21 Mar 2022

Where are the promised inquiries into the Parliament protest?

6:22 pm on 21 March 2022

In the aftermath of the three-week occupation of Parliament, where are the promised inquiries into what happened, and what could be done to prevent it happening again?

Protesters clash with police on day 23 of the occupation.

Protesters clash with police on day 23 of the occupation. Photo: RNZ / Angus Dreaver

Prime Minister Jacinda Ardern says the Independent Police Conduct Authority (IPCA) is considering an investigation and should confirm terms of reference this week.

However, the National Party says if the plan is only to hold an IPCA inquiry - that's "untenable and unrealistic".

The so-called "freedom convoy" - protesting against Covid-19 restrictions, vaccines and mandates - ended up camped on Parliament's lawn and nearby streets for weeks, causing major disruption to the capital. It was eventually broken up by more than 600 police officers using riot gear, pepper spray and fire hoses; towing cars and trucks that had been blocking nearby streets and forcing the protesters off the precinct.

There were at least 89 arrests, about 40 officers were injured, with eight admitted to hospital.

In the final days of the occupation, Ardern said there would be a review to determine if more could have been done to prevent it from happening.

She talked about two pieces of work, one of which would look at ensuring parliamentary security was sufficient; the government would also look at enforcement powers, police resources and any threats to critical infrastructure, she said.

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Prime Minister Jacinda Ardern at Parliament Grounds after protesters were removed Photo: RNZ / Samuel Rillstone

Last week, Police Minister Poto Williams said there had been no discussion at Cabinet of any broader review but noted about 1600 complaints to the IPCA "from the protest activity itself so they will be well versed on the actions of the participants in that protest".

Ardern says the government is waiting for final decisions by IPCA and the scope of its inquiry, which is separate to those complaints: "The government indicated an interest in looking into what happened - we've never given an indication of how that would be done".

"But it does seem they would be a body that we should give consideration as to whether or not they are covering the full ambit, because there would be no point whatsoever in replicating what would I imagine be probably quite an intensive investigation."

National Party justice spokersperson Paul Goldsmith says New Zealanders saw "an unprecedented occupation and trashing of Parliament's grounds and its surrounding streets, followed by a fiery and riotous conclusion".

Rubbish left at Parliament grounds on 3 March, 2022, following a three-week occupation by anti-mandate and other protesters.

Rubbish left on Parliament Grounds by protesters Photo: RNZ / Samuel Rillstone

The fundamental question is "how did it come to this?", he asks.

"An IPCA investigation is appropriate, but it won't cover all the aspects that need to be reviewed and it may be many months before we hear anything from it.

"What about the role of the Speaker? What about the actions from government ministers? What can the Police Commissioner tell us about what did and didn't happen?"

Goldsmith says "the existence of an IPCA investigation provides no justification for blocking every other form of inquiry...this is basic democratic accountability".

Asked if the IPCA's review would be broad enough, Ardern said the government will look at the terms of reference first, before making a judgment about whether there would still be any gaps.

"Because the IPCA is independent and I think it's important that we have an independent voice in this, particularly because of course some of the complaints will be coming from those who were part of it."

For something as serious as this, the government wants the institution that has direct legal authority to investigate the police response, says Ardern.

"No one has the basis to do that in quite the same pre-established way as the IPCA does. They have the knowledge, the experience, the operational understanding and the inquiry powers to do that.

The IPCA says it's "currently determining the scope of an independent review of the policing of the occupation on and around Parliament grounds ... this will include the complaints the Authority has received about this operation". It hopes to "finalise the scope" and announce it shortly.

Parliamentary review

Another consequence was extensive damage to Parliament's grounds, including to the children's playground, with the painstaking and expensive clean up still underway.

The convoy and how it turned into a weeks' long occupation raised a number of questions about whether parliamentary security, along with police, was prepared to deal with such an event, whether any lessons had been learnt and if public access to the precinct should be tightened.

In a statement, the chief executive of Parliamentary Service, Rafael Gonzalez-Montero, says the "immediate focus has so far been on the clean-up efforts and the restoration of the grounds".

"As you'll be aware, the grounds of New Zealand's Parliament are one of the few in the world that are so open and accessible to the public.

"They are used regularly as thoroughfare to the several schools in the area, and are a much-loved lunch spot for Wellingtonians. As such, any changes to the way that the public is able to access the grounds will need to be carefully considered and thoroughly consulted on.

"Though we have begun the reflective process around what happened and how we responded to it, at this stage are unable to comment on any official reviews, internal or external, of the grounds or their security."

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