7. Police Attitudes to Investigations and Disclosure of Wrongdoing

7.3 Term of reference (2)(f) recognises that police attitudes are a critical success factor in the investigation of complaints against police members or police associates, especially those alleging sexual assault. Achieving an “attitude of the Police … conducive to the effective and impartial investigation of complaints” requires attention not only to personal values and mindsets of individual officers (discussed under the heading of “Importance of independence” in Chapter 3) but also to the collective attitudes of the organisation as a whole – recognising the significant potential of the one to influence the other over time. The focus of the discussion in the first part of this chapter is on those collectively held attitudes, which are best described using the term “police culture”.

7.4 The expert evidence that has been put before me suggests that although some features of police cultures (for example, strong “bonding”) can have a positive effect, those same features can inhibit the effective and impartial investigation of complaints of sexual misconduct (for example, a code of silence). The expert evidence also makes it clear that the negative effects of those features of police culture may not be limited to the quality of investigations (which is the focus of term of reference (2)(f)) but may also have wider effects.

7.5 Accordingly, although the primary focus of the discussion of police culture in the first part of this chapter is on its effect on complaint investigation, as required by term of reference (2)(f), it also addresses the more general impact of cultural factors on standards of conduct within the police – including the reporting of wrongdoing. This takes the discussion beyond the strict requirements of term of reference (2)(f) and also results in something of an overlap with the second part of the chapter which, as required by terms of reference (1)(c) and (2)(g) respectively, discusses the reporting of wrongdoing but only in respect of the “procedures” and “practices” of the police that support and encourage it. It is necessary to recognise that the need for those procedures and practices may have its roots in features of police culture.

7.6 To avoid doubt, I consider these wider dimensions of the issue of police culture to be covered by term of reference (5) of the inquiry, which directs me to inquire into and report upon “any other matter that may be thought by [me] to be relevant to the general or particular objects of the inquiry”.

7.7 The complete terms of reference are provided in Appendix 1.

POLICE CULTURE

Features of police culture generally

7.13 Although this makes the police more effective in such situations, it can mean that officers are more loyal to their colleagues than to the organisation at large or to the broader public interest. Thus, in a situation where an officer is accused of criminal behaviour or misconduct, collegial bonding may lead to a “code of silence” in which fellow officers resist efforts to investigate allegations.(881) Professor Bayley suggested that the closer the work group is, the harder it is for colleagues to “tell on” each other regardless of whether they are members of the police or members of another organisation.

7.14 Dr Jordan outlined very similar views to those of Professor Bayley:

A male-oriented culture

7.15 Both experts noted that police culture has traditionally been one dominated by men. Dr Jordan said to me that the beliefs of the police culture have been shaped by its origins as a male-dominated organisation, established initially to enforce male-defined laws.(883) Professor Bayley offered his view of a police organisation dominated by males, suggesting that males in general “bring certain attitudes and I’m afraid sometimes customary behaviours that women find uncomfortable.”(884)

7.16 As an indicator of one such customary behaviour, Professor Bayley had noted the number of times policewomen had said to him, “I wish when I’m introduced to a new partner that he would look at my face before he looks at my chest”. That type of behaviour he classed as “male baggage”.(885)

7.17 Professor Bayley outlined how police cultures in general need to change both their treatment of women in the force and their treatment of women generally, especially in the context of criminal investigations related to sexual assault. He said that elements of police life and culture could contribute to the sexist treatment of women, as well as attitudes brought to the job (the “male baggage”).(886)

Attitudes towards the use of alcohol

7.18 Professor Bayley told me of the need to “deglamorise” drinking within the police. He said that many of the problems that women complain about in relation to police culture had their roots in drinking too much, and in the bonding ritual that drinking provides.(887) He recommended that police organisations work to discourage drinking as a bonding ritual. I support Professor Bayley’s recommendation in that area. He also suggested that there be a mandatory requirement for all officers to report drug and alcohol abuse.(888)

