New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
80.
The alleged behavior and the lack of Police action garnered public outrage. On 16
November 2013 numerous protests were held across New Zealand’s major cities to
speak out against rape culture, the police mishandling of the case, victim blaming and
inadequate funding for rape crisis centres and educational programmes set up
focusing on consent, and rape prevention and awareness.
81.
The IPCA was asked by the Minister of Police to conduct an inquiry into Police
actions in this case. In March 2015 the IPCA released its report.42 The IPCA found
that “while existing Police child protection policy and investigation is sound,” the
Police failed in several significant areas to meet the requirements of a good criminal
investigation.43
82.
In particular the IPCA concluded that there was a lack of emphasis on prevention in
the investigations. The IPCA stated in its report that:44
…all of the Police officers involved in these matters treated the young women and
their families with courtesy and compassion, and ensured that they were afforded
both dignity and privacy. Officers were clearly victim-focused and motivated to act in
accordance with the victims’ wishes, and in their best interests. The Authority does
not question the appropriateness and importance of this focus, and recognizes the
substantial improvements in policing practice that have effected in the last decade.
However, it is concerned that in several of these cases, because officers concluded
that there was insufficient evidence to proceed without the cooperation of the young
women, they decided that no further action was required. They therefore overlooked
the importance of holding the young men accountable for their behavior and
preventing its recurrence.
(Emphasis added)
The Police, themselves, have acknowledged that this is an area requiring further
policy development to guide Police practice.45
42
IPCA, Report on Police’s Handling of the alleged offending by ‘Roastbusters’, Wellington (March 2015).
Ibid at 33.
44
Ibid at 14.
45
Ibid.
43
33