law in preventing organized threats to public safety and security. The treatment of
Māori and Pakeha was also raised and it was suggested that the police would not
have employed the same tactics if predominantly Pakeha communities had been
involved.
162
Within days the Commission received over 50 enquiries, complaints and expressions
of concern. In considering how best to respond the Commission took into account
that those arrested would be able to challenge any evidence through the formal
court processes and that a complaint mechanism with extensive powers to examine
Police files and require evidence, namely the Independent Police Conduct Authority
(“IPCA”), was available89. The Commission therefore chose not to investigate the
complaints but rather analyse the human rights considerations that arose in the
exercise. During this time the Commission maintained contact with Tuhoe and New
Zealand Police leadership to ensure that the matter was being resolved in the way
we had been advised it would.
163
On 22 May 2013 the IPCA published its report Operation Eight: The Report of the
Independent Police Conduct Authority (“the IPCA Report”). The IPCA found that
Police had acted unlawfully in establishing road blocks in Taneatua and Ruatoki and
in detaining and searching people around New Zealand. The IPCA made a number of
recommendations to Police following its investigation, including changes to policy
and practice relating to the use of road blocks, the introduction of more general
community impact assessments before searches are undertaken in major operations
and better planning where children and vulnerable people are involved. The IPCA
also recommended that Police re-engage with Tuhoe and take appropriate steps to
build bridges with the Ruatoki community.
164
On 27 July 2014 Police Commissioner Mike Bush undertook a series of visits with
Tuhoe whanau to deliver a personal apology. In August 2014 the Police
Commissioner, accompanied by Māori Leaders, representatives of tribal groups from
throughout the country, 90 police officers from the Bay of Plenty District, Iwi liaison
officers and the Police Executive, was welcomed onto Te Rewarewa Marae, Ruatoki.
165
The Commission’s human rights analysis concludes that no comprehensive
assessment of the impact on innocent people was carried out; and insufficient
support was provided to innocent people. The Commission made several
recommendations to help ensure negative impacts are minimised in the future:90
an independent agency, possibly the Commission could have usefully been
tasked with monitoring the human rights of innocent affected people in the
89
The criminal matters were still before the Courts and the IPCA had not reported at the time this comment was being
prepared.
90
A copy of the Commission’s report is available here: http://www.hrc.co.nz/2013/commission-releaseshuman-rights-analysis-of-operation-eight
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Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR