The document says the review was initiated following referrals from the Royal Commission of Inquiry into Abuse in State Care concerning historical sexual assault allegations against Malcolm.
Allegations spanned from 1992 to 2018 and involved multiple complainants, all male and underage at the time of the alleged incidents.
The complaints
The review looked into six complainants – referred to as A, B, C, D, E and F.
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Complainant A, whose allegations were from 1992, alleged repeated sexual abuse between the age of 15 and 19. The investigation found “credible evidence”, but no prosecution was carried out due to legal limitations such as age ambiguity and perceived consent.
The allegations were supported by a corroborative affidavit from Complainant B, who described “grooming behaviour by Malcolm”.
Complainant C’s allegations were from 2012. They alleged sexual abuse at ages 9-10 while staying with Malcolm.
“Investigation concluded insufficient evidence for prosecution, citing custody disputes and lack of corroboration,” the review said.
“Earlier complaints (e.g. Complainant A) were not accessible to investigators due to recordkeeping limitations.”
Complainant D, whose allegations were from 2018, alleged physical and sexual abuse while in Malcolm’s care. The complainant initially disclosed abuse but later retracted, “blaming his mother for fabricating the claims”.
A social worker and psychological assessments supported the retraction, halting further action.
Complainant E came to police in 2024, after Malcolm’s death, and alleged they were molested in 1977 when they were 11.
Complainant F also went to police after Malcolm’s death in relation to allegations from 2013. The woman, 38 at the time, alleged indecent exposure.
The findings said all three cases (Complainants A, C and D) were investigated thoroughly, in accordance with the protocols of the time. No prosecutions occurred due to several factors, including legal thresholds not being met, retractions by complainants and a lack of access to earlier case files due to pre-National Intelligence Application record-keeping.
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The review said Malcolm’s alleged behaviour followed a consistent pattern of targeting vulnerable boys aged 9-16, gaining trust through fostering or mentorship, isolating victims and initiating abuse in private settings, and ceasing advances when directly rejected.
“Similarities across cases suggest a clear modus operandi and potential for propensity evidence under current legal standards.”
Malcolm’s death ended any possibility of prosecution.
“A consolidated investigation was under way at the time of his death, aiming to reassess all complaints collectively.
“New complainants (E, F) and informants have since come forward, and their information is being documented for support purposes.”
The conclusion
The review concluded Malcolm “likely engaged in coercive and/or criminal sexual conduct with multiple young boys”.
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“While no charges were laid during his lifetime, the cumulative evidence – had it been available and considered together – could have supported prosecution, particularly in the Complainant C case.”
“The review highlights systemic issues in historical file retention and inter-agency communication, which hindered earlier detection and action.”
Detective Superintendent Darryl Sweeney said in a statement to RNZ police had contacted the complainants to fully explain the circumstances of their individual cases and update them on the findings of the review.
“I want to take this opportunity to acknowledge the victims and the courage they have displayed in coming forward. This review was important for them, but it was also an important opportunity to identify any lessons for police.”
He said the review highlighted systemic issues in historical file retention and inter-agency communication, which hindered earlier connection of the various complaints against Malcolm that were received and actioned by police over three decades.
“Modern police file management systems, as well as oversight from three territorial detective superintendents, ensures victims and offenders can be linked much earlier to identify possible patterns of offending.”
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Malcolm was first elected as MP for Eden in 1975 defeating the then-upcoming politician and future Prime Minister Mike Moore. He held one of New Zealand’s most marginal electorates for three elections, but was defeated when National lost power in 1984.
A staunch supporter of then Prime Minister Robert Muldoon, he was promoted to be a Parliamentary under-secretary in 1978 and to Cabinet in 1981. He served as immigration minister from February 1981 and was also appointed to the contentious health portfolio after the 1981 election.
As immigration minister he approved the visas given to the South African rugby team, allowing their controversial tour of New Zealand to go ahead.
After his election defeat he set up one of the first immigration advice consultancies, Malcolm Pacific Immigration, and was prominent in the Association of Migration and Investment, cowriting its code of ethics.
In 1986 and 1987 he was one of the businesspeople backing New Zealand’s first America’s Cup Campaign.
– RNZ
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