Dual standards with respect to on-duty and off-duty behaviour

7.19 It seems that many police forces struggle with the issue of dual standards with respect to appropriate on-duty and off-duty behaviour. Officers frequently attempt to draw a very clear line between the two, and argue that what an individual does off duty, in terms of sexual behaviour or other moral issues, is no business of the police management. Professor Bayley told me that in America a sworn police officer is a police officer at all times, and his or her behaviour should always be able to withstand public scrutiny.(889) This principle also applies in other parts of the State sector in New Zealand.(890) Application of this philosophy may be seen to curtail the freedom of police officers to engage in activities that are legal but, if widely known, would bring the police into disrepute; however, in my view that is part of the price police officers pay in their choice of career.

Implications of these features

Features of the New Zealand Police culture

7.25 One senior woman police officer told me that she did have a challenging time when she started in the police in 1992. She said that she was aware of and experienced sexist attitudes, and at first questioned her choice of career. However, she now finds the culture in the police to be much healthier. She told me that the changes have been incremental rather than dramatic, as might be expected in an organisation the size of New Zealand Police.(892)

7.26 Another senior policewoman told me that in her 24 years in the police she had observed an improvement in police behaviour which reflected changes in society’s attitudes and behaviours. She told me that when she first joined the police there was a significant emphasis on being part of the team and joining in team social interactions, much of which was centred on police clubs or canteens.(893) This policewoman told me about a type of team social interaction involving alcohol. At one such occasion the team members went to the police bar and sat at a table while a “jug master” went through a “jug book” listing everyone’s mistakes. People had to drink for each mistake that they had made. She said that when she first graduated there was a lot of pressure to drink but nowadays there is not that pressure and people sometimes sit and have non-alcoholic drinks.(894)

7.27 I was encouraged to hear from the same policewoman that nowadays most social interaction takes place away from police stations, and the drinking associated with being one of the team does not pervade the organisation as it once did. She felt that, although there may still be isolated examples of inappropriate behaviour by individuals, such behaviour is not the norm.(895)

7.28 Other witnesses confirmed the change in attitudes towards drinking. For instance a newly recruited constable told me that he does not drink alcohol, and although “jug sessions” still happen, there is no pressure to drink alcohol at them. He said that they have jug sessions at the police stations about every four weeks, and that having them at the station seems quite a safe environment rather than going to a bar.(896) Mr Greg O’Connor, President, New Zealand Police Association, also told me that there has been a major change in this aspect of police culture over the 29 years he has been associated with the force. He said that police bars are scarcely used by the younger officers who are more likely to engage in physical training after work than to go to a police bar.(897)

7.29 A female constable who has been a police officer for eight years told me that being a member of the police is like being a member of a family and that she has always felt safe in that culture. She said that in her experience most police officers do not tolerate bad behaviour by colleagues, including bad behaviour towards women colleagues. The constable explained to me that she has attended jug sessions and that in her experience they are very tame events and she has never felt unsafe at them, nor has she felt pressured to drink alcohol.(898)

7.30 As was explained in the section on sexual harassment in Chapter 6, the police have made concerted efforts since the mid-1990s to create a safe environment for women staff and these efforts continue. I heard evidence that showed that there has been a gradual change in police culture over the years and in particular since the mid to late 1990s. A key factor that has helped drive this shift in attitude is the development and implementation of a nationally mandated Sexual Harassment Policy. I heard evidence that a greater awareness of, and confidence with using, this policy has reduced the number of serious complaints received because issues are being resolved at the time by those involved.(899) I have no doubt that there has been a flow-on effect on the quality of police investigations of sexual misconduct involving officers and police associates.

Evidence from the files

7.31 I am aware from comments I saw on the files that development of an appropriate culture that does not tolerate sexual misconduct or sexual harassment is an ongoing process in New Zealand Police. The files provided examples of inappropriate attitudes which I consider to be evidence of police culture existing at the relevant time. Much of this evidence related to cases of sexual harassment in the workforce, which I have discussed in Chapter 6.

