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Home / New Zealand

Cop ordered to pay police commissioner $115k

NZME.
5 Nov, 2014 04:59 AM3 mins to read

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File photo / NZ Herald

File photo / NZ Herald

A Christchurch police officer has been ordered to pay the police commissioner $115,000 after instigating a legal campaign spanning almost four years.

Stephen Davis took two sets of proceedings to the Employment Court. One was a challenge to a determination of the Employment Relations Authority (ERA) and the other was a personal grievance proceeding removed to the Employment Court.

Both were unsuccessful.

In a judgement delivered today, Judge Mark Perkins said Mr Davis' original ERA challenge was filed in 2010 and proceedings continued until July this year.

The Police Commissioner sought a contribution of $115,000 towards his legal fees - representing two-thirds of the actual fees charged.

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Judge Perkins said Mr Davis was clearly now in a difficult situation so far as his own financial means are concerned.

He used all of his savings and assets to pay legal fees incurred in the proceedings and continues to have substantial liabilities in that regard.

Nevertheless, he has throughout remained in employment with the New Zealand Police and would continue to do so, Judge Perkins said.

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"He will be receiving a good income. While he has commitments to his family, he will still have the ability to meet his obligations now arising in respect of costs.

"Accordingly, Mr Davis is ordered to make a contribution towards the commissioner's costs amounting to $115,000."

The proceedings stemmed from allegations from Mr Davis that he was unjustifiably disadvantaged in his employment.

According to Judge Perkins' judgement delivered in August, Mr Davis first became embroiled in a dispute over overtime while based at the three-man Mangonui police station and didn't agree with the way the dispute was resolved.

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Shortly after, he sent an email to his senior constable at the station accusing him of violence against prisoners held in the cells - even though he himself did not witness the alleged incidents.

The relationship between the two deteriorated and Mr Davis was seconded to Kaeo police station where further problems arose.

A decision was then made to move Mr Davis away from Northland after he made serious allegations against senior officers in the region and also wrote to the then police minister.

He was transferred to Christchurch and appointed to the Traffic Alcohol Group, but his supervising sergeant began to noticing minor performance issues within a short time of his arrival and Mr Davis undertook a performance improvement plan.

He then began complaining to his senior sergeant that his supervisor discriminated against him and gave favourable treatment to other officers.

Judge Perkins dismissed his claims and said it was clear that when faced with difficult employment relationship problems, "largely of Mr Davis's own making," police went to considerable lengths to try and resolve the issues and to keep Mr Davis in employment.

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"It is significant that despite all that has happened, Mr Davis has remained a sworn police officer in Christchurch."

A police national headquarters spokesman said they had noted the court's decision.

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