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Home / Rotorua Daily Post

Power, politicians and police - What the inquiry into the appointment of Deputy Commissioner Wally Haumaha is really about

Jared Savage
By Jared Savage
Investigative Journalist·NZ Herald·
17 Aug, 2018 05:00 PM10 mins to read

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Prime Minister Jacinda Ardern, Police Minister Stuart Nash, National leader Simon Bridges, and National deputy leader Paula Bennett comment on new details in the inquiry into Wally Haumaha. / Video by Mark Mitchell
A Queen’s Counsel will next week start an inquiry into the process which led to the promotion of Wally Haumaha as the second most powerful police officer in New Zealand.

Herald reporter Jared Savage, whose investigations with Phil Kitchin led to the government inquiry, looks back at the political saga and forward at what will happen next.

Who is Wally Haumaha?

Wally Haumaha first joined the police in 1984 and replaced Viv Rickard, whose term was not renewed, as the Deputy Commissioner in June.

Haumaha, who hails from the Waitetī Marae in Ngongotahā, served in Rotorua in the 1980s and 1990s until moving to Police National Headquarters in 2004.

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In his role leading the Māori, Pacific & Ethnic Services, Haumaha has risen through the ranks from Inspector, Superintendent, Assistant Commissioner and now Deputy Commissioner.

He has a Queen's Service Medal and is an Officer of the New Zealand Order of Merit.

Wally Haumaha's appointment to Deputy Police Commissioner is being examined. Photo / Mark Mitchell
Wally Haumaha's appointment to Deputy Police Commissioner is being examined. Photo / Mark Mitchell

In announcing the appointment to the statutory role, Police Minister Stuart Nash said Haumaha has the "clear vision and leadership skills" to deliver on the Government's plan for the police.

"I expect him to play a key role to strengthen Māori leadership within police and enhance the relationship between police and Māori communities, in order to reduce both victimisation and offending. He is also superbly placed to work with other justice sector agencies to reduce the prison population."

Why has the promotion been controversial?

Within a month of Haumaha's appointment in June, the Herald reported comments made by Haumaha in 2004 to detectives investigating historical rape allegations against police officers.

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Haumaha was close friends with Clint Rickards, Brad Shipton and Bob Schollum when they worked together at the Rotorua police station in the 1980s and 1990s.

He remained friends with them after they left the station and telephoned Rickards - who was by then the Assistant Commissioner in charge of Auckland - shortly after Louise Nicholas publicly alleged in 2004 the trio raped her in group sex sessions.

Her allegations - including being violated with a police baton - triggered an extensive police investigation, Operation Austin, and a Commission of Inquiry into the culture of the police and how sexual assault cases were investigated.

Detectives working on Operation Austin interviewed colleagues of the trio in January 2004.

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Haumaha was a Senior Sergeant in Rotorua when interviewed about the culture of the station in the 1980s.

"The culture of the police back in the mid-80s was work hard and play hard," he said in a statement to the Operation Austin investigation.

Haumaha described Schollum as a good friend, a dynamic leader and a "legend in his own right".

"It was no secret that Bob was attractive to a lot of women ... the legend was that he was never short of a girlfriend or female company."

Haumaha also spoke highly of Rickards and Shipton, who was an "awesome cop".

Shipton never mentioned anything about group sex, Louise Nicholas or a baton, Haumaha told Detective Sergeant John Price, now the Superintendent in charge of the Canterbury district.

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Brad Shipton and Bob Schollum being sentenced for rape after the Operation Austin inquiry. Photo / Mark Mitchell.
Brad Shipton and Bob Schollum being sentenced for rape after the Operation Austin inquiry. Photo / Mark Mitchell.

"I feel that people got the wrong impression of Brad. He was a [softie]." Haumaha told Price that he called Rickards as soon as the Nicholas allegations were published and his friend adamantly denied them.

And, according to the statement of another Rotorua police officer, Haumaha himself believed the allegations were "nonsense".

Lynton "Knocker" Dean said he met with Haumaha in February 2004.

Haumaha, according to Dean's statement, raised the Nicholas allegations and said "how much of a nonsense it was and how could anyone come out and drag it all up".

"He also said something along the lines ... nothing really happened and we have to stick together," Dean told Detective Sergeant Grant Johnstone.