7.32 Further evidence emerges from two other cases. First, a letter of January 1994 in a police report on a sexual harassment complaint said that the particular case and its history “is very strong anecdotal evidence pointing to an internal police culture of discrimination by male officers on female officers, with indications that it is probably deep seated and relatively common”.(900)

7.33 Secondly, in 2001 a key issue addressed by a disciplinary tribunal was the culture of the police. During the disciplinary hearing a policewoman gave evidence that she had been upset by sexual comments made to her by the alleged offender when she joined the police in 1998. However, in her statement made two and a half years later (in 2000) she said,

7.34 My concern with these cases and those covered in the discussion of sexual harassment is that they indicate that sexually inappropriate attitudes and behaviours have been present in the police in the past. Some police officers have regarded swearing and sexual banter as a normal part of the police culture. I also saw in the files use of sexual nicknames (for example, “Shag” and “Stag”). The police submitted that inappropriate language and sexual banter is often seen as a manner in which staff manage the stressful and dangerous situations they are regularly forced to confront.(905) But I believe that a culture that tolerates excessive swearing and sexual banter creates an environment where the line between appropriate and inappropriate behaviour is blurred. Sexual harassment can start as a form of sexual banter and when someone crosses the line into harassment it is often difficult to detect.(906) Blurring of lines can in turn affect the perceived objectivity of an investigation and create risks to the independence of the investigating officer. The police need to be proactive in discouraging swearing and sexual banter as a form of stress management, and promote alternatives.

Report by Hon Sir David Tompkins

7.35 Notwithstanding the evidence that police culture is now more welcoming towards women staff, there are indications that bonding amongst officers can still inhibit both the disclosure and the investigation of alleged misconduct by police officers. Women officers are now included within that strongly bonded community. This was highlighted by Hon Sir David Tompkins QC in his report concerning the Counties Manukau Police District. He outlined how evidence from his inquiry illustrated a “blue code of silence”. For example, he reported that at least six officers identified by his inquiry team saw photographs that were inappropriate and demeaning to the persons photographed, but none of the six ever took any action.(907) He also referred to a study of new recruits by J.B.L. Chan, entitled Fair Cop: Learning the Art of Policing,(908) which found that new recruits were quickly socialised into a culture of not telling, and discovered that, unless the offence was very serious, it was extremely inadvisable to blow the whistle on one’s colleagues.(909)

7.36 During his inquiry process Sir David contacted all the officers in Counties Manukau who were previously from the United Kingdom to obtain a comparative view from those officers. He reported,

7.37 The police have made significant progress in developing a structure that provides staff with clear guidelines and definitions of what is ethical conduct. In 2003 the Human Resources section defined the core competencies and the core values, and a clear list of desirable and undesirable behaviours is now attached to each core value. Similarly, a national ethics training package was developed in 2002, which, I was told, “has had the effect of standardising training in this area”.(911) In particular the new ethics training package focuses on providing clear and practical guidance for identifying what constitutes ethical behaviour in any given situation.(912) Although it is designed to standardise training in this area, I note that each district has the discretion to determine whether the training is delivered, and if so, when and to whom.(913) This discretion is undesirable for such a valuable training package. These initiatives are discussed in more detail in paragraphs 6.181 to 6.190. The contribution that ethical training can make to awareness of the need for independence in police investigations, especially those involving allegations of sexual misconduct or offending by police members or associates, is discussed in paragraphs 3.39 to 3.105.

Evidence of inappropriate attitudes

Stereotyped views of complainants

7.40 Once again, the pattern that emerges is that up until the 1990s there were prevalent within the police attitudes that would now be regarded as inappropriate. Although one might argue that these attitudes were more acceptable at the time, I was concerned that a number of officers were dismissive towards the people making complaints of sexual assault against a police officer or police associate.

