The government inquiry cannot look into the suitability of Wally Haumaha as the deputy police commissioner, but will consider allegations of bullying against him.
Allegations of bullying by Wally Haumaha will now be considered in the government inquiry into his promotion as the deputy police commissioner.
Mary Scholtens QC has confirmed the allegations first reported by the Herald fall into the scope of her review of the appointment process, which is due to be completed at the end of September.
The inquiry will not look into Haumaha's suitability for the role, rather whether all the relevant information was provided to, or gathered by, the State Services Commission panel which recommended Haumaha as one of two potential candidates for the senior job.
Acting Prime Minister Winston Peters announced the inquiry in June after the Herald revealed controversial comments made by Haumaha about the rape allegations against his friends by Louise Nicholas.
But Chris Bishop, the National Party MP, wrote to State Services Commissioner Peter Hughes asking for a separate investigation into how the bullying allegations were handled after three women working on a joint project walked out of Police National Headquarters in June 2016.
The policy analysts, two from the Justice Ministry, one from Corrections, were based at PNHQ in Wellington working in the Maori, Pacific, Ethnic Services division run by Haumaha, a superintendent at the time.
Three different statements were issued by the Justice Ministry, Corrections and the police, so Bishop wrote to Hughes asking him to clear up the conflicting stories by the three government agencies.
Hughes then asked Scholtens if the bullying allegations formed part of her inquiry.
In a minute posted on the Internal Affairs website, the Queen's Counsel confirmed she would consider the allegations and said the inquiry would be "grateful" for co-operation given the short time and public resource involved.
In light of Scholtens' statementHughes said he would postpone any decision to conduct his own investigation until after her inquiry was complete.
"If, at any stage, there are questions or issues which remain outstanding in relation to how the government agencies have discharged their responsibilities here, I will certainly look into them," Hughes told Bishop.
The decision of the Queen's Counsel to include the bullying allegations in her inquiry means two more deputy police commissioners will be called to give evidence.
Audrey Sonerson was the acting chief executive of the Justice Ministry and raised "issues around behaviour" with Deputy Commissioner Mike Clement, according to a statement released by the Justice Ministry.
But according to police, Clement approached Justice and Corrections after concerns were raised by a third party but he had been given no further information.
One of the three women told the Herald the trio had raised the matter with their respective managers and the women had believed their managers would handle that.
She said she was never told about the approach by Clement, or asked for a formal complaint.
The woman is now speaking to police about laying a formal complaint.
Sonerson joined the police a few months later in October 2016, at a rank of deputy commissioner, although is currently on secondment at the Ministry of Foreign Affairs and Trade.
Haumaha was promoted to assistant commissioner in June 2017 by Commissioner Mike Bush, who was also on the SSC panel which recommended Haumaha in May as one of two candidates for the vacant deputy job.
Within a month of his appointment, the Herald reported comments made by Haumaha in 2004 to detectives investigating historical rape allegations against police officers.
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.
Haumaha described Schollum as a good friend, a dynamic leader and a "legend in his own right" and spoke highly of Rickards and Shipton, who was an "awesome cop".
"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 told Detective Sergeant John Price, now the Superintendent in charge of the Canterbury district.
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 has said 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.
"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."
This leads to the prospect of most of the senior leaders in the police - Bush, Haumaha, Clement and Sonerson - being interviewed under oath by Mary Scholtens.