Monday, 17 November 2025

"There may be damage – serious damage – to public trust and confidence in the Police when the rot and corruption are present at such a high level."

"The Rule of Law is one of the foundational principles of constitutional democracy. ... Its essence is that law—not individuals—governs the polity, and that all exercises of public power must be rooted in, constrained by, and accountable to the law. ... Public officials—from Ministers to constables—must act within and according to the legal powers Parliament or the Constitution grants.

"All individuals—from Prime Ministers to ordinary citizens—are equally subject to the law. ...

"The Rule of Law constrains Government power and ensures that majorities cannot act outside legal limits.

"It protects individual rights and freedoms. ...

"But the Rule of Law goes beyond the institutional realm. It operates through a culture of legality. It requires respect for legal norms by citizens and officials, habitual compliance by state actors, a commitment to constitutionalism, openness to scrutiny, and entrenched expectations of fair process. ... At the front line of the Rule of Law in our society are the Police and the Courts. Both rely on public trust and confidence for their continued legitimacy. ...

"Society expects the highest standards of its police officers from the constable on the beat to the Commissioner’s office in Wellington. And when those standards are not present there must be an almost automatic erosion of public confidence in the Police.

"Indeed the Police force has had its problems recently. A failure by Police to alert the Beehive when a press secretary’s phone was found at a brothel; more than 100 police recruits who had been allowed to start training despite failing fitness and language tests; that over the last 5 years a total of 159 serving police officers have been charged with crimes including serious family violence and sexual offending – none have been dismissed. In October 2025 it was revealed that more than 100 officers are under investigation for falsifying breath tests.

"And it is clear, from the McSkimming scandal, that the rot was at the highest level. ...

"[Quite] apart from the various other elements of cover-up and evasiveness on the part of the Police top brass there was their use of the Courts to prosecute a complainant and use Court processes to further the cover-up.

"There may be damage – serious damage – to public trust and confidence in the Police when the rot and corruption are present at such a high level. But in addition the activities of these officers challenges some fundamentals that underpin their independence and the Rule of Law.

"Like it or not another institution central to the Rule of Law that depends on public trust and confidence – the Courts – has become involved. ...

"Ultimately, public confidence depends on citizens seeing the courts and the Police as fair, impartial, and accessible - institutions that reflect their values while standing above politics and corruption.

"Without that faith the Police are no more than a paper tiger, distrusted and to be avoided in times of trouble.

"Without that faith, the judiciary’s moral authority—the only sword it wields—grows dangerously blunt.

"And in either case, the Rule of Law suffers."
~ Cranmer from his post 'Public Confidence and the Rule of Law'

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