7.41 The review by an assistant commissioner of a 1983 rape allegation reflects a judgmental attitude that was also apparent in other respects during the investigation. After extensive inquiries into her character, the complainant decided she did not want to testify at disciplinary proceedings.(914) The assistant commissioner, when recommending that the members accused be counselled, commented,

7.42 These attitudes were not generally present in the investigations undertaken during the 1990s. However, attitudes can creep back into an organisation if there is insufficient vigilance. For this reason I was very concerned by remarks in a police email from 2004, referring to a woman who had allegedly been sexually assaulted by a police officer in 1989:

7.43 Despite the fact that the file containing this email had been reviewed as part of the Professional Standards system and as part of Operation Loft, the police had not recognised the inappropriateness of either the wording or sentiments expressed until they were brought to the police’s attention by this Commission. The police explained, “No-one had taken the time to concentrate on the email, perhaps because [Officer] had also placed a job sheet on the file that recorded his evidence in a more comprehensive (and appropriately expressed) way.”(917) The officer was disciplined after the police considered the contents of the email. However, it is of concern to me not only that certain officers with the police may continue to hold inappropriate attitudes towards complainants (even in 2004) but also that these attitudes were not picked up by police management. I am also concerned that the officer responsible for the email failed to disclose to the investigating officer important details about the case at the time it came to light in 1991. This officer provided significantly more detail in his 2004 statement than he did in 1991.(918)

7.44 Alongside the dismissive attitudes towards external complainants that I have discussed, some of the files concerning internal complaints of sexual harassment indicate similarly dismissive attitudes. In 1997 a sexual harassment case involved the display of lingerie posters, which were taken down when the complaint was made, and then rehung anonymously. A legal adviser in the case noted, “from the outset, the attitude has been taken that the problem was that of the complainant rather than that of the Police or those complained of.” She went on to observe, “I am of the very clear view that this file contains material which reflects a marked lack of objectivity on the part of many involved in the matter.”(919) In their submissions on my draft report the police noted, “the complainant received a full apology, compensation, and an acknowledgement that, as a result of her complaint, the Police were committed both to underlining the unacceptable nature of the offending officers’ conduct and to improving both the speed of their response to sexual harassment cases.”(920) The police argued that the problems appeared to stem, however, from a general lack of understanding regarding what can constitute sexual harassment, rather than any lack of sympathy for the complainants.(921) I accept this lack of understanding may have been the underlying cause, and that steps were taken in later years to address this, but nevertheless it is evident that dismissive attitudes were present. I also note a sexual harassment case from 1984 where the deputy commissioner, in finding that there was not enough evidence to lay charges, wrote that “we now have a situation where junior female staff are seeking some disciplinary action against a Senior Sergeant.” (922)

Culture of scepticism in dealing with complainants

7.45 One area where police attitudes have been a cause of concern is the matter of warning complainants about making a false complaint. I discussed this in Chapter 2 in the context of the policies that have applied over the years to sexual assault investigations. Dr Jordan, on the basis of her research into women’s experiences of reporting rape offences to the police in New Zealand, told me,

7.46 She went on to say that most detectives can provide examples of cases that initially appeared highly “dodgy” but later transpired to be genuine -– including “those where victims were disbelieved in ways that effectively allowed the perpetrators to victimise many more women until their final apprehension”.(924)

7.47 I was pleased to see, however, that in the majority of cases throughout the period in question the matter was properly investigated even where the investigator had some concerns over the veracity of the complainant.

Condoning or ignoring inappropriate sexual behaviour

7.48 Several files provided examples that were of concern for their toleration of inappropriate sexual behaviour:

7.49 Such instances, although relatively few, can have a disproportionate impact upon the public’s view of accountability within the police, and work to undermine public confidence. These instances may also adversely affect the working environment. Even though the files disclosed only a few officers who displayed sexually inappropriate conduct, the cases that I noted illustrate that a significant number of other officers were involved in condoning the inappropriate sexual conduct. Although the police do not accept this point, I am concerned that the sum of the evidence I heard may point to a culture where ongoing inappropriate behaviour has been tolerated. For that reason, I consider it imperative that police take a “zero tolerance” approach to the concealment of misconduct within their ranks.

