At the time of the police investigation – July 2024 – Forbes was working for Social Development Minister Louise Upston, and yet she was never notified. Police never laid charges after deeming the case did not meet the threshold for prosecution.
Police Commissioner Richard Chambers says it is important police executive members alert their Commissioner to matters that may need consideration. Photo / NZ Herald
After the story broke in June, Police Commissioner Richard Chambers told reporters he only became aware of the case via the media and immediately notified the Department of Prime Minister and Cabinet and the Police Minister under the “no surprises” policy.
Asked why the matter had not been escalated to the Beehive earlier, Chambers directed those questions to “the Commissioner of the day”.
He said he was not a member of the executive during the Forbes investigation and was working at Interpol in France at the time.
“I cannot speak for the decisions made last year by the executive,” he said.
“The executive was aware of the police investigation, and there will be different circumstances or reasons as to why a matter may or may not be elevated.”
That “Commissioner of the day” was Chambers’ predecessor Andrew Coster.
But during that same media conference, Coster sent out a statement saying he had also only just been made aware of the case.
“I learned of this situation through the media in the last 24 hours,” Coster said. “As I no longer have access to information about police’s processes I am unable to comment further.”
As the media conference drew to a close, reporters asked Chambers how it could be the case that Coster had not been kept in the loop either.
Chambers said he did not have all the details but “it is important that police executive members alert their Commissioner to matters that may need consideration”.
On Wednesday, police provided a tranche of documents to RNZ and other media under the Official Information Act, including internal correspondence after the complaint being laid.
Prime Minister Christopher Luxon and former press secretary Michael Forbes (left). Photo / Mark Mitchell
The information shed some light on who was notified about the Forbes investigation, but still did not explain why ministers were not alerted.
A timeline shows that at 5.40pm on July 12, 2024, the police received a complaint that Forbes had covertly recorded audio of a session with a sex worker the night before.
The “informant” said they had taken two of Forbes’ phones – one personal, one work – and found other concerning audio files, images and video.
As soon as Forbes’ Beehive job was established, “procedural escalation notifications” were sent to senior police staff via email and text about 6.15pm.
The situation report was titled: “Allegation of sexual offending against Government Minister’s Press Secretary”.
Among the nearly 40 recipients were Coster and then-deputy commissioners Jevon McSkimming and Tania Kura.
Jevon McSkimming has since resigned from police and is facing multiple charges of possessing objectionable publications. Photo / Mark Mitchell
Coster, however, was on leave, and McSkimming was Acting Commissioner.
At 6.34pm, Kura requested the message be recalled: “The distribution list is too broad for this type of communication.”
Three minutes later, an attempt was made to recall the situation report.
“Thanks,” Kura wrote back. “It’s one of those ones that is a little more sensitive and didn’t need such a wide audience.”
The same sentiment was reflected shortly after in a text message from Wellington District Commander Superintendent Corrie Parnell to the police communications team: “Just need you to ensure we calm the farm and step through things. Already a cast of 1000s in the loop.”
It remains unclear how successful the recall attempt was – and who actually received the message.
In a fresh statement to RNZ on Wednesday, Parnell said: “As the email was recalled, not all the people on the distribution list would have seen the notification email or had any awareness of the details.”
Asked for further comment, Chambers provided RNZ with a statement, reiterating the responsibility for escalation lay with the previous Commissioner.
“In my view it should have been escalated. However, these are matters of judgment for the executive at the time.”
A spokesperson for Coster, who now heads the Social Investment Agency, said: “Police have advised that the notification email was recalled shortly after it was sent.
“[Then] Commissioner Coster was off on leave at that point so it was handled by others. He will not be commenting further and you will need to direct any further queries to the NZ Police.”
McSkimming has since resigned from the police and was facing eight charges of possessing objectionable publications including child sexual exploitation and bestiality material over a four-year period.
Kura separately announced her intention to retire from the police in November.
At the time of that announcement, Chambers acknowledged her “dedication and service” through a “long and impressive policing career”.
– RNZ