McSkimming resigned as the country's second most powerful cop last week, amid a four-month investigation by the IPCA and police. Photo: RNZ / REECE BAKER
Former Deputy Commissioner Jevon McSkimming has been granted an emergency injunction blocking media from reporting the nature of allegedly objectionable material found on his work computer.
On Friday evening, his lawyer Linda Clark was 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, until 2.15pm today.
RNZ revealed last week pornography found on McSkimming's work computer is being investigated as alleged objectionable material. He declined to comment on the allegations through his lawyer.
On Monday, Justice Gwyn held a teleconference 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 can now report the fact of McSkimming's application and the interim result.
McSkimming resigned as the country's second most powerful cop last Monday amid a four-month investigation by the IPCA and police.
On Thursday, the IPCA 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 a statement last week 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.
"I have high expectations of all police staff and will address it if those standards are not met, irrespective of rank or role."
On Friday, Chambers announced he had initiated a review to ensure police have sufficiently strong controls to prevent or detect the misuse of police technology and equipment for non-work-related purposes.
The review was ordered on 12 May, and would be done independently.
"I want to ensure robust mechanisms are in place to safeguard police systems from inappropriate use and to detect instances of inappropriate use," Chambers said.
"I expect to receive a report outlining opportunities to enhance the security of police systems and defend against attempts to access inappropriate content."
Generally, police devices are blocked from accessing categories of websites and services that are illegal or banned, or those that could adversely affect police ICT systems.
Other websites which are categorised as potentially hosting unwanted or offensive material require the user to agree the interaction is necessary and in line with the police code of conduct.
There are some exemptions for police staff whose work requires access to content that is blocked on most police devices, such as for investigative purposes.
All web interactions from the police network are logged and pass through a web filter.
In announcing McSkimming's resignation last week, Police Minister Mark 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."
Police advised Mitchell that their investigations into McSkimming would continue, notwithstanding his resignation.
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