David Seymour has come under fire for the way he has dealt with two criminal cases. Photo: RNZ/Samuel Rillstone
The government's new Chief Victims Advisor has taken a swipe at ACT Party leader David Seymour over his handling of two criminal cases, saying he was wrong and out of line.
Seymour penned a letter expressing his concern authorities had gone "beyond" their brief in investigating Philip Polkinghorne as a person of interest in his wife's death.
Seven months later, he advised a sexual abuse complainant making allegations about the party's then-president Tim Jago to speak to an employment lawyer, not the police.
The ACT leader stands by his responses, saying he was helping a "distraught" constituent in the Polkinghorne case and followed legal advice to the letter in relation to the Jago complaint.
Incoming Chief Victims Advisor Ruth Money has now told RNZ she believed Seymour went beyond his remit in both instances.
On the Polkinghorne letter, Money said Seymour should have taken his constituent's concerns about police conduct to the Independant Police Conduct Authority.
"I think the letter is well intentioned, you obviously need to do the right things for your constituents and there's obviously a lot of pressure when they are standing there pleading their case to you.
"But in this case the appropriate action would seem to be the IPCA as a referral, as opposed to writing opinions.
"While I understand people often ask their MPs for help, which is quite appropriate, that help should be navigation assistance and certainly not include any opinion, assessment or position."
Ruth Money. Photo: RNZ / Niva Chittock
On the Jago complaint, Money said Seymour's decision to refer the complainant to an employment lawyer was a mistake, albeit a common one as complaints raised in the workplace are often referred to legal counsel instead of law enforcement.
"I have survivors who have been sexually abused or sexually harassed in a work environment and often the boss will involve an employment lawyer rather than a law enforcement office.
"So I can see how the mistake happens but it is absolutely an error. Everybody needs to be very, very clear that if there is sexual violence disclosed, a law enforcement agency ie the police is the appropriate course of action and the only appropriate course of action."
New Zealand has three branches of government - the executive that proposes laws, the parliament that passes them and the judiciary that applies those laws.
Each operates independantly of one another, known as the "the separation of powers" principle intended to prevent abuses of power.
Labour leader Chris Hipkins said Seymour had clearly overstepped in the Polkinghorne case and if Christopher Luxon had "any standards as Prime Minister" he would have sacked him on the spot.
"Members of parliament supporting constituents with inquiries to the police is one thing, inserting yourself in the middle of a murder investigation is entirely another."
Prime Minister Christopher Luxon is standing by Seymour, but made it clear he thought the Polkinghorne letter was a mistake at his weekly post-Cabinet media conference on Monday.
"There's been no breach of the Cabinet manual. He didn't do this as a Minister I just think sending the letter was ill-advised. That's my personal view on it."
In less than an hour, Seymour made it crystal clear he disagreed with the Prime Minister's criticism in an interview on Checkpoint.
"What's ill-advised is commenting when you don't know all the facts and criticising a local MP for doing their work which is standing up for their constituents."
He said Luxon should know all the facts before criticising someone for doing their job though it's unlikely Luxon will be able to get to the bottom of things, given Seymour has said some of the facts are confidential.
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