Police: 'No criminality' in alleged sex tape

File Photo / NZ Herald

Police say there is no evidence to back up claims that a Mercury Bay Area School exchange student was subject to a sexual act that was filmed, but the school is still investigating and reviewing the way it handles such allegations.

Thames-Coromandel police took two days to decide that allegations revealed in last week's Herald on Sunday - that a sex act had been filmed on a mobile phone while the girl was drunk, and then distributed around the school before being destroyed by teachers - had no "criminality".

However, police would not confirm whether the European student, now back in her home country, had been interviewed and education officials said the investigation was hindered because she did not want to lay a formal complaint.

School Trustees Association employment relations adviser Peter Murphy said the alleged incident happened outside school hours and off school grounds. If the event had happened at school it would have been handled differently.

The school's limited statutory manager Lois Craill, called in to help the troubled school, was preparing an independent inquiry into what happened to the girl and how it was handled.

She said the school's policies, procedures and processes in effect at the time of the alleged incident were under review.

A new complaints policy had recently been adopted and this would be available soon on the school's website.

Craill said she had confidence in the board and its ability to competently address any issues that could arise.

Meanwhile, Craill is investigating several serious unresolved incidents at the school.

They included a 6-year-old being stabbed with a pencil, which required surgery and had left a permanent mark.

The school's former board chairman, David Harvey, confirmed he had raised major concerns, including that the school did not engage with police over some serious incidents and some in the community had "lost confidence".