Dean told the Herald: "I stand by my statement 100 per cent".

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"Wally was mates with those guys, he put them on a pedestal."

Rickards, Shipton and Schollum claimed the group sex with Nicholas was consensual and were found not guilty at the 2006 trial.

However, the jury was unaware Shipton and Schollum were already in prison on other rape charges laid by Operation Austin.

Nicholas, who now works with the police advising new recruits and supporting victims of abuse, was so angry to hear of Haumaha's appointment that she demanded a meeting with him and Police Commissioner Mike Bush to voice her opposition.

"I didn't hold back. I said 'I've read your statement Wally and I know what you said. You put it out there about how wonderful these men were'," said Nicholas.

Louise Nicholas. Photo / Mark Mitchell.
Louise Nicholas. Photo / Mark Mitchell.

In response to the Herald, Bush said Haumaha was a highly respected leader who "deeply regrets" the comments he made during Operation Austin.

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Bush said Haumaha had no contact with his former colleagues who were charged in relation to Nicholas' allegations since the investigation.

"Mr Haumaha recognises that the culture in the police at that time was unacceptable," said Bush.

Haumaha said: "I take responsibility for those comments, I deeply regret them, and I unreservedly apologise for the hurt and concern they have caused. That does not reflect my view or the values I bring to the job every day."

Why is this a political issue?

The Deputy Commissioner of Police is a statutory appointment, made by the Governor-General on the recommendation of the Prime Minister.

Haumaha's name was given to PM Jacinda Ardern by Police Minister Stuart Nash following a recruitment process run by the State Services Commission.

The problem was Nash was unaware of Haumaha's comments, which he labelled "unacceptable and deeply disappointing".

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Police Minister Stuart Nash. Photo / Andrew Warner.
Police Minister Stuart Nash. Photo / Andrew Warner.

At the time, New Zealand First leader Winston Peters was the Acting Prime Minister.

He announced an inquiry into the appointment process - but not the suitability of the candidate - to examine whether all relevant information was gathered by, or provided to, the SSC.

State Services Commissioner Peter Hughes, deputy Debbie Power and Police Commissioner Mike Bush made up the panel which recommended Haumaha as one of two candidates to Nash.

Peters named Internal Affairs Minister Tracey Martin, a fellow NZ First MP, to appoint someone independent to run the inquiry.

This was attacked by the National Party as inappropriate when the Herald revealed Haumaha was once picked to be a candidate for New Zealand First in the 2005 election.

This was never officially confirmed as Haumaha soon withdrew; his wife was charged with stealing $24,000 from her employer to replace the campaign funds she had gambled away.

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Soon after Prime Minister Jacinda Ardern returned from maternity leave, the Herald revealed more links between Haumaha and New Zealand First.

Winston Peters was a guest speaker at a Waitetī Marae function in 2017 to celebrate Haumaha's promotion to Assistant Commissioner.

He later took the step of making a personal statement to Parliament, stating the police invited Peters to the event.

Prime Minister Jacinda Ardern has been 'hugely frustrated' by the Wally Haumaha saga. Cartoon / Rod Emmerson.
Prime Minister Jacinda Ardern has been 'hugely frustrated' by the Wally Haumaha saga. Cartoon / Rod Emmerson.

Tommy Gear - Winston's close friend and former NZ First staff member - is a senior leader at the marae of which Haumaha is the chair.

The pair are also trustees of the Ngati Ngararanui Hapu Trust.

Gear's nephew Fletcher Tabuteau, the deputy leader of New Zealand First, also comes from the marae and described Haumaha as whanau in his maiden speech to Parliament.

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"Any suggestion that New Zealand First Cabinet ministers are seeking to unduly influence this inquiry because of such community connections is baseless nonsense," said Peters.

Ardern also downplayed any conflicts of interest.

But the saga will be a test of her leadership given the strong support for Haumaha inside Labour's Maori caucus and lobbying by influential Māori leaders.

What is the inquiry about?

Three weeks passed from when the inquiry was announced to when its original chair, Dr Pauline Kingi, was named.

She resigned before she started after the Herald revealed Kingi had endorsed Haumaha on the professional networking site LinkedIn, as well as other roles she had advising police on Maori issues.

The PM admitted being "hugely frustrated" after a Herald report about three women working on a joint project walked out of Police National Headquarters in 2016 because of alleged bullying by Haumaha.