A wall of silence from colleagues

7.50 In contrast to the findings of Sir David Tompkins noted above, I have identified no recent cases in which police officers appear to have sought to shield a colleague from investigation. I did note several such cases dating from the 1980s and early 1990s in which investigators undertaking internal investigations had difficulty in obtaining evidence from other staff members or encountered behaviour that sought to undermine their investigations:

7.51 Once again, these cases are few, but each can have life-long impacts upon complainants and their families, and also a significant impact upon public confidence in the police. We have a right as citizens to expect that police officers will place a concern with justice and the interests of members of the public ahead of their loyalty to their fellow officers when it comes to matters of possible misconduct.

Fostering attitudes supportive of fair and rigorous investigations

7.54 He also said that as well as changing police attitudes, it is important to have standardised routines in place that minimise potential areas of risk. For instance, in the United States special policing routines must be followed when arresting a female. Professor Bayley said that as a result of having the arresting processes so standardised, some of the behaviour that used to happen when women were taken into custody does not happen any more.(935)

7.55 Professor Bayley said, however, that just as the police have learned that there is no single solution to crime, so also there will be no single solution to the issue of culture change. He said that it is important to look at all varieties of things that may make women uncomfortable and are the basis of complaints, and then focus on solutions.(936)

7.56 Professor Bayley also suggested that the police should ensure that they eliminate all overt displays of sexism or chauvinism in language, jokes, and pictures and that this should include the inappropriate use of email. I agree that it is important that the police keep up with the changing social attitudes in these areas and ensure that their work environment reflects what is now socially accepted in a professional workplace.

7.57 I am aware from my own experience that changing the culture of an organisation is very difficult and can be done only over time. In my experience the key to effective change of culture is to have clear and consistent messages that are reinforced regularly throughout the organisation. This view was confirmed in the evidence given to me by Mr David Butler, Commissioner of Inland Revenue. He said that having clear, consistent messages ensures that staff know how to approach dealing with difficult situations they may face in their work.(937)

7.58 The police recognise the importance of effective leadership and have recently begun to develop leadership and management development programmes as a means of developing outstanding leadership and management capability in a changing environment (see paragraphs 6.177 to 6.180). “Influential leadership” is one of the six core competencies common for all police staff and is defined as follows:

Recruitment and advancement of women

7.59 Dr Jordan argued that further increases in the numbers of high-ranking women in the police are necessary to ensure that the culture and values of the police reflect those of society at large. She explained that this is difficult to achieve when individual women may feel pressured to over-adapt to the male environment rather than risk challenging it.(939)

7.60 Professor Bayley noted that police managers ought to aim at creating an internal culture where “females in the Police service feel that they belong to the organisation and are fully valued members of that organisation and that women in the general public are respected regardless of their status …”.(940) He told me that, in his view, if 50 percent of the police force were female, a lot of the problem attitudes and behaviour would go away. Indeed, he noted that some research into organisational cultures suggested that there is a “tipping point” at which an organisational culture changes markedly to recognise and accommodate the concerns of a minority.

7.61 He also referred favourably to the fact that 15 percent of the New Zealand police force is female, which is very good by international standards.(941) He said that a key step in changing the culture of the police would be to give high priority to the recruitment and retention of women and minority groups. In his view that was absolutely fundamental.(942)

7.62 For this reason I am of the view that it is critical that the police give high priority to the recruitment and retention of women. They also need to give greater attention to the recruitment of staff from minority groups to ensure that they have the capability in place to interact effectively with the wider New Zealand community.

