An investigation has found that a police officer breached Auckland’s southern border, while under Covid-19 alert level four, without an exemption to attend a tangi.

Counties Manukau Māori responsiveness manager Inspector Regan Tamihere crossed the border at South Auckland without an exemption on September 5, 2021 while Auckland was still under stringent Covid-19 alert level restrictions and formal exemptions were needed to leave the area.

Tamihere considered it a part of his policing role to uphold what he saw as Crown obligations to the Māori community under te Tiriti o Waitangi, in conjunction with the police cultural value of bringing humanity to every interaction.

A source told the Herald at the time the officer was challenged by police staff manning the southern border - but they reportedly allowed him through after he insisted they couldn’t say no to him.

He told them that he could cross the border because he was an essential worker.

However, it is understood the trip was not considered official police business and police have confirmed no exemption was given for travel.

One source said the Auckland inspector - a highly senior rank - took family members to a funeral.

 

Inspector Regan Tamihere.

It was also revealed that the man - who was driving a private car but in full police uniform - was driving iwi contacts he dealt with through his job.

The Independent Police conduct Authority (IPCA) acknowledged the tension experienced by the inspector between his duty as a police officer and his service to the Māori community.

However, Judge Kenneth Johnston said the inspector “has overstepped his role and gone beyond his authority”.

“His actions did not uphold the Health Order and they were also not within the boundaries of the law and police discretion. Effectively, he disregarded the law,” said Johnston.

The IPCA considered five separate allegations against the inspector for breaching the Covid-19 Health Order and found that, in addition to the initial breach in September 2021, the inspector attempted to facilitate the movement of one other group across the lockdown border four days later.

Deputy Commissioner Chris de Wattignar says the officer involved was working for no personal gain to himself and out of empathy for a grieving whānau.

“However, his actions were a breach of the Health Order,” de Wattignar said.

“We acknowledge the officer did not make the right decision on this occasion, but this should be viewed in light of the hundreds of police officers who worked hard to ensure compliance with the Health Order in place at the time.”

Deputy Commissioner Chris de Wattignar says it was a demanding and challenging period for police staff, who were called upon to make tough decisions every day. Photo / Dean Purcell

The IPCA also considered whether the district commander appropriately managed the allegations about the inspector and whether the actions of the inspector impinged on public trust and confidence in the New Zealand Police.

It found that “the district commander should have ensured police fully investigated the inspector’s actions when first informed of them and advised the inspector of the extent of his role and discretion in such circumstances”.

“Although the inspector attempted to uphold police values, he did not ensure his actions were lawful and this resulted in him breaching the Police Code of Conduct and impinging on public trust and confidence in the New Zealand Police,” the IPCA said.

The Health Order applied to all New Zealanders and any exemptions for movement through the checkpoints needed to be solely granted by the Ministry of Health.

“It was not for police to use its discretion in this situation.

“Police self-referred these matters to the Independent Police Conduct Authority and began an employment investigation,” said Wattignar.

A criminal investigation was carried out by the police, and while it was found that the officer acted in contravention of the act, it was deemed not in the public interest to prosecute.

An employment investigation was also initiated, but not concluded as the officer resigned during the process.