Police Find No Systemic Issues – Again

There is a particular genre of statement that New Zealanders have become wearily familiar with over the past year, in which an institution facing serious allegations undertakes an internal review of itself and emerges, remarkably, unscathed.

This week it was again Police's turn, with Assistant Commissioner Tusha Penny informing the public that "an internal assurance audit of all districts and service centres confirmed for Police that there were not wider systemic issues."

The facts, as they stand, are these... A senior officer's handling of adult sexual assault and child protection cases across multiple postings, over a three year period beginning in May 2023, has triggered a rapid review of roughly a thousand files. Fifty four of those cases have now been reassigned for re-investigation.

The officer is, we are told, subject to an "employment process", a phrase doing a great deal of work to avoid the word "stood down".

Today, RNZ reported:

 

More than 50 child protection complaints and adult sexual assault cases have been re-opened amid concerns about a senior officer.

The re-investigations follow a "rapid review" of 1000 files that were under the oversight of the officer while working in different locations over a three-year period from May 2023.

The officer is now subject to an employment process, with police describing the revelations as "extremely concerning".

The Chief Victim's Advisor, who has been briefed on the matter, said the alleged actions of the officer are "absolutely horrific".

In a statement sent to RNZ, Assistant Commissioner District Support Tusha Penny said concerns were raised in May 2026 about the management of one historical case.

"That initial case sparked a further review where another 13 cases were identified as requiring re-investigation. 

...

Penny said the operation had pulled together a team of specialist child protection and adult sexual assault investigators to work on the re-opened cases.

"An internal assurance audit of all districts and service centres confirmed for Police that there were not wider systemic issues. 

  

An audit that finds no wider systemic issues is only as good as those who are tasked to conduct it and what it actually examined, and on both counts Police have told the public remarkably little. We do not know how the audit defined "systemic", or whether anyone outside the organisation had sight of its methodology before Assistant Commissioner Penny delivered her categorical verdict.

What we do know is that this reassurance arrives while a second integrity scandal over staff misuse of devices is still working through the courts, and while a sitting Commissioner faces his own complaints to the IPCA. If three concurrent conduct scandals across different parts of the same organisation do not meet the bar for "wider systemic issues", it is worth asking what would? 

On 23 February 2026, Stuff reported:

Three police staff leave jobs, 10 still under investigation amid audit of devices

Three police staff have left their jobs amid a “rapid review” of security on police devices in the wake of the McSkimming scandal.

Stuff reported in November that 20 police staff were under investigation following the auditing of police devices for misuse and inappropriate content, and that six had been stood down.

On Monday, Deputy Commissioner Jill Rogers said ten staff - including five who had been stood down - remained under investigation.

“In total, police have investigated 18 cases. Several more were initially identified but later excluded when the searches in questions were found to be work-related,” she said.  

 

The device review has also entangled Mitchell in a credibility dispute of his own, and not a flattering one.

 In December 2025, RNZ reported:

 

'Total nonsense': Police Minister hits back at former commissioner's claims he knew about McSkimming allegations

Police Minister Mark Mitchell says the former Police Commissioner's claims he knew about allegations being made about Jevon McSkimming "absolute total nonsense".

Mitchell said he was first informed of concerns regarding former Deputy Commissioner Jevon McSkimming on November 6, 2024.

Last month Mitchell said 36 emails containing allegations about McSkimming were sent to his office but he never saw them.

 

Whatever the truth of who knew what and when, the review those allegations set in motion has itself proven difficult to pin down. 

On June 11, 1 News reported: 

 

Three police officers face objectionable material charges  

Three police officers are facing multiple charges of possessing objectionable material.

The charges come after police launched a rapid review of information security controls, triggered by the scandal surrounding the former deputy commissioner Jevon McSkimming.

This morning, Deputy Commissioner Tim Anderson said two Auckland-based constabulary staff would appear in the Manukau District Court "over the coming days".

Each is charged with "multiple counts" of possessing an objectionable publication. 

 

That review has, at various points, produced twenty staff under investigation, six stood down, five stood down, three stood down and charged, and four resignations, depending on which month's press release one happens to be reading.

Layer on top of that a sitting Police Commissioner, who is himself the subject of two separate integrity complaints referred to the IPCA, and the picture that emerges isn't one of an isolated lapse. It is a pattern, and a fairly damning one.

On 25 June, RNZ reported:

Police Commissioner Richard Chambers under investigation after complaints

An investigation is under way in relation to complaints about Police Commissioner Richard Chambers, RNZ can reveal.

Chambers says he strongly rejects the claims, which RNZ understands relate to alleged conduct towards women. RNZ understands the allegations have not been substantiated at this time.

RNZ approached Police and the Minister of Police Mark Mitchell's office last week after learning concerns had been raised about Chambers.

On Thursday, Deputy Commissioner Mike Pannett told RNZ complaints relating to Chambers were being investigated by the Independent Police Conduct Authority (IPCA) and police.

"These are being managed in accordance with proper processes including oversight by the IPCA. There is no further comment at this stage."

RNZ understands that as part of the investigation staff from the National Integrity Unit visited one of the complainants in Australia. This allegation is believed to be historical. 

 

Mark Mitchell's contribution to the matter of the reopened sexual assault and child protection files sadly follows an all too regular pattern: an admission that he hadn't received a briefing at the time he was first asked to comment, before pivoting swiftly to praising Police in general for "outstanding work" done by officers who "invest a lot of themselves" in difficult cases.

Most police officers no doubt do good and difficult work every day. But it's a curious rhetorical move for a Minister to make when the matter at hand is a colleague's alleged failure over three years to do that work properly, at the expense of victims of sexual assault and child abuse.

Mitchell went on to say he was "pleased to see" Police had been proactive in auditing files once the issue was raised, a line that treats a response to public exposure as though it were a display of institutional virtue rather than the bare minimum expected of an organisation entrusted with prosecuting crimes against children.

What Mitchell did not offer was any indication that he intends to ask harder questions about how a single officer's oversight of a thousand files across several locations went unexamined for three years, nor any acknowledgement that this failure sits alongside at least two other live integrity scandals within the same organisation he is responsible for.

None of this is happening in a vacuum. After all, the Police have a track record here that simply cannot be ignored. One cannot talk about such things without highlighting the historical sexual misconduct allegations dating from the 1980s, which were made against serving and former police officers, culminating in charges against assistant commissioner Clinton Rickards and former officers Brad Shipton and Bob Schollum over the rape and sexual abuse of Louise Nicholas, with both men acquitted after claiming the sex was consensual. The trial jury