7.63 I heard evidence that the police have targeted the recruitment of staff from minority communities with considerable success. For instance in Auckland City Police District 9.7 percent of its staff are now identifying as Mâori, the proportion of Pacific peoples has increased from 3.9 percent to 11.45 percent in four years, and the proportion of Asian staff from 0.55 percent to 3.85 percent in two years. I was told that there are now more than 50 Asian men and women currently going through the recruiting process.(943)

A periodic external audit of culture

7.64 The work being undertaken by the police in relation to the ongoing development and implementation of their Sexual Harassment Policy and the development of a national training package on ethics are important initiatives. They demonstrate the progress being made by the police in ensuring that any negative aspects of police culture in relation to their attitudes and behaviour towards women are being addressed.

7.65 In order to ensure that the momentum created by these initiatives and by this Commission of Inquiry into Police Conduct is not lost, I am of the view that an annual independent “health of the organisation” audit should be undertaken. The audit should be overseen by an independent body such as the State Services Commission. It would benchmark and monitor progress being made by the police. In particular it would

Police policies on whistle-blowing

7.70 I did not hear of any instances where this policy was used during the years since its introduction, nor see it in effect on any of the files I considered from 1995 onwards. It seems to have offered limited, discretionary protection in certain restricted circumstances.

Protected Disclosures Act 2000

7.71 The Protected Disclosures Act 2000 came into force on 1 January 2001. It has the dual purpose of facilitating the disclosure and investigation of serious wrongdoing in or by public and private sector organisations (including the police) and protecting from retaliatory action those who bring that information forward in accordance with the procedures under the Act. The Act requires those who receive disclosures to use their best endeavours to protect the identity of those who make disclosures, except where

7.73 In accordance with the Protected Disclosures Act, general instruction IA132 was promulgated by the police in 2002.(947) It explains the scope of the Act, and specifies the persons to whom disclosures may be made and what action will be taken in response to a disclosure. It also requires “the appropriate level of support” to be provided to a discloser.

7.74 None of the investigations I considered were undertaken as a result of a disclosure being made using the process created by general instruction IA132.

Police Complaints Authority Act 1988

7.75 The Police Complaints Authority Act 1988 can also be seen as containing some protections for internal whistle-blowers. One of the core functions of the PCA is to receive complaints of misconduct against any member of the police.(948)

7.76 The PCA is obliged to keep secret all information coming to its knowledge except for the purpose of carrying out its functions under or giving effect to the Act,(949) and cannot be required to give evidence in any judicial proceedings.(950) This means a police officer could trigger an investigation by the PCA and potentially have his or her identity kept secret.

General instructions IA121 and IA121A

7.77 Other general instructions are also relevant to the issue of disclosure of wrongdoing. General instruction IA121 requires any suspicion of criminal offending, misconduct, or neglect of duty to be reported to the district commander (who shall then cause an investigation to be carried out).(951) Superintendent Trappitt described this instruction as providing for “an investigation to be carried out where a staff member is suspected of having committed a criminal offence or misconduct or neglect of duty”.(952)

7.78 General instruction IA121A, entitled “Integrity Reporting”, provides for an on-duty member of the police to report to his or her supervisor the circumstances of any incomplete enforcement action initiated against another police member. If there has been any attempt to evade the law enforcement process, the district commander shall set up an investigation.(953)

Adequacy of police instructions and policies on disclosure

7.79 Only one of the general instructions dealing with disclosure of wrongdoing (IA121) appears to require, rather than encourage, suspected wrongdoing to be reported. But I heard nothing that would indicate that the police viewed this provision as a mandatory reporting requirement for all types of suspected misconduct. Indeed, I was told by a senior police staff member that, in his view, there was currently not really any avenue within the police for a staff member to blow the whistle for wrongdoing that did not constitute serious wrongdoing under the Protected Disclosures Act in circumstances where his or her identity would be kept confidential.(954)

7.80 Despite this, the sentiment of the police policies is well intentioned. However, they need to be followed through to an outcome that encourages, or even requires, reporting of all misconduct and that guarantees safeguards and support for the whistle-blower when reporting misconduct, and confidentiality as to their identity when possible.

