“The Policing Act is very clear: A Deputy Commissioner of Police must be a ‘fit and proper’ person. They are rightly held to the highest standards of conduct and this new information called into serious question Mr McSkimming’s fitness for office.
“When Mr McSkimming was invited to respond to these allegations he chose to resign. Mr McSkimming’s resignation has confirmed my view that his continuation in the role was untenable.”
Mitchell and the Police Commissioner Richard Chambers have not commented on the nature of the new allegations because of the ongoing investigations.
The Herald revealed that detectives investigating the original complaint against McSkimming - the details of which cannot be reported currently for legal reasons - allegedly discovered pornographic material on one of his electronic work devices.
It is understood that the material is being assessed as to whether or not it could be classified as objectionable, which could lead to criminal charges.
McSkimming’s lawyer Linda Clark has declined to comment on his behalf so far.
But late on Friday, Clark filed an urgent application in the High Court seeking an injunction to stop media from publishing further details about the material allegedly found on McSkimming’s electronic devices.
The application was not opposed by lawyers for the New Zealand Police and granted on an interim basis by Justice Karen Grau.
Even the fact that McSkimming had sought an injunction against the media was suppressed; a non-publication order which is sometimes referred to as a “super injunction”.
The injunction is opposed by NZME, Radio New Zealand and Stuff, which are jointly represented by Robert Stewart KC.
At a High Court teleconference hearing on Monday afternoon, Clark no longer sought for the super injunction to remain in place.
But the injunction to stop publication of the nature of the alleged objectionable material remains in place for now.
The arguments for and against publication of those details will be aired at another High Court hearing at a future date.
The legal skirmish between McSkimming and the media organisations comes as the former deputy commissioner remains under criminal investigation by the police, and the Independent Police Conduct Authority.
“This comprises oversight of a Police investigation into whether there has been any criminal wrongdoing by Mr McSkimming and a review of whether there has been any related non-criminal misconduct,” the IPCA said in written statement released on Thursday.
“In addition, the Authority is conducting an independent investigation into whether there has been misconduct or neglect of duty by any other police officer or employee in the course of responding to the allegations.”
The IPCA said no further comment would be made until the investigations are complete, but would not give a timeframe on when that might be.
McSkimming was the second-most powerful police officer in the country until last week.
Given his seniority in the ranks, the Herald understands that it is expected that former Police Commissioner Andrew Coster and other members of the police executive - past and present - would be interviewed by the IPCA about their knowledge of the “complaint by the member of the public”.
Coster is now the chief executive of the Social Investment Agency, and declined to comment about McSkimming when questioned by media.
“I can‘t comment on the details of this because there are multiple investigations underway and we need to let those investigations take their course,” Coster said.
“It might be appropriate for me to comment when that‘s occurred, but in the meantime, it‘s most appropriate for me to say nothing.”
On the same day that McSkimming resigned, Chambers ordered an independent review to ensure police have “sufficiently strong controls” to prevent or detect the misuse of police technology and equipment for non-work-related purposes.
“I want to ensure robust mechanisms are in place to safeguard police systems from inappropriate use and to detect instances of inappropriate use,” Chambers said.
“I expect to receive a report outlining opportunities to enhance the security of police systems and defend against attempts to access inappropriate content.”
The sudden resignation of McSkimming is a shocking development given he was one of the top candidates to replace Coster as the Commissioner of Police in late 2024.
McSkimming graduated from Police College in 1996 and spent the first 10 years of his career in frontline roles in Auckland, Southland and the West Coast.
He shifted to the Wellington district for several years in leadership positions, before moving to Police National Headquarters (PNHQ) in 2010 and rising through the ranks there.
In 2023, McSkimming was promoted to deputy commissioner on the recommendation of Chris Hipkins, who was Prime Minister at the time, following a Public Service Commission selection process.
“Deputy Commissioner Jevon McSkimming brings a relatively unique career path within New Zealand Police,” according to a report presented by Hipkins to Cabinet.
“He has been a police officer for 27 years but, since 2010, McSkimming has used his operational skills across the organisation to shape strategy, service delivery and resolutions, financial planning, arms administration, ICT and infrastructure.”
The departure of McSkimming means there is now a vacancy for an influential position in the police executive.
He was one of two statutory Deputy Commissioners, an appointment made by the Government, which is an important role within the constitutional framework of police and carries a safeguard of independence from the Police Commissioner.
If Chambers was to be incapacitated, for example, the most senior statutory deputy commissioner takes charge until a new commissioner is appointed.
Similarly, if any allegations were made against Chambers, the statutory deputy has the independence to investigate without interference.
Following McSkimming’s departure, Tania Kura is now the only possible replacement for Chambers until a new statutory deputy is appointed.
Jared Savage covers crime and justice issues, with a particular interest in organised crime. He joined the Herald in 2006 and has won a dozen journalism awards in that time, including twice being named Reporter of the Year. He is also the author of Gangland, Gangster’s Paradise and Underworld.
