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National and Act are demanding Police Minister Stuart Nash resign after he criticised a judge’s sentencing and called his Police Commissioner ‘mate’ to ask ‘surely you are going to appeal?’
Nash, speaking to Newstalk ZB this morning, referenced the conversation while talking about the need for appropriate punishments for offenders. He was not Police Minister at the time of the conversation.
“I’ve seen a couple of judgements, and actually one I phoned up the Police Commissioner and said ‘surely you’re going to appeal this?’
“I was wandering around telling everyone ‘if you have an illegal firearm, you could face five years in jail’.
“This bloke didn’t have a licence, had illegal firearms, had illegal ammunition and had guns without a licence and he got home detention, I think that was a terrible decision by the judge.”
Nash then sent a message to the judiciary, saying judges need to “read the room” on crime.
“Society is sick to death of these gang members creating havoc and we want it to be dealt with appropriately, but unfortunately police don’t determine what happens to them once they get in court.”
Criminal Bar Association president Fiona Guy Kidd KC told the Herald it was important for judges to operate free from interference or criticism by members of the executive.
“Judges make their decisions on a large amount of information which may not all be reported,” she said.
“It is unfair to attack them publicly for decisions made because they cannot answer back and have no power to change a decision once it is made.”
Guy Kidd said an appeal would be the appropriate forum to address a perceived error made by a judge.
Speaking to reporters today, Nash maintained he had done nothing wrong, claiming he had simply asked a question of his “mate” Coster.
The instance he had referred to on Newstalk ZB reportedly occurred about two years ago after Nash had moved on from the police portfolio he was given in 2017.
“I wasn’t the Minister of Police, I was chewing the fat with a guy who was a mate about a decision that I thought was very bad in the circumstance that I had been involved in as Minister of Police buying back firearms, and I’m going to leave it at that.”
Nash rebuffed any suggestion his relationship with Coster was inappropriate, given his role as minister.
Police Commissioner Andrew Coster. Photo / NZME
He also restated his assertion that the court’s decision two years ago was flawed.
“I stand by that, I think it was a very bad decision.”
The Cabinet Manual, a document that outlines how ministers should act, states that ministers should not “express any views that are likely to be publicised if they could be regarded as reflecting adversely on the impartiality, personal views, or ability of any judge”.
“Following a long-established principle, Ministers do not comment on or involve themselves in the investigation of offences or the decision as to whether a person should be prosecuted, or on what charge.”
According to the manual, a minister concerned about a sentencing decision should inform the Attorney General.
The Policing Act 2008 also says the Police Commissioner “must act independently of any Minister of the Crown” regarding the investigation and prosecution of offences.
Former National Party minister Maurice Williamson resigned in 2014 after the Herald revealed he urged police to be on “solid ground” regarding domestic assault charges against wealthy businessman Donghua Liu because he was “investing a lot of money in New Zealand”.
Act Party leader David Seymour cited Williamson’s resignation in his calling for Nash’s resignation.
“It’s totally unacceptable for politicians to interfere with police prosecution decisions,” Seymour said.
“This is the Minister of Police who is responsible for securing the budget for the police force, ringing up the commissioner saying, ‘Mate surely you’re going to appeal this particular case’, it’s just totally unacceptable and if he can’t understand that, surely out of Labour’s 64 MPs they can find someone who does and make them the Police Minister.”
Act party leader David Seymour. Photo / Dean Purcell
Seymour was concerned about influence in future prosecutions if Nash’s comments were not discouraged.
“If you go down the path of people getting prosecuted or not prosecuted depending on whether politicians like them, then all protection of New Zealand’s basic rights go out the window.”
Act’s crime policies often advocated for stricter punishments on offenders in comparison to Labour, most notably its plan to reinstate the controversial Three Strikes legislation and fitting recidivist youth offenders as young as 11 with electronically monitored ankle bracelets.
Asked whether the theme of Nash’s comments was encouraging, Seymour said he was “as tough on crime as the next guy” but that it didn’t extend to compromising police independence.
National Party police spokesman Mark Mitchell said Nash doubling-down on his views later today meant his position was “untenable”.
“[Nash] should have come out and apologised,” Mitchell said.
“He’s doubled down and he’s defended it and now that he’s in a position you can’t trust his judgement.”
Mitchell also disapproved of Nash’s view of Coster as a friend, saying the relationship between the Commissioner and Police Minister needed to be professional.
