NEW ZEALAND GAZETTE, No. 76

5 MAY 2005

1796

McEntee, Brian Anthony, 427B Pukehangi Road, Rotorua.

McEwen, Cameron James Ian, 28 Wharepaina Crescent, Rotorua.

Mullis, Jeffrey Ivan, Fire number 41, State Highway No. 2, Masterton.

Norman, Waihineiti Ruth te Kawa tapu ao Rangi, 24 Inglis Street, Birkenhead, North Shore City.

Orr, Janice Marion, 10 Te Awa Kite Road, Tuakau.

Pearson, Nigel Kenneth, 25 Wyllie Road, Papatoetoe, Auckland.

Pibal, Ann Mary, 51 Konini Street, Wainuiomata.

Pratt, Margaret Ilene, 10 Morrica Avenue, Morrinsville.

Pulotu-Endemann, Fuimaono Karl, Apartment 8, 5 Levy Street, Mt Victoria, Wellington.

Redding, Graham Ernest, 21 Lower Watt Street, Wadestown, Wellington.

Sadler, Ruth Rebecca, 17 Parry Street, Sandringham, Auckland.

Schnuriger, Susan June, 1659 Te Aroha-Gordon Road, Te Aroha.

Shearman, Florence Melva, 309 Port Road, Whangamata.

Stables, Gail Patricia, 26A Wainui Road, Ohope.

Tucker, Annie Louise, 2 Cressy Terrace, Lyttelton, Christchurch.

White, Alison Tamzin, 6 Frye Crescent, Albert Town, Wanaka.

Young, Helene Agnes Phyllis, 32 Waiwaka Terrace, Fitzroy, New Plymouth.

Dated at Wellington this 5th day of May 2005.

B. E. CLARKE, Registrar-General.

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Commissions of Inquiry Act 1908

Directions to, and Membership and Reporting Time of, Commission of Inquiry into Police Conduct

SILVIA CARTWRIGHT, Governor-General

ORDER IN COUNCIL

To all to whom this order shall come, and to:

The Honourable JAMES BRUCE ROBERTSON of Wellington, a Judge of the High Court of New Zealand;

and

Dame MARGARET CLARA BAZLEY of Wellington, retired public servant:

GREETING:

WHEREAS, by Order in Council made on 18 February 2004*, you, The Honourable James Bruce Robertson and Dame Margaret Clara Bazley, were appointed 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:

Directions to Commission

And whereas, since the Commission was appointed,—

(a) investigations conducted by the Police into matters that are within the Commission’s terms of reference have resulted in criminal charges being laid in respect of a number of alleged offences; and

(b) specific obligations with regard to confidentiality have been imposed on the Commission by the passing of the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 and by the undertaking that the Commission is required to give under section 32 (2B) (b) of the Police Complaints Authority Act 1988:

And whereas ongoing investigations that are being conducted by the Police into matters that are within the Commission’s terms of reference may result in further criminal charges being laid:

And whereas there is a need for the Commission to continue with the inquiry but to exercise its powers and discretions—

(a) in such a way as to avoid prejudice—

(i) to prosecutions; and

(ii) to any such ongoing investigations; and

(b) in such a way as to ensure that the Commission is not precluded from complying with any undertaking that the Commission has given or gives under section 32 (2B) (b) of the Police Complaints Authority Act 1988:

And whereas the need for the Commission to so exercise its powers and discretions means that it is necessary that the Commission should be required—

(a) to conduct its preliminary investigations in private and to limit its public hearings; and

(b) to make, in its report and in any interim report, findings of a more general nature than those that were envisaged when the Commission was appointed:

And whereas it is expedient that it should be made clear that current investigations by the Police and current criminal proceedings before the courts are not to be affected by the inquiry made by the Commission:

NOW, THEREFORE, pursuant to the Commissions of Inquiry Act 1908, I, Dame Silvia Cartwright, the Governor-General of New Zealand, acting on the advice and with the consent of the Executive Council, do, by this order,—

(a) direct that you are not, under the Order in Council made on 18 February 2004*, to inquire into or report upon any allegations that are for the time being the subject of—

(i) investigation by the Police; or

(ii) any criminal proceeding that has been commenced under any enactment and is for the time being pending or in progress before any court; and

(b) direct that you must—

(i) conduct in private your investigations into the manner in which allegations of sexual assault by members of the Police or by associates of the Police or by both have been investigated and handled by the Police; and

(ii) hear any responses to those allegations in private; and