Keeping It In The Family: Police Perpetrated Domestic Violence And Whether New Zealand Can Break The ‘Code Of Silence’

Abstract

This thesis examines domestic violence perpetrated by police officers, otherwise known as officer-involved domestic violence (OIDV). The author is a law graduate, practising medical practitioner and OIDV survivor. This thesis sets out to test the hypothesis that within New Zealand Police (NZP) exists a ‘code of silence’ (“the Code”), shared with and understood by police departments worldwide, acting as a severe obstacle in controlling police misconduct and achieving police accountability. The Code places victims in a unique position, facing not only obstacles to reporting since their partner is a police officer, but inappropriate and biased complaint investigation. The thesis tests whether current offender and victim management is adequate to address the insidious combination of domestic violence and the occupational context in which it exists within NZP. The author begins by examining what makes an abusive officer and causes them to excel at OIDV. The scale of the problem within New Zealand is explored, together with the initiation yet swift abandonment by NZP of the ‘Lighthouse Project’ in 2019, designed to address a steady increase in reported family harm incidents involving Police. Several New Zealand cases are then analysed before current family violence models, and those specific to OIDV are critically discussed. Measures to combat OIDV are explored, including legislation enacted by Washington State requiring police to adopt OIDV-specific policies, reported data and surveys examining the issue's extent. Legal duties pertinent to OIDV are explored before common themes, as repeated patterns in police families worldwide are described. Critical appraisal concerning whether current policies and procedures are adequate to address OIDV is undertaken and suggestions made where improvements are required to break the Code. Specifically, the New Zealand Commission of Inquiry into Police Conduct, independent review into bullying and harassment in Police, and recent Independent Police Conduct Association (IPCA) review are examined as to whether they support the Code is alive and well and may indicate measures for adoption combating OIDV. The author questions the arguably softer approach in OIDV regarding penalties, name and occupation suppression and superannuation entitlements. Where relevant, responses are sought from NZP, the IPCA, and the New Zealand Police Association (NZPA).