Almost a year after the current contract formally ended, a new chair for the Independent Police Conduct Authority is set to take over, but not all in Parliament are supportive
Judge Kenneth Johnston KC will soon take over as chair of the Independent Police Conduct Authority (IPCA).
The current chair, Judge Colin Doherty, was appointed in 2017 for five years but had his term extended to see out several high-profile investigations, including the review into the police’s response to the occupation of Parliament.
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This report is due to be published in the week of April 17 and Judge Johnston will take over on May 1 for a five-year term.
Minister of Justice Kiri Allan recommended Johnston in Parliament, telling the House it was important the IPCA was lead by people of the highest calibre.
“Associate Judge Johnston was appointed to the High Court bench in early 2018. He practised as a barrister from 2007 to 2018, and was made King's Counsel in 2016. The majority of his early career was with MinterEllisonRuddWatts, including seven years as managing partner. He has experience as chair of the Teachers Disciplinary Tribunal and deputy chair of the Health Practitioners Disciplinary Tribunal.
"[He] has experience in criminal work as both a prosecutor and defence counsel in jury and appellate trials and in civil work, including general civil and commercial litigation, trusts and estates, construction, employment, family, and professional disciplinary litigation. His overall experience in governance, investigatory, disciplinary, and criminal work gives him the requisite experience and ability to undertake the work of the chair of the Independent Police Conduct Authority.”
"There is no shortage of qualified Māori people to choose from who would bring their considerable skills and experience to the leadership of the IPCA." - Rawiri Waititi, Te Pāti Māori co-leader
However Te Pāti Māori wanted to see a Māori appointment to the role.
Co-leader Rawiri Waititi said it was a missed opportunity.
“We acknowledge the experience and qualifications of Kenneth Johnston KC, however, we believe this appointment represents a missed opportunity from the Government to have appointed a tangata whenua leader to chair the IPCA.”
He said tangata whenua had been disproportionately impacted by abuse of police power and inappropriate conduct throughout history and police was undeniably a racist institution.
“We need a police watchdog who understands this reality at a deep cultural level and has the unique qualifications that come with surviving as Māori in this country.”
He said there were plenty of qualified Māori who could have taken up the role.
“We now have Māori across all levels of the legal and justice professions, including the Supreme Court. There is no shortage of qualified Māori people to choose from who would bring their considerable skills and experience to the leadership of the IPCA.
“We wish Kenneth Johnston KC well and challenge him to act with the rights and interests of tangata whenua at the forefront of his work.”
Allan said afterward she believed the right person had been found for the job.
"Diversity will continue to be an important consideration in all official appointments, including those to the IPCA.”
National and Act were supportive of the appointment, with Paul Goldsmith thanking Kiri Allan for the consultation beforehand.
“It is important that these kinds of roles have bipartisan support and we welcomed the opportunity to comment on it, as expected, but it's important that these practices continue.”
Green Party justice spokesperson Golriz Ghahraman said the appointment of someone who had experience as both a prosecutor and defence counsel was to be commended.
“Who knows the frameworks within which police exercise these powers, and understand the rights – in particular in the criminal justice arena – and understands and knows very well the significance that we as a society, and in particular our courts and justice system, rightly place on our rights and our liberties being protected against.”
However, Ghahraman took the opportunity to point out that while the IPCA is an important institution, it lacked teeth.
“To only fund 2 percent of cases [out of all those referred] to be investigated, is really tying the hands of this new appointee that we're all commending today.
“We also know that this is an office that has throughout time – and in its own reports – been found to lack the appropriate powers because it can't prosecute.”
She urged lawmakers to strengthen the IPCA and take the recommendations it made more seriously.
The Governor-General is yet to sign off on the appointment, but is expected to do so within the next week.
