Mark Mitchell v Andrew Coster: Can the underfire Police Commissioner work with his harshest critic?

Mark Mitchell (left) is questioning Police Commissioner Andrew Coster's 'Policing by consent' approach. Photo / NZME

ANALYSIS:

Buried in the middle of a press statement announcing the National Party’s law and order policies was a bland sentence with far more significance than the promised anti-gang crackdown which made the news headlines.

“In addition to funding a net increase in police officers, National will scrap Labour’s policing by consent philosophy which has been a failure and encourage a back-to-basics policing model,” National’s police spokesman Mark Mitchell said.

To most eyes, Mitchell’s comments were an attack on the Labour government, which is to be expected from an Opposition MP during the heat of an election campaign.

But the reference to “policing by consent” is a thinly veiled criticism of National’s intended target: Police Commissioner Andrew Coster.

The phrase is one that Coster has consistently used since his appointment in April 2020, and is a guiding philosophy for democratic police forces around the world dating back nearly 200 years.

In 1829, Sir Robert Peel, the British Home Secretary, advocated for the establishment of a police service that would seek to use minimum force to maintain law and order.

The concept of policing by consent, is that essentially, the public needs to approve of, and co-operate with, the police - who are entrusted with great powers - to successfully keep the peace on behalf of the community.

The principle remains fundamental to policing in New Zealand, but the National Party has long believed that Coster’s adherence to the mantra has gone too far, and put public safety at risk.

Not long after calling the Police Commissioner a “wokester” in 2021, former National MP Simon Bridges engaged in a heated exchange with Coster about his philosophy at a select committee hearing.

“Let me tell you what policing by consent means,” Coster replied firmly. “When we look overseas and we see the violent clashes between communities and police - over Covid lockdowns, over Black Lives Matter - that is what it looks like when police lose the consent of their communities.”

Of course, less than a year later, the grounds of Parliament were the scene of the most ugly and violent clashes between police and protesters since the Springbok Tour, with the police executive criticised for failing to disperse the occupation until it was far too late.

The occupation at Parliament in early 2022 ended with ugly scenes between police and protesters. Photo / Mark Mitchell

While no one doubts the intelligence or integrity of Coster, the National Party attacks on the Police Commissioner - against the backdrop of increased gang activity, ram raids and retail crime - did not end with the retirement of Bridges in 2022.

While Mitchell, a former police dog handler, is rightly expected to hold the Police Minister to account, he has dragged Coster into the political debate by at times criticising Labour and the country’s top cop in the same breath.

The reference to National scrapping “policing by consent” in its law and order policy announcement is not an accident.

The ongoing tension raises an obvious question: if Mitchell becomes the Police Minister after the election, will Coster stay in the job?

The role of Police Commissioner is statutorily independent of the government, regardless of who is in power, and Coster’s five-year term doesn’t end until April 2025.

That doesn’t mean a National-led government couldn’t make life difficult for the incumbent.

As an experienced politician, Mitchell sidestepped the question by saying the decision of “who is best for the role of Police Commissioner” is one for the incoming government to make. National are ahead in the polls, but anything could happen on election night.

But he did say this.

“I have had two official meetings with Commissioner Coster and I think it was clear that we had different views on the effectiveness of the Policing by Consent model currently being used under the Labour Government,” Mitchell told the Herald.

“It has resulted in confused messaging to the public and frontline police and created a permissive environment for gangs, violence and retail crime to rapidly grow.”

Hardly a ringing endorsement.

Asked whether he could work with Mitchell given the negative commentary by the potential next Police Minister, Coster released the following 408-word statement to the Herald.

“Section 16 of the Policing Act defines the relationship between the Commissioner and the Minister of Police, including the respects in which the Commissioner is independent and the matters for which they are accountable to the Minister. In line with this, Police supports the government of the day to implement its policies and support its priorities, while maintaining constabulary independence.

“With regard to some of the comments you mention, the Commissioner acknowledges that crime in New Zealand has always been of high public interest and of growing concern.

“He also acknowledges the Opposition’s important role in holding Ministers and officials to account, including through the select committee annual review process.

“That scrutiny – while sometimes personal – can be challenging, but I embrace this as a fundamental part of our democracy and an important part of keeping Police accountable to the public.

“I know that people are genuinely concerned about the visible presence of gangs, ram raids and unlawful behaviour. I share these concerns, and within the Police we are constantly challenging ourselves as to how we can further support our frontline to suppress antisocial and unlawful behaviour, hold offenders to account, and prevent crime and harm.

Police Commissioner Andrew Coster says he welcomes the scrutiny which his role attracts despite the criticism is at times 'personal'. Photo / Dean Purcell

“Our implementation of the Tactical Response Model means we can go after the most dangerous offenders in our communities, and we have hundreds of great investigators who have helped put many senior gang members in New Zealand behind bars for a long time. We’re also making sure that for those ready to leave gang life, or families on the periphery of gang life, they can get the help they need.

“As the criminal environment evolves, so must our response – and in this regard I am hugely proud of how our staff respond every day in an increasingly challenging environment where demand for service is constantly under pressure. We are currently exploring options to enable our frontline to spend more time being visible and more accessible in policing communities, rather than continuing to invest ever-increasing amounts of time responding to the family harm and mental health calls for service. Our staff are out there every day working so hard to keep our community safe, but the strain on our frontline staff is real.

“At the end of the day, everyone wants less crime and safer communities. Police cannot do this alone, and I look forward to working with the government that forms following the election, toward the shared goal of keeping our communities safe.”

Doesn’t sound like the Police Commissioner plans on going anywhere, anytime soon.

Jared Savage is an award-winning journalist who covers crime and justice issues, with a particular interest in organised crime. He joined the Herald in 2006, and is the author of Gangland and Gangster’s Paradise.

Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.