 22nd, 2013 at 12:55 pm by David Farrar

The IPCA report on the Urerewa Operation 8 can be found here. Key conclusions:

  • The  Authority  has  found  that  Police  were  entitled,  on  the  information  they  had,  to  view   the  threat  posed  by  this  group  as  real  and  potentially  serious.    The  investigation  into  such   activities  by  Police  was  reasonable  and  necessary.  
  • From  a  policing  perspective  the  termination  phase  of  Operation  Eight  was  concluded   safely.    No  shots  were  fired  by  Police  or  others,  despite  Police  locating  a  number  of   firearms  and  weapons.    All  target  individuals  were  located  without  incident  and  no   members  of  the  public  were  put  at  risk.  
  • The  planning  and  preparation  for  the  execution  of  search  warrants  on  termination  of   Operation  Eight  was  largely  in  accordance  with  applicable  policy.    It  involved  huge   logistical  challenges  given  that  search  warrants  had  to  be  executed  simultaneously  across  the  country.    Those  individuals  who  were  considered  by  Police  to  pose  the  greatest  risk   were  quickly  and  safely  apprehended.      
  • In  contrast,  the  planning  and  preparation  for  the  establishment  of  the  road  blocks  in   Ruatoki  and  Taneatua  was  deficient.    The  Authority  has  found  there  was  no  lawful  basis   for  those  road  blocks  being  established  or  maintained.  There  was  no  lawful  power  or   justification  for  Police  to  detain,  stop  and  search  the  vehicles,  take  details  from  or   photograph  the  drivers  or  passengers.      
  • There  was  no  assessment  of  the  substantial  and  adverse  impact  of  such  road  blocks  on   the  local  community.    The  road  block  at  Ruatoki  was  intimidating  to  innocent  members  of   that  community,  particularly  in  view  of  the  use  of  armed  Police  officers  in  full  operational   uniform.      
  • The  majority  of  complaints  received  by  the  Authority  in  relation  to  property  searches   were  not  from  target  individuals  but  rather  from  other  occupants  at  these  properties   complaining  about  the  way  they  were  treated  by  Police.  Some  felt  they  were  being   treated  as  suspects.    A  number  of  occupants  were  informed  by  Police  that  they  were   being  detained  while  a  search  of  the  property  occurred,  despite  there  being  no  lawful   basis  for  such  detention.  Police  had  no  legal  basis  for  conducting  personal  searches  of   these  occupants.  
  • The  Authority  has  concluded  that  a  number  of  aspects  of  the  Police  termination  of   Operation  Eight  were  contrary  to  law  and  unreasonable.    In  a  complex  operation  of  the   type  that  was  undertaken  here,  there  are  always  a  number  of  important  lessons  to  be   learned  about  future  Police  policy  and  practices.    The  Police  internal  debrief  following  the   termination  of  Operation  Eight  has  already  identified  a  number  of  those  lessons  and   necessary  changes  to  Police  training,  policy  and  operational  instructions  have  been  made.     The  Authority  has  made  a  number  of  other  recommendations  in  light  of  its  own  findings.     This  includes  the  need  to  re-­‐engage,  and  build  bridges,  with  the  Ruatoki  community.  

This looks a sensible and well balanced report. In short the conclusions are:

  1. The operation against those arrested was justified as they posed a real and serious threat
  2. The actual arrest and treatment of those arrested was done properly and lawfully
  3. The treatment of the wider community was over the top, insensitive and in some cases unlawful

The Ruatoki community do deserve an apology for their treatment by the Police. I think they have had one already, but will no doubt receive another. It is worth noting that of course we now have a different Police Commissioner and Minister of Police as from 2007.

But let’s not make martyrs out of those arrested. They were acting somewhere between very foolishly and with malignant intent, and the Police were right to bring their activities to an end. Their personal treatment was not generally criticized by the IPCA. They also bear some of the blame for provoking the Police action in Ruatoki. 17 firearms were found in three properties at Ruatoki, and 12 smashed Molotov cocktails at their training camp.

But as I have commented before, the Police response did seem over the top – and the IPCA has agreed. We expect better  from our Police than we do of Tame Iti and Valerie Morse. They have a job ahead rebuilding confidence with Ruatoki.


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Is this why Labour attacked Mike Bush

May 16th, 2013 at 7:00 am by David Farrar

Truth reports:

ONE OF Auckland’s top cops has been boasting about having Deputy Police Commissioner Mike Bush sacked when his brother, Labour leader David Shearer, becomes Prime Minister.

Alan Shearer is the former Manurewa Area Police Commander and used to work under Bush during the years he spent as Counties Manukau district commander.

It is understood some bad blood exists between the pair after Bush removed him as Manurewa Area Commander into a new job at Counties Manukau where he is responsible for “planning and ending family violence” in South Auckland. …

A well-placed police source confirmed that Shearer had been “running his mouth off around town” about having Bush sacked once his brother David became Prime Minister.

“He’s been badmouthing Mike Bush. He is bitter and telling police officers in Counties Manukau that when his brother is Prime Minister he’s going to get Mike Bush,” the source told Truth.

“Alan Shearer is pissed off about being removed from his personal fiefdom in Manurewa and holds Bush responsible.”

Truth attempted to speak to Alan Shearer but he did not return calls.

I couldn’t work out why Labour would declare Mike Bush unsuitable to be Commissioner just on the basis of some ill-judged comments at a funeral. Is there a personal feud involved?

MPs are not responsible for their family members – but if the family member is boasting of using their relatives influence for their own purposes, they need to clearly state their family member is not speaking for them.

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Mike Bush

May 15th, 2013 at 3:00 pm by David Farrar

Trevor Mallard asked in Parliament:

Hon Trevor Mallard: Will she rule out supporting Mike Bush as a candidate for the soon to be vacant police commissioner’s position, in light of his appalling judgment in reading those comments out in that eulogy?

Hon ANNE TOLLEY: We currently have a commissioner, and it would be inappropriate for any politician, at any stage, to make any comments about the future employment of any of our outstanding police commissioners. I am amazed that that member would sully the name of the one of the top serving police officers in this country.

I am one of those who think Mike Bush made a mistake in reading out the comments from Bruce Hutton’s service record. But hell it was the man’s funeral. Of course you are going to say nice things at a funeral.

Labour seem to be saying that one error of judgement, not even directly related to policing duties, means Bush should not be eligible to be Commissioner.

Apart from the unfortunate politicising of the appointment, I think that is a woeful attitude. Bush is highly respected by rank and file officers, and had a great record as Counties-Manukau District Commander. On his watch (helped by extra police officers) crime fell significantly in Counties-Manukau.

An article on his record in the Police is here. It includes a fall in crime, busting major drug rings and 100% resolution rate for homicides. Labour would have all of that count for nothing because of a comment at a funeral!

Look at what has happened to crime in Counties-Manukau. It was once almost a no go area.

  • Total offences down from 56,041 in 2009 to 44,699 in 2012 – a 20% drop in three years
  • Violent offences down from 6,579 to 5,803 – a 12% drop
  • Robberies down 30%
  • Thefts down 22%
  • An increase in the resolution rate from 43.05 to 47.5%

As I said, I thought the funeral comments well ill-judged. But I believe you judge someone on their overall record of 30 years service, and Labour is not serving the public interest by trying to pressure him out of a job.


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