7.81 I also believe that police employees need to have a reasonable idea of what steps might be taken once a disclosure has been made. Without this knowledge it is less likely that they will report wrongdoing. It is understandable that making a complaint or disclosing an allegation of sexual assault against a fellow police officer or police associate may cause some ill feeling in the workplace. For this reason, it would be sensible for there to be a review of the policies to cover practical matters, including the way in which whistle-blowers are given support by managers, so that the policy is as comprehensive as possible and employees know what to expect if they take the step of disclosing wrongdoing.

7.82 The policy should also reflect the police’s obligations under the Protected Disclosures Act to remind their staff about the procedures that apply for making a protected disclosure and about the need to protect the confidentiality of disclosers’ identities where possible.

7.83 I was also concerned that the policies did not recognise the need to provide a process to report sexual assault allegations against an associate of the police. There seems to me to be a real gap in the police policies in this regard, which is based on a failure to recognise the potential difficulties for a police member who wishes to report an allegation that he or she is aware of against a family member or close friend of a colleague.

7.84 The key issue seems to be that a policy of “report and be protected” is not actively promoted. The Protected Disclosures Act requires organisations to remind their staff at regular intervals about the procedures that are in place for making protected disclosures.(955) The New Zealand Police General Manager: Human Resources, Mr Wayne Annan, who has responsibility within the police for the Protected Disclosures Act, was not sure if this regular reminder had been done in the organisation; he also told me that the legislation has rarely been used.(956)

7.85 I was surprised that there was little detail about how often this procedure had been used because I would expect a formal register to be kept on the incidence of complaints under the Protected Disclosures Act. Furthermore, there was no process of checking back with any disclosers as to whether, from their point of view, the process and protections inherent in it worked well for them. It is important for organisations to adopt such auditing processes in order to be able to assess the impact of the legislation and their internal policies. Mr Annan reported that work had started on implementing systems for protected disclosures within the police.(957) This is a positive step, and this work should be continued.

Police practice on reporting of sexual misconduct

Limitations of the evidence

7.87 The only files that have been provided to me are those where allegations were in fact reported, albeit some at a later stage than others.

7.88 I acknowledge that there may be unrecorded allegations of which I am unaware. However, short of administering a survey to all police officers asking whether they have ever been aware of allegations of sexual assault that they decided not to report, and the reasons for this, I will never fully know the extent of non-reporting of allegations of sexual assault within the police. Certainly, in the files I read there were examples of inappropriate sexual behaviour (particularly sexual harassment) that went unreported for several years.

Where a member knows of conduct that could amount to a criminal offence

7.89 I was told by counsel for the police that a police member who learned that a colleague or associate of the police had committed a criminal offence is under an obligation to report that offence to his superiors at the first opportunity.(958) However, in practical terms it is difficult to determine with any accuracy (in the cases that I have reviewed) the extent to which a police member knew or should have known of potentially criminal behaviour in a particular case.

7.90 I asked Detective Superintendent Nicholas Perry whether he thought that behaviour that has become evident in the investigation of several historic files would have been widely known. He replied,

7.95 The situation is more difficult where members of police become aware of informal or less precise allegations that do not amount to criminal misconduct, or where the reputation of the officer suggests he or she may be engaging in inappropriate sexual behaviour. For example, it is apparent in one file from 2000 that several officers were aware that the complainants were uncomfortable with a particular officer’s actions; however, it is not clear that they knew of the substance of the complainants’ concerns (which amounted to allegations of indecent exposure and inappropriate advances). As a result, it was not until the sergeant in charge of the station overheard a conversation between the complainants and another member of police that the complainants were approached regarding the rumour.(963)