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Prime Minister Jacinda Ardern is "hugely frustrated" by the Wally Haumaha saga. Photo / Mark Mitchell.
Prime Minister Jacinda Ardern is "hugely frustrated" by the Wally Haumaha saga. Photo / Mark Mitchell.

The policy analysts from Justice and Corrections refused to return but kept working on the project from the Justice offices.

Conflicting statements have been given about what happened next.

According to Justice, acting chief executive Audrey Sonerson raised "issues around behaviour" directly with Deputy Commissioner Mike Clement.

Sonerson went on to herself become a Deputy Commissioner of police, although just 18 months later she is on secondment to the Ministry of Foreign Affairs of Trade.

Then just this week, Police Commissioner Mike Bush confirmed an employment investigation after a police officer - a potential witness to alleged bullying- told his manager that Haumaha contacted him.

The inquiry will probe the appointment process, rather than the suitability of Haumaha for the job.

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But Parliament was told the scope of the inquiry was wide enough to query whether the bullying allegations were considered in the recruitment process.

Within a week of the PM being back at work, Mary Scholtens QC was named as the sole member of the inquiry.

Queen's Counsel Mary Scholtens. Photo / Supplied.
Queen's Counsel Mary Scholtens. Photo / Supplied.

The respected Queen's Counsel has worked in public and administrative law for 36 years and was a key member of the 2004 Commission of Inquiry into Police Conduct.

Starting on Monday - and required to report back six weeks later in October - Scholtens will examine the appointment process.

One particular term of reference is "whether all relevant information was gathered by, or provided to, the State Services Commission".

The spotlight is likely to fall on Police Commissioner Mike Bush, whom Haumaha has reported to directly for the past four years.

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Louise Nicholas has said Deputy Commissioner Mike Clement - one of the senior officers on Operation Austin - approached her ahead of Haumaha's promotion to Assistant Commissioner last year.

She said the police executive were well aware of her feelings.

"I said 'this will come back to bite you on the arse'. And it has."

Sources told the Herald that Clement - who graduated from Police College with Bush - did brief the Police Commissioner.

This was not denied by Bush.

Police Commissioner Mike Bush. Photo / Doug Sherring.
Police Commissioner Mike Bush. Photo / Doug Sherring.

"We look forward to clarifying all of these matters as part of the inquiry, as trust and confidence in, and the reputation of police, is our priority."

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This leads to the prospect of all of the most senior leaders in the police - Bush, Haumaha, Clement and Sonerson - being interviewed under oath by the Queen's Counsel.

Even Haumaha's predecessor, Viv Rickard, could be called to give evidence about what the Police Executive knew ahead of the promotion.

Not to mention the Prime Minister, Police Minister and State Services Commissioner Peter Hughes, one of the most powerful figures in Wellington.

And what happens at the end of it all?

"If, at the conclusion of the inquiry, deficiencies are found in the appointment process, the Prime Minister will seek advice from the Solicitor General or the State Services Commissioner on the appropriate next steps."

How a political fiasco unfolded

• 29 June: Herald reveals Wally Haumaha's statement to Operation Austin. Police Minister Stuart Nash says he was unaware of them. Acting Prime Minister Winston Peters announces inquiry into appointment process.

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• 2 July: Herald reveals Haumaha was once picked to be a candidate for New Zealand First.

• 23 July: Herald reveals Deputy Commissioner Mike Clement warned Police Commissioner Mike Bush about Haumaha's history. Dr Pauline Kingi announced as chair of the inquiry.

• 31 July: Herald reveals Dr Pauline Kingi endorsed Haumaha on LinkedIn. She steps down the next day.

• 6 August: Herald reveals Winston Peters was a guest speaker at Waitetī Marae to celebrate Haumaha's promotion to Assistant Commissioner and other links to New Zealand First.

• 9 August: Herald reveals three policy analysts from Justice and Corrections working on joint project leave Police National Headquarters because of alleged bullying behaviour by Haumaha.

• 10 August: Mary Scholtens QC named as new inquiry head.

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• 14 August: Herald reveals internal police investigation into complaint Haumaha contacted a lower ranking police officer ahead of Herald story about the bullying allegations.

• 20 August: Mary Scholtens to start inquiry and report back six weeks later.

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