Disgraced former Deputy Police Commissioner Jevon McSkimming claimed leaking of information about police investigations into him had been "deliberate and well-informed" and was intended to "portray me in the worst possible light".
The claims were made in an affidavit by McSkimming last year in support of an application for an interim injunction relating to the nature of the objectionable material found on his work devices.
The affidavit reveals how McSkimming found out about child sexual exploitation and bestiality being discovered on his devices, his brief resignation letter and the "overwhelming" effects of leaks about the investigation.
He also said his understanding that information about the police investigation was being tightly held, played a "significant role" in his decision to resign.
"I was conscious that the fewer people saw the reports, the lower was the risk of the information leaking to media."
RNZ requested access to McSkimming's affidavit last year and was granted access this week.
In the affidavit, McSkimming said he was suspended with full pay on December 23, 2024, while police investigated allegations made by a woman known to him. The woman, who has name suppression, was referred to as Ms Z in the Independent Police Conduct Authority's scathing report into how police responded to her allegations of sexual offending.
"I denied and still deny those allegations," McSkimming said in the affidavit.
"Details of police's first investigation were swiftly leaked to media, and have been the subject of media coverage."
The second police investigation
The affidavit included an email by Detective Superintendent Darryl Sweeney from March 28 last year informing McSkimming's lawyer Michael Heron KC there was a "new investigation into additional potential criminal conduct".
"This new investigation was initiated in December 2024, following alerts received by the Cyber Security Centre's Insider Threat Programme (ITP) regarding activity associated with Mr McSkimming's New Zealand Police issued computer laptop and/or police issued Apple iPhone."
Sweeney said police were seeking further search warrants.
"In terms of clarity the data obtained to date is from New Zealand Police network cached data."
Police digital forensic specialists were investigating a "significant number of explicit web searches" made by McSkimming over a period of about five years.
"These searches bypassed web proxy rules via cached Google images. For clarity, logging records show that Mr McSkimming's username JMG700 was logged onto these devices, on the NZ Police network or remotely connected, often (from initial indications) in the workplace.
"The initial analysis indicated attempts by your client to access likely objectionable material in terms of the Films, Videos, and Publications Classification Act 1993, including images involving borderline child exploitation, and bestiality."
The Digital Forensics Unit in Christchurch was investigating the exact nature and scale of the searches.
"In terms of fairly informing your client, the scale and prevalence of the searches is considered 'prolific' over the five-year period.
"The analysis indicates that it is likely your client accessed actual objectionable imagery. Police will take such further steps as are considered appropriate. As part of the new criminal investigation, I will be in contact in due course with a request to interview your client with reference to the relevant material."
Sweeney said the Public Service Commission (PSC) had been informed.
Heron replied on April 1. He referred to "serious concerns" he had raised about the legality of police's first warrant at McSkimming's home.
"The warrant was unreasonably broad and, in a number of respects which I set out, its scope was too broad to be lawful."
Heron requested information in relation to the second investigation.
He requested that police provide no further information to anyone beyond the investigation team "while the legality of the searches that have given rise to the launch of this second investigation remains a live issue between us".
"Naturally, the subject of this latest investigation is sensitive. I am cognisant that details of the first investigation were leaked to the media.
"If Mr McSkimming's privacy is breached in respect of this investigation, he reserves all rights to take action against the person or persons involved in the breach."
In response to Heron's questions about police protocols or policies regarding searches of electronic devices, Sweeney wrote: "I expect your client, as chief security officer, is familiar with the relevant policies and protocols...".
However, he sent a copy of the police instructions on information security.
Sweeney said McSkimming's devices were yet to be searched. The data obtained was from the police systems/network.
He said police policies made it clear the personal use of police systems was "a privilege conducted at the user's own risk and may be logged and monitored".
He declined to give Heron's requested assurance which he said was "proposed in very wide terms".
"I assure you, however, that I am mindful of the sensitive nature of the subject matter and of police obligations to act lawfully and with proper purpose."
Ms Z allegations 'false and motivated by a desire for revenge'
McSkimming's affidavit mentions Heron was approached by RNZ on May 6, who "disclosed correctly the general nature of the second investigation and that it related to material allegedly found on my work devices".
The following day Heron wrote to Sweeney. He said it was "obvious" the complaints made by Ms Z were "false and motivated by a desire for revenge".
"It will be clear from your investigation (including from witnesses provided by Mr McSkimming) that [Ms Z] has no credibility behind her allegations. What occurred between them was always consensual and [Ms Z] has conceded that on many occasions. Accordingly, I have advised Mr McSkimming not to attend an interview with you as there could be no credible allegation to answer."
