380 NEW ZEALAND GAZETTE No. 18

Clara Bazley, to be a Commission to inquire into and report upon the conduct, procedure, and attitude of the Police in relation to allegations of sexual assault by members of the Police or by associates of the Police or by both, the extent (if any) to which unprofessional behaviour within the Police in the context of such allegations has been or is tolerated, and the manner in which such allegations have been or are investigated and handled by the Police, whether directly, or on behalf of the Police Complaints Authority, and, in particular, to inquire into and report upon:

(1) the standards and procedures established by the Police as a matter of internal Police policy for the investigation of complaints alleging sexual assault by members of the Police or by associates of the Police or by both, and, in particular, but not limited to,—

(a) whether, as a matter of internal Police policy, there have been, and are now, adequate standards and procedures in place regulating the handling of such investigations by members of the Police:

(b) whether, if so, any standards and procedures regulating the handling of such investigations by members of the Police have been, and are being, adequately communicated to all members of the Police:

(c) whether there have been, and are now, Police procedures adequately supporting and encouraging members of the Police who know of allegations that sexual assault has been committed by Police colleagues or by associates of the Police or by both to report the allegations to an appropriate senior member of the Police (or other appropriate person):

(2) irrespective of the existence or adequacy of standards or procedures as a matter of Police policy, the practice of Police in the investigation of complaints alleging sexual assault by members of the Police or by associates of the Police or by both, and, in particular, but not limited to,—

(a) the practice of Police in relation to the investigation of the complaints alleging sexual assault by members of the Police or by associates of the Police or by both in Kaitaia and Rotorua (or other relevant localities) at the material times:

(b) the current practice of Police when investigating complaints alleging sexual assault by members of the Police or by associates of the Police or by both:

(c) whether police practice has met and now meets the applicable Police standards and procedures (if any):

(d) what requirements (if any), both at a local level and at the level of Police Headquarters, have been in place, or are now in place, to ensure that Police practice complies with any relevant standards and procedures:

(e) whether disciplinary action has been and is taken against members of the Police who engage in sexual activity that gives cause for concern or complaint or both, and, if not, why not:

(f) whether the attitude of the Police has been, and is now, conducive to the effective and impartial investigation of complaints alleging sexual assault by members of the Police or by associates of the Police or by both:

(g) whether Police practice that has been in place, and is now in place, adequately supports and encourages members of the Police who know of allegations that sexual assault has been committed by Police colleagues or by associates of the Police or by both to report the allegations to an appropriate senior member of the Police (or other appropriate person):

(3) the adequacy of any investigations which have been carried out by the Police on behalf of the Police Complaints Authority and which have concerned complaints alleging sexual assault by members of the Police or by associates of the Police or by both, and, if any of those investigations have not been adequate, the respects in which they were inadequate:

(4) the standards and codes of conduct in relation to personal behaviour for members of the Police and, in particular, but not limited to,—

(a) whether the applicable standards or codes of conduct within the Police in relation to personal behaviour, including sexual conduct, have been and are adequate and effective, and, if they have not been or are not adequate and effective, the respects in which they have been or are inadequate or ineffective:

(b) whether action has been or is taken if standards or requirements of codes of conduct are not met:

(5) any other matter that may be thought by you to be relevant to the general or particular objects of the inquiry:

Definitions

And it is declared that, in this order, unless the context otherwise requires,—

associates of the Police means persons who are not members of the Police but who, whether in the capacity of friends or in any other capacity, associate with members of the Police:

member of the Police means—

(a) a sworn member of the Police of any rank; and

(b) a non-sworn member of the Police:

the Police means the Police of New Zealand; and includes all members of either sex appointed to the Police under the Police Act 1958:

Exclusion from inquiry

And it is declared that you are not, under this order, to determine the guilt or innocence of any particular individual in relation to any alleged sexual assault or other alleged criminal offence:

Appointment of chairperson

And, on that advice and with that consent, I appoint you, the Honourable James Bruce Robertson, to be the Chairperson of the Commission:

Power to adjourn

And, for the better enabling you to carry this order into effect, you are authorised and empowered to make and conduct any inquiry under this order, in accordance with the Commissions of Inquiry Act 1908, at such times and places as you consider expedient, with power to adjourn from time to time and from place to place as you think fit, and so that this order will continue in force and the inquiry may at any time and place be resumed although not regularly adjourned from time to time or from place to place:

General provisions

And, without limiting any of your other powers to hear proceedings in private or to exclude any person from any of your proceedings, you are empowered to exclude any person from any hearing, including a hearing at which evidence is being taken, if you think it proper to do so: