Media fight injunction on details about Jevon McSkimming investigation
Jevon McSkimming.
Photo:
Getty Images
The High Court is set to hear arguments about whether the media should be allowed to report the nature of the allegedly objectionable material
found on former deputy police commissioner
Jevon McSkimming's work computer.
McSkimming
resigned as the country's second most powerful cop last month
amid a four-month investigation by the Independent Police Conduct Authority and police.
His resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended.
RNZ earlier revealed pornography found on McSkimming's work computer is being investigated as
alleged objectionable material
. He declined to comment on the allegations through his lawyer.
His lawyer Linda Clark was earlier
granted a rare "superinjunction"
by Justice Grau that prohibited reporting that disclosed the nature of the allegedly objectionable material, as well as the existence of the injunction itself.
A teleconference was then held by Justice Gwyn from the High Court at Wellington to discuss the injunction with Clark, the police, and legal counsel for RNZ, Stuff and NZME.
Following that conference, the order prohibiting publication of the nature of the allegedly objectionable material was continued - but the order prohibiting the existence of the injunction was not continued, meaning RNZ could report the fact of McSkimming's application and the interim result.
On Tuesday, a hearing will be held in the High Court at Wellington in relation to the injunction. RNZ, NZME and Stuff will be jointly represented by Robert Stewart KC.
The IPCA earlier announced it was investigating allegations of misconduct by McSkimming
following a complaint from a member of the public
.
It is also conducting an investigation into if there was misconduct or neglect of duty by any other police officers or employee in responding to the allegations.
Police Commissioner Richard Chambers said in an earlier statement that he appreciated that the resignation of McSkimming raised questions, but said the criminal investigation couldn't be "compromised by commenting on the circumstances of it at this point".
"However, I can say that I have always made it very clear that trust and confidence in police is a top priority for me as commissioner," Chambers said.
"I take very seriously anything that puts trust and confidence and the reputation of police at risk and will act to address it."
McSkimming's resignation came after Police Minister Mark Mitchell said he was recently informed of allegations of a "very serious nature", separate to the investigation that led to him being suspended.
Mitchell said McSkimming resigned before he could be dismissed.
He did not say what the allegations were. Mitchell said the Policing Act was "very clear".
"A deputy commissioner of police must be a 'fit and proper' person. They are rightly held to the highest standards of conduct and this new information called into serious question Mr McSkimming's fitness for office.
"When Mr McSkimming was invited to respond to these allegations he chose to resign. Mr McSkimming's resignation has confirmed my view that his continuation in the role was untenable."
Sign up for Ngā Pitopito Kōrero
,
a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
5 hours ago
- RNZ News
Warning to illegal rubbish dumpers: new rules could lead to crack-down
Clearing up the worst dumping spots costs Heretaunga-Hastings ratepayers more than $100,000 a year, councillor Wendy Schollum says, and she wants councils to have better enforcement options (file photo). Photo: Supplied/ Hastings District Council Fly-tippers illegally dumping rubbish could be in for a shock if new laws are passed making it easier for councils to prosecute them, and to crack down on them using clues such as old car registration plates or names on letters or mail. The government has proposed revisions to the Waste Minimisation Act 2008 (WMA) and the Litter Act 1979 (the Litter Act), including giving authorities more flexibility to help them crack down on illegal dumping. Hastings District Councillor Wendy Schollum told Checkpoint that illegal rubbish dumping was an ongoing issue in the community, but the council was currently limited in its ability to do much about the fly-tippers. Annually, picking up litter in Heretaunga-Hastings cost well over $100,000, council staff had told her - "and that was only in hot-spot areas, so that wasn't even across the whole district," she said. Wendy Schollum Photo: Supplied via LDR "We estimated that if we were to try and clear every space of litter, it would cost in excess of over $1 million." The types of rubbish being dumped in the area varied from everday litter, to households worth of rubbish, including whiteware and mattresses. "It's actually quite outrageous some of the stuff that gets left," Schollum said. Hastings District Council was not alone in the problem, but critics say it is difficult to hold offenders to account under laws written in the 70s, with offenders basically needing to be caught in the act. "When I first was elected onto council back in 2017, right from then until now, littering and dumping has been the number one issue with ratepayers in our area," Schollum said. But at the moment, even with overwhelming evidence, the council often could not do much in response, she said: "Unless someone was literally standing there watching the person do it at the time, under the current law, there is so little we can do." A consultation document on the law changes also noted the problem: The current Waste Minimisation Act "provides limited CME [compliance, monitoring and enforcement] powers. Prosecution is the main means to address non-compliance, with maximum fines of $100,00 for all main offences at a central government level, [and] $20,000 for a breach of bylaws." But in effect that meant: "For ... offences [other than non-payment of the levy] prosecution through the courts is the only enforcement option, which is limiting because prosecution can be a disproportionate regulatory response to non-compliance, [and] if non-compliance falls below the prosecution threshold, no consequences can arise from breach of the WMA." Schollum said the current loophole leaves ratepayers footing the bill for fly-tippers. "In an area like Heretaunga, where they've been hit by Cyclone Gabrielle and we're reeling from recovery costs, our ratepayers don't need to be paying for what is frankly laziness." She believes the problem was caused by bad attitudes, rather than issues affording dump fees. "Often people contact me and say, 'well, if you reduce the dump fees, people wouldn't litter'. The reality is that if that were the case, we would see in areas where it's cheaper or free to dispose of rubbish that there would be no illegal dumping at all and that's just not the case. "The evidence overwhelmingly points to the fact it's about attitudes." Under the proposed changes, evidence like addressed mail left in dumped rubbish could be used to identify dumpers and fine them. (file photo) Photo: Supplied/Gisborne District Council The consultation document also suggests a new tiered compliance system, with different penalties for different levels of offence. This could range from small infringements where a warning might be suitable, for example for "illegal plastic bag use" or minor littering, through to mid-range offences where the most severe consequences were not suitable, up to the most severe consequences, for behaviour like "high-harm illegal dumping". Schollum said tiered enforcement options would be helpful to the council: "If someone threw their takeaway container out their car window, they're not going to be met with the same sort of penalty as someone who dumps a whole house ... worth of rubbish [in] the community area. "This is about councils finally being able to pursue repeat offenders and stop communities having to pay for the cost of laziness, but only with reasonable evidence." The revisions could also distinguish between individuals and larger entities committing offences, and define offences and maximum fees, penalties and prosecution. Schollum said despite enthusiasm from the community to help in clearing the litter, other frustrating barriers have stood in the way. "Some of the worst hit areas are actually NZTA managed lands, and at the moment, because of health and safety rules with NZTA we can't even arrange community clean ups on their land." Even though these set backs have limited community clean ups, Schollum said it should not be the community's job in the first place. "We shouldn't be having to look at the ambulance at the bottom of the cliff solution, which is the community spending their money and time trying to clean up other people's mess. We need to stop the dumping and the littering in the first place." Other changes in the proposal include adjusting how local councils are allocated funds to dispose of waste, widening what councils can use the funds for and clarifying who is responsible for what. Consultation for the potential law changes closed on 1 June, the Ministry for the Environment website said. Next, the submissions will be considered, and from there Cabinet could decide to create an amendment bill, which could be introduced to Parliament to pursue changing the existing law. Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
8 hours ago
- RNZ News
Hong Kong appoints New Zealand judge to top court
Sir William Young. Photo: NZ Government A New Zealand judge has been appointed as a justice of Hong Kong's top court, after a years-long exodus of overseas jurists following Beijing's imposition of a sweeping security law on the finance hub. Hong Kong's lawmakers on Wednesday approved the appointment of Sir William Young, 73, to join five other overseas non-permanent justices from the UK and Australia. Hong Kong is a common law jurisdiction separate from mainland China and invites overseas judges to hear cases at its Court of Final Appeal. Their presence has been seen as a bellwether for the rule of law since the former British colony was handed back to China in 1997. Beijing passed a national security law on Hong Kong in 2020, following huge and often violent pro-democracy protests in the Chinese city the year before. Since then, several overseas judges have quit the Court of Final Appeal without finishing their terms, while others have not renewed their appointments. The lineup of overseas judges has gone from 15 at its peak down to five, not including Young. The newly appointed justice, who retired from his role as a New Zealand Supreme Court judge in April 2022, is expected to start in Hong Kong this month. Hong Kong leader John Lee accepted a recommendation to appoint Young in May and praised him as "a judge of eminent standing and reputation". Cases at the top court in Hong Kong are typically heard by a panel of four local judges and a fifth ad hoc member, who may be a foreign judge. In January, Hong Kong's chief justice said recruiting suitable overseas judges "may be less straightforward than it once was", given geopolitical headwinds. The government has defended the security law as necessary to restore order after the 2019 protests and said the city remains a well-respected legal hub. -AFP
RNZ News
8 hours ago
- RNZ News
How All Whites 'act and behave' on field to be tested
Players of both teams (Michael Boxall and Bill Tuiloma) argue during the New Zealand All Whites v Qatar friendly football match in Austria, 2023. Photo: PHOTOSPORT Nearly two years ago to the day, All White Michael Boxall was central to a moment that captured the attention of football players around the world and the sports global governing body. On 20 June, 2023, the All Whites refused to take the field for the second half of a friendly game against Qatar after Boxall was allegedly racially abused by an opposition player late in the first half. The referee took no action on the field and New Zealand Football believed the All Whites had done the right thing by abandoning the game at half-time. It was a situation the All Whites had not faced before. Boxall said he moved on "pretty quickly" from the incident and does not look back at it. A "non-issue", he said. Just another thing that happened during an international career that began 14 years ago and involves tales of disruptive tactics by opposition fans and 50 hour travel days, amongst the winning moments such as his goal for the All Whites in March. Boxall could add more memories at his first Football World Cup next year. The centre-back, who captains his club side Minnesota United in Major League Soccer and has worn the armband for the All Whites, said despite his experience, he was not the loudest voice in the lockeroom. "I've never really been one of the more vocal people but if something needs to be said I won't shy away," he said. Boxall has played 55 times for the All Whites and tentatively said that some of his younger New Zealand team mates look to him as a leader. New Zealand captain Michael Boxall leads the All Whites team out against Mexico in 2024. Photo: © Photosport Ltd 2024 "Because this is such a good group and we have so many players who also lead at their own clubs, that it's not often that things need to be said. When things are going right it's any easy group to be a part of because everyone 99 times out of 100 does the right thing. "In the upcoming few months, we're going to come up against some top opposition and be in some tough circumstances where we will look to players like Chris Wood and, perhaps players will look to myself as well. We will have to do a bit more than just lead by example and kind of steer the ship a little bit, but we'll cross those bridges when we reach them." The All Whites are competing in the Canadian Shield against the higher ranked Côte d'Ivoire (world number 41) in Toronto on Sunday followed by world number 25 Ukraine on Wednesday. It is part of NZF's push to get the All Whites playing against nations from each confederation in the build up to the world cup. "Over the last few years, we've kind of carved out an identity and how we want to play and how we want to act and behave on the field and I think against the the island teams when we're qualifying for the world cup it's easy to show those attributes. "But then when you're really in the fire against top 40, top 20 teams, which we'll be facing the next week, it's when we'll really be tested so if we can carry on those attributes in to these games against world class opposition then that'll be the true test of where we stand and what we need to work on heading into the 2026 world cup." Part of what Boxall said he liked about international football was witnessing how the game was treated by fans in countries where the round ball was most popular. Michael Boxall takes a header for the All Whites. Photo: PhotoSport "I think back to when we were in Peru, the fun and games that they would play, they wouldn't allow our plane to land in Peru so we had to stopover in Chile for three hours landed at 1am, there's no cars on the highway and they give us a police escort going 20km an hour just to screw up our whole travel day. "The night before the game they've got people letting off fireworks outside our hotel every hour starting at 2am. "It upsets your preparation but it's just an eye-opening experience to how other nations treat this game and how big it is around the world." Boxall could expect a warmer welcome in the USA, Canada or Mexico next year, when the three countries share the hosting of the world cup. He has been a mainstay in the MLS with Minnesota having an option to extend his contract next season and is confident his performances will keep him in All Whites coach Darren Bazeley's thoughts for the global event. "Ticking on eight or nine years at the club, playing almost pretty much week in week out I'd say as long as I can keep myself at the my current level and stay healthy, then I don't see a whole lot changing in the near future." Given his base in the American midwest, getting into the current All Whites camp for the Canadian Shield games in Toronto was one of the shorter travel days he has encountered. "Just a two hour flight for me and a one hour time difference was a stark contrast to the March window, where I had a few missed flights and connections gone awry, so it ended up being like a 50 hour travel day. So this was much better received." The trip to Norway in October will be a bit longer but again it is all part of build up over the next few international windows that will include different nations. "[It's] really just to open our eyes to the way those teams play, and then once the draw happens, then we can narrow down and really refine our preparation for who will be facing at the World Cup." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