In relation to the second investigation, McSkimming wished to cooperate with police.
"My advice to him is that until the [Ms Z] allegations and investigation are resolved, he ought not be interviewed by you on the other investigation."
Heron referenced the contact from RNZ.
"The source of that could only have come from NZ Police (directly or indirectly). I am sure you will agree that is deeply troubling. I would be grateful if you could ensure that this does not happen again (and I reserve the ability to take steps in respect to this breach)."
On May 9, the Deputy Public Service Commissioner Heather Baggott wrote to McSkimming's lawyers about his fitness to remain in office.
The email included an executive summary of a forensic report by police's cyber security manager.
"This Confidential Police Report was the first information provided to me that described how police had searched any of my devices," McSkimming said.
Also attached was a pre-submission classification from the Deputy Chief Censor.
"The information received from police indicates that you have used your work devices to access pornographic material and that that access includes searches for and access to images involving child exploitation and bestiality. The information received indicates that there has been extensive use of your devices for these purposes, and that searches for this material date back to July 2020," Baggott said.
Baggott said the information received called into "serious question" McSkimming's fitness to remain as Deputy Police Commissioner.
"In coming to the preliminary view expressed above we have put to one side any question of whether the activity reported to us by Police constitutes criminal offending.
"That is because we view the information we have received as sufficiently concerning in itself to give rise to serious questions as to whether you should retain your position, irrespective of whether it constitutes criminal activity."
Baggott said the Public Service Commission had briefed Police Minister Mark Mitchell, who agreed with its recommendation to start a process to consider McSkimming's removal from office.
The commission sought McSkimming's submissions on the matters raised in the letter.
Those comments, along with PSC's advice, would then be provided to Police Commissioner Richard Chambers, the Solicitor-General, Mitchell and Prime Minister Christopher Luxon.
Luxon would then consider whether to recommend to the Governor-General that he should be removed from office.
Baggott requested he make his submission by May 13.
The resignation
The following working day, shortly before 8am on May 12, McSkimming sent an email from he and his wife's joint email address to Baggott, cc'ing in Chambers. The title of the email was "Jevon McSkimming resignation".
"Dear Heather, This letter is formal notice of my resignation from my statutory role in New Zealand Police effective immediately".
In his affidavit, McSkimming said he was told via his lawyer that the confidential information was being "tightly held" with only police investigators, the PSC and Mitchell having knowledge of the contents of the police report and pre-submission classification.
"This played a significant role in my decision to resign on the next working day, 12 May 2025. I was conscious that the fewer people saw the reports, the lower was the risk of the information leaking to media.
"I thought that by resigning quickly, with immediate effect, it would not be necessary for the Minister of Police, for example, to see the full reports. Nor would it be necessary for the Prime Minister to be provided with the information since neither would be required to make any decision about my removal. As a statutory officer my removal requires the Governor-General to act, on the recommendation of the Prime Minister."
McSkimming said later that day Mitchell issued a statement which identified "allegations of a very serious nature recently came to light separate to the investigation that led to him being suspended".
McSkimming said since then he had been "subject of intense media attention", with reporters coming to his family home and his wife's church.
The following day RNZ reported that pornography found on McSkimming's work devices was being investigated as alleged objectionable material.
"The leaking of information about each stage of the police's investigation into my conduct has been deliberate and well-informed. It is designed to portray me in the worst possible light, even before (or even if) criminal charges are laid," McSkimming said.
'Confidentiality has been repeatedly breached'
On May 16, McSkimming was granted a rare "superinjunction" by Justice Karen Grau that prohibited reporting that disclosed the nature of the allegedly objectionable material, as well as the existence of the injunction itself.
In support of the interim injunction, McSkimming said in his affidavit that the effects of the leaks about the investigation had been "overwhelming".
"As a former police officer I understand the investigation process and the importance of ensuring the confidentiality of any information prior to charges being laid, and then prior to a court hearing. In my case, confidentiality has been repeatedly breached but the latest breaches are the most damaging."
He said if he was charged, he wanted to be certain he would get a fair trial. He also wanted the option of considering an application for suppression orders.
"In my current situation, with so little information available to me and the police investigation on-going, I am entitled to have all legal options available to me. The publication of any further information about the nature of the allegedly objectionable material purportedly found on my devices will undermine any applications I may be advised to file in future."
Justice Grau later dismissed his application to prevent the media from reporting that child sexual exploitation and bestiality material had allegedly been found on his work devices.
He pleaded guilty in November to three representative charges of possessing objectionable publications, namely child sexual exploitation and bestiality material and was sentenced to nine months home detention.
