Former Police Commissioner Andrew Coster told staff that if they were unable to reach a "timely conclusion" on allegations regarding Deputy Commissioner Jevon McSkimming then "the outcome will have been decided by default, regardless of the ultimate conclusion".

In November, the Independent Police Conduct Authority (IPCA) released a scathing report into how police handled allegations of sexual offending by McSkimming relating to a woman he had an affair with.

After the report was released, RNZ requested information relating to correspondence regarding the IPCA report into Police's handling of complaints regarding McSkimming under the Official Information Act.

On Thursday, RNZ received more than 200 pages of documents in relation to the request.

The documents include an email from Coster to five staff including then deputy commissioner Tania Kura and deputy commissioner of people, leadership and culture Chris de Wattignar, as well as the director of integrity and conduct Detective Superintendent Kylie Schaare.

The email was sent on 5 November, 2024 and followed discussions from the prior week about McSkimming and Ms Z. The IPCA said that at the meeting Coster tried to direct that any investigation into McSkimming be conducted as quickly as possible so it would not impact on the Commissioner selection process.

"Given the complexity of these matters, the inherent risks surrounding them and the need for careful management, I wish to clarify roles and responsibilities, and make my expectations clear," Coster said in his email.

He said there were "three overlapping matters underway".

This included the prosecution of Ms Z, the investigation into McSkimming, and the Commissioner appointment process.

"Firstly, I wish to make it clear that I have no desire to be substantively involved in any of these processes; my primary concern is to ensure, to the extent possible, procedural fairness."

He said the interests at play were: McSkimming as a potential victim of criminal harassment, Ms Z as a potential victim of conduct during her relationship with McSkimming and McSkimming as an applicant in the appointment process.

"Whilst it would be ideal to determine each of these independently and in slow time, the appointment process is necessarily time bound. In terms of that process, if we are unable to reach a timely conclusion about [Ms Z's] allegations, the outcome will have been decided by default, regardless of the ultimate conclusion.

"To that end, I expect we will do everything reasonably possible to progress the investigation of [Ms Z's] allegations in a timely manner. Clearly, we need to allow appropriate time for [Ms Z] to make her complaint. However, that cannot be on an open-ended timeframe in the circumstances, and particularly given the history of this situation. If further resource needs to be applied, the door is open to request that assistance from other parts of the organisation."

In relation to coordination between matters, Coster said "clearly we will need to take some care about how this is done, but there is a need for these overlapping matters to inform each other to some extent".

This included the background to the criminal harassment prosecution.

Coster proposed that Assistant Commissioner of Investigations Paul Basham sit as "overall arbiter" on Police's behalf.

He expected Basham would receive a recommendation from the Detective Inspector overseeing allegations by Ms Z and "consider, in light of this, both how those allegations and the criminal harassment matter should be resolved from a Police perspective".

"If there is any other perspective on AC Basham as decision-maker, please provide it ASAP before we finalise that position (I'm aware he has had previous supervisory involvement in the criminal harassment matter but I can't really see how we can determine either matter fully independently of the other)."

Coster ended the email by saying that given the relevance to the Commissioner process he expected to receive updates "over the next few days on progress".

"Beyond that, Commissioner Kura will need the same. I have maintained some contact with the Public Service Commission on this, which will be wanting to understand where things are at to inform its process."

The following day, Coster emailed IPCA Chair Judge Kenneth Johnston KC and told him he had appointed Basham to take responsibility for all matters relating to McSkimming.

IPCA's damning findings

The IPCA said that when McSkimming disclosed his affair to Coster in 2020, the former Police Commissioner should "at a minimum have asked more questions".

"This is particularly the case given Deputy Commissioner McSkimming had told him that the female was aggrieved and was sending harassing and threatening emails to him and his community."

Then in 2023, while a member of the interview panel for the statutory Deputy Commissioner appointment process, Coster "failed to disclose" to the Public Service Commission his knowledge of McSkimming's relationship which had subsequently led to the emails.

"This failure clearly fell below what a reasonable person would have expected of a person in his position. Notwithstanding his recollection that the matter was already known to the panel, the panel members we spoke to were firm in their recollection that Commissioner Coster did not raise it, and that at that time they did not otherwise know about it. We have seen documentary evidence from the PSC that supports that

view."

In January 2024, due to the number and nature of emails and concern for McSkimming's welfare, Coster directed Deputy Commissioner Tania Kura to seek the input of the Fixated Threat Assessment Centre (FTAC), as well as consider mental health support for the woman.

An investigation into Ms Z, began February 2024 and she was charged under the Harmful Digital Communications Act in May 2024.

The charge against the woman was withdrawn in the Wellington District Court in September last year because McSkimming did not wish to give evidence.

The IPCA accepted that Coster entrusted Kura to commission the FTAC's involvement, and to adequately respond to any recommendations they made.

"However, he was the Deputy Commissioner's direct supervisor in terms of overall operations. Ultimately, he bore the responsibility for managing organisational risks.

"Given the very significant risk this matter posed to the organisation, even if the allegations were false, he should have given it higher priority and assured himself that the FTAC report was being handled appropriately. We cannot escape the conclusion that his preconception of Deputy Commissioner McSkimming as the only potential victim clouded his decision-making."

Coster's disclosure to the Public Service Commission on 8 October 2024, during the interim Commissioner appointment process also "fell well short of what a reasonable person would expect, given what he knew at the time".

"At about the same time, he also inappropriately tried to influence the National Integrity Unit's investigation into Ms Z's complaint and to persuade the IPCA that the matter could be resolved quickly.

"While Commissioner Coster focused on the need to afford natural justice to Deputy Commissioner McSkimming, he did not sufficiently consider the injustice that would arise if there was indeed truth to Ms Z's allegations."

The IPCA said the influence was "most stark" in his letter to the IPCA on 22 October 2024 and in his meetings with staff on 30 October and 4 November 2024, during which he "sought to bring a serious criminal investigation to an unduly rapid conclusion so that it did not impact on a job application process".

Following the IPCA's report former Commissioner Andrew Coster resigned from his role as chief executive of the Social Investment Agency.

He then released a statement and said his resignation was "a result of my acceptance of full responsibility for the shortcomings" identified in the report.

"I regret the impact on the young woman at the centre of this matter and sincerely apologise to her for the distress caused.

"I accept that I was too ready to trust and accept at face value Deputy Commissioner McSkimming's disclosure and explanations to me. I should have been faster and more thorough in looking into the matter."

Coster acknowledged he should have more fully investigated the allegations when they were brought to his attention, "rather than assuming that their previous disclosure to senior Police staff a few years earlier would have resulted in an investigation if necessary".

"It is clear that Police's handling of the whole matter was lacking and that I was ultimately responsible for those matters. It was sobering to

read of a number of missed opportunities which should have proceeded differently and more appropriately."