Encouraging and supporting the reporting of allegations

7.97 Detective Inspector Stephen Rutherford told me that, practically speaking, it was very difficult for people to report allegations against colleagues, although he believed the situation had improved. He also commented, “A lot of people have difficulties, they don’t want to be seen as the whistleblower …”. He told me that once a staff member has had the courage to take the step, however, it is very important that they are looked after. Detective Inspector Rutherford said that he takes active steps to ensure such people are supported. (964)

7.98 I also saw examples on the files where police officers said that they did not want to raise issues related to a colleague’s inappropriate sexual behaviour, for a variety of reasons as discussed in the first section of this chapter. That evidence reinforces the views of the expert witnesses, also discussed in the first part of this chapter, that some features of police culture mean that police officers may find it difficult to effectively “whistle-blow” on a colleague.

7.99 I was told that the police use ethics training to encourage members of police to report allegations of sexual assault by police colleagues or associates of the police. The training also emphasises the need for managers and supervisors to create a culture within their own groups where people are willing to stand up and challenge unethical or criminal behaviour.(965) Moreover, the ethics committees are providing another avenue to enable people to report misconduct, and are fostering an awareness of the importance of police officers adhering to high standards of conduct.

7.101 I am also concerned that the existence of the current disciplinary process may further discourage whistle-blowing within the police because a whistle-blower is likely to be aware that they may have to give evidence before the police disciplinary tribunal and be subject to the formalities of that process. I acknowledge that the rule of evidence known as “informant privilege” can enable an informant’s identity to be protected in a court or tribunal situation. However, counsel assisting has advised me that it is unlikely that the identity of an informant could always be kept confidential in disciplinary proceedings, as envisaged by the Protected Disclosures Act.(967)

7.102 Encouraging a “report and be protected” approach is a challenge for any organisation. Among the important projects that the police have commenced since 2004 (discussed elsewhere in this report and tabulated in Appendix 4) is the Integrity Project, which aims to ensure New Zealand Police remains free of corruption. I was told that the Integrity Project was proposing to recommend to the Commissioner of Police that several policy options be considered to encourage confidential disclosures. One such option was a confidential telephone line, which appears to work well in Australian jurisdictions (where it is known in some Australian states as the “Blue Line”), and also in the London Metropolitan Police and the Manchester Police. I was told in 2005 that the project team proposed recommending that the policy stipulate that officers who come forward with information are provided with support by another nominated officer.(968)

7.103 In summary, police policy is well intentioned, and although there are certain formal policies amounting to “report and be protected”, they do not appear to be rationalised in one place, well understood, actively promoted, or used within the police. Moreover there is a distinct disjuncture between the developing policy and ethics training, and past and current practices regarding reporting misconduct.

7.104 In my view there should be two elements of a police strategy to support and encourage the reporting of allegations of inappropriate behaviour and sexual misconduct. First, New Zealand Police must continue to foster an organisational culture that encourages and supports internal reporting of inappropriate behaviour and sexual misconduct. The cases I have described, where misconduct went unchallenged for months or years, undoubtedly had a dampening effect upon the morale of female and male officers. Policies on disclosing wrongdoing should continue to be integrated into ethics training both for officers and for supervisors and managers.

7.105 Secondly, an effective whistle-blower mechanism is an essential component in a culture of openness. The police should design and actively promote a single stand-alone policy of “report and be protected” for all disclosures of wrongdoing, designed to ensure that staff feel safe coming forward to report any issue of concern. Other internal police policies should similarly reflect this intention. Although the policies should recognise the special status of disclosures of “serious wrongdoing” under the Protected Disclosures Act, it would in my view be mistaken to limit the scope of the applicable policies to those types of disclosures. As the Police Association pointed out, the Act’s focus on serious wrongdoing of an organisational kind does not fit well with the nature of police operational activities.(969)

7.106 My recommendations on dealing with matters related to police attitudes to investigations and disclosure of wrongdoing follow.