Former Deputy Police Commissioner Tania Kura
The IPCA said Kura failed to make “sufficiently robust” inquiries in relation to allegations posted on LinkedIn in May 2023, relying “too readily” on McSkimming’s account.
The Independent Police Conduct Authority (IPCA) commended Kura’s acceptance of responsibility for the failure to refer allegations to Police’s National Integrity Unit (NIU) and the IPCA.
“However, her failure in this regard was compounded by her subsequent actions; after Commissioner Coster tasked her with overseeing the response to Ms Z’s emails, there were several points at which she could, and should, have made it clear to staff … that there was an explicit expectation that the allegations should be investigated.”
Former Deputy Commissioner Tania Kura. Photo / RNZ, Reece Baker
The IPCA acknowledged that Kura did appoint Officer B to deal with the matter, and expected him to exercise judgment in terms of how to deal with the reports.
“We accept, therefore, that Deputy Commissioner Kura did not act with the intention of stopping an investigation into the allegations at that point.”
The IPCA commended Kura for recognising, “albeit belatedly”, the need to investigate the allegations in the emails and 105 reports.
“However, that investigation was tainted by her concern, shared by others, about the implications for Deputy Commissioner McSkimming’s future career and the risk that, if Police “rushed into” an investigation, he would potentially be further victimised.
“This prevented her and others from approaching the investigation as an orthodox sexual assault preliminary investigation.”
Kura retired in July after 38 years in the police. She took leave from late August until November 3.
Assistant Commissioner A
RNZ understands Assistant Commissioner A is former Assistant Commissioner Paul Basham.
Basham retired in September, two months after Kura.
RNZ approached Basham for comment following his resignation, on what connection it had with the pending IPCA report.
A police spokesperson messaged RNZ and said Basham wanted to pass on his retirement was “unrelated to anything other than it was the right time for him and his family. Entirely personal decision”.
The IPCA’s report said the terms of reference for Operation Herb, which Basham was “directly responsible for”, were “in no way consistent with police adult sexual assault policy and procedures”.
“He was unreasonably preoccupied with ensuring Deputy Commissioner McSkimming was not being unfairly disadvantaged in the forthcoming appointments process for the new Commissioner, for which he knew Deputy Commissioner McSkimming would be an applicant.”
Superintendent Paul Basham and Dunedin Hospital emergency department head Dr Richard Stephenson brief reporters. Photo / RNZ
The IPCA said there were several factors that mitigated Basham’s failings.
“He had only come into the role of Assistant Commissioner of Investigations in April 2024, with limited handover and in the context of the rollout of new gang laws and other high-priority matters. As he puts it, his ‘head was spinning’.
“He has acknowledged that if presented with the same circumstances again, he would do things differently, including being ‘unequivocal about the primacy of alignment to ASA policy in the terms of reference’.”
From 2017 to 2024 Basham was the Southern District Commander.
RNZ obtained a copy of an email sent by Basham to Chambers on September 15 under the OIA.
Basham said that week marked 40 years in police.
“It has always been my intention to review my tenure in police on this anniversary and, having reached the 40-year anniversary or milestone, I have decided to retire from police,” he wrote.
“I have had an incredibly rewarding career and intend to retire positively from police – I wish you well as you lead our amazing people who are the New Zealand Police.”
The next paragraph was redacted, but the email ended with Basham asking for Chambers’ permission to “send a short, positive, message” to several teams about his decision.
About two hours later, Basham wrote to some of his colleagues about his departure.
“I remain passionate about the difference police make for people and communities in Aotearoa NZ, the progress we have made as an agency to understand what it means & and why it is important – to have ‘the trust and confidence of all’, but the time is right for me to retire.”
Officer B
RNZ understands Officer B is Detective Superintendent Chris Page. Page is still working in the police.
The IPCA said Page’s failings were “considerable”.
The authority said Kura sought his advice on the best way to make the email harassment stop, and he recommended a district-led criminal investigation into Ms Z’s conduct.
He also failed to act on recommendations to consider investigating the allegations contained in the emails and to refer the matter to NIU and the IPCA.
“As Acting Assistant Commissioner of Investigations and the officer overseeing the prosecution of Ms Z, Officer B was in a position to ensure there were two parallel but independent investigations – one into harassment by Ms Z and one into complaints made against Deputy Commissioner McSkimming.”
Former Assistant Commissioner Paul Basham. Photo / RNZ, Samuel Rillstone
The IPCA said it was “driven to the inescapable conclusion that Officer B had no interest in exploring whether there was any truth to the allegations”.
The IPCA also criticised Page for inserting into the summary of facts in relation to Ms Z’s prosecution the word “false” in respect of her allegations, despite knowing they had not been investigated.
“Given Officer B’s role as the Detective Superintendent overseeing that investigation, we find it deeply concerning that he did not read the legal opinion or otherwise turn his mind to whether both the evidential and public interest tests had been met before sanctioning the decision to proceed with charging Ms Z.”
The IPCA said Page’s mindset from the outside of his involvement was “that Deputy Commissioner McSkimming was the only victim, and that there was nothing else to investigate”.
Deputy Commissioner PLC
RNZ understands Deputy Commissioner PLC is former Deputy Commissioner of People, Leadership and Culture, Chris de Wattignar, who now works as the head of aviation security at the Civil Aviation Authority (CAA).
The IPCA said de Wattignar had an obligation to exercise independent judgment and take any necessary action to ensure senior officers were acting in an appropriate way.
“Despite his Director of Integrity and Conduct raising her concerns with him in the clearest language, he clearly failed to fulfil that obligation.”
The IPCA acknowledged his responsibility was “to a degree mitigated” by the fact he sought advice from Coster.
“His failing lies in the fact that he simply relied upon Commissioner Coster’s and Deputy Commissioner Kura’s assurances without further inquiry of his own, despite the continued expressions of concern from Officer M.”
De Wattignar’s perception that once he became aware of concerns he lacked the necessary authority was proof of the “inadequate status and independence of Police Integrity and Conduct”.
Detective Superintendent Chris Page. Photo / RNZ, Brad White
“While we do not doubt there was significantly more he could have done, the status of Integrity and Conduct within Police no doubt needs reframing.”
A CAA spokesperson said in a statement to RNZ the matters discussed in the IPCA’s report “relate to events that occurred during Chris de Wattignar’s previous employment with New Zealand Police”.
“As this was a police matter and is now the subject of extensive public reporting and oversight, it would not be appropriate for the Civil Aviation Authority or for Chris in his current role to comment.”
The CAA had no involvement in the police investigation or the IPCA’s findings, the spokesperson said.
“We are focused on our statutory responsibilities for aviation safety and security, and we continue to support our people to uphold the highest standards of professionalism and integrity.”
– RNZ