Emails released by the Prime Minister’s Office show there was concern about why disgraced arts patron James Wallace was able to keep his knighthood long after being convicted, while a letter also suggested there was opposition to stripping him of the honour.
Communications released to the Herald by the Department of the Prime Minister and Cabinet (DPMC) under the Official Information Act (OIA) show emails questioning why Wallace continued to hold the title of “sir” despite being a convicted and sentenced criminal.
On September 9, 2021 an email to the Honours Unit read: “James Wallace is a convicted sex offender, why is he still afforded his knighthood? I would have expected this to have been stripped as he has preyed upon young artists sexually.”
Wallace was found guilty in March 2021 of indecently assaulting three men victims in the early 2000s, 2008 and 2016 and twice attempting to pervert the course of justice. He was then sentenced to two years and four months in prison in May 2021.
The Honours Unit replied to the email and said it had no comment to make on the man, who was knighted for services to the arts in 2011. During this time, Wallace continued to enjoy name suppression and was on bail pending his appeals.
A subsequent email to the Honours Unit on September 15, 2021 said: “From my perspective as a New Zealand citizen, this is important to me because I want to see justice for those affected by sexual violence. Part of this involves what recourse will come from the government departments that enhanced the profile in which these predators leveraged to further their offending.”
The emails’ author was redacted when released to the Herald.
It wasn’t until June 28, 2023 that then-Acting Prime Minister Carmel Sepuloni initiated the forfeiture procedure for Wallace. It was the same day the Supreme Court ruled his name suppression was to lapse after years of opposition by the Herald and Stuff.
Two days later, the Executive Council Chambers provided advice to the Prime Minister on the potential forfeiture of Wallace’s knighthood.
The advice outlined Wallace’s philanthropy and provided a summary of his court case and appeals, while noting the sentencing judge said Wallace had an “inability” to accept his offending and a “sense of self-entitlement ... it displays a lack of empathy for your victims”.
The guidelines for a forfeiture of an honour show it can be cancelled by the Sovereign, on the advice of the Prime Minister, who can consider cancelling an appointment where an individual’s actions - if they were to continue to hold the honour - would bring the honours system into disrepute.
The advice to the Prime Minister also identified several other disgraced New Zealanders who have had their honours cancelled, including businessman Ron Brierley, former Central Hawke’s Bay District mayor Hugh Hamilton, former Christchurch deputy mayor Morgan Fahey and former Cook Islands premier Albert Henry.
Then-Prime Minister Chris Hipkins agreed the threshold for Wallace’s honour to be stripped was met and directed the clerk of the Executive Council to seek Wallace’s views on the forfeiture.
On July 3, 2023, the DPMC wrote to Wallace’s lawyer, David Jones KC, to “delivery some important personal correspondence for him”.
Jones replied on July 5 that he would apprise Wallace of it and added with regard to the delivery address, “the Rannoch address is correct but he is not there for obvious reasons.”
By that time, Wallace was no longer at his Auckland mansion Rannoch and was serving his prison sentence after a failed Court of Appeal bid.
On July 19, 2023 a letter seemingly opposing the forfeiture of Wallace’s knighthood was also forwarded from Government House to DPMC.
“Attached is a letter from the above regarding opposition to the removal of the knighthood for James Wallace and our reply,” an accompanying email read.
However, the letter and its author were redacted in the material released to the Herald under the OIA. The Herald on Sunday earlier revealed Wallace had received 89 letters of support for his sentencing from some of New Zealand’s biggest names in film, art and classical music.
A formal response from Wallace’s lawyer was sent to the Acting Clerk of Executive Council on August 4, 2023, but its contents have been withheld from public release on grounds to protect information subject to obligation of confidence where release would likely damage the public interest.
The following day, however, Hipkins agreed with advice to recommend to King Charles that he direct the cancellation and annulment of Wallace as a Knight Companion of the New Zealand Order of Merit.
On August 18, DPMC said in an internal email to key staff it had received a formal notification from Buckingham Palace to strip Wallace of his knighthood.
Communications with King Charles, his representatives and the Governor-General have also been withheld from being released to the Herald under the OIA on the grounds of protecting the confidentiality of Sovereign communications.
On the same day, the DPMC sent an email to Jones asking: “Could you please pass this on to Mr Wallace as soon as possible (today) because this matter will be notified in the New Zealand Gazette on Monday, August 21, 2023, that the King has approved the cancellation of Wallace’s knighthood.”
On August 21, Hipkins told media at his post-Cabinet press conference: “I’ve had formal notification from King Charles that he has approved the cancellation of James Wallace’s knighthood. I’ve written to James Wallace to advise him accordingly.”
“James Wallace was found guilty and imprisoned for serious crimes, and it is totally inappropriate for him to hold any honour.”
After he was unmasked, many of New Zealand’s leading institutions distanced themselves from Wallace, who had an estimated net worth of about $170 million.
Throughout his life, Wallace funded some of New Zealand’s most celebrated arts and film ventures. Wallace has been a founding patron or has financed several of New Zealand’s most prominent arts organisations and his trust was known to spend about $2m per year on the industry.
He began collecting art in the 1960s and loaned many works for public viewing.
The Wallace Arts Centre at the Pah Homestead, owned by Auckland Council, was used as a public art gallery housing the Wallace Arts Trust collection.
Last month, the Herald published an exclusive interview with Anita Totha, the director of The Arts House Trust, the new owners of the art collection Wallace started. The collection has about 10,000 artworks by 2500 artists, worth an estimated $50m.
Wallace was released from prison in December. He is understood to be living back in his Auckland mansion, which his old trust was permitted to keep, and where his parole conditions do not allow unapproved guests.
Sam Hurley is a news director and senior reporter. He joined the Herald in 2017 and has previously worked for 1News and Hawke’s Bay Today. He has been investigating Sir James Wallace since 2018.
It follows concerns about use-of-force powers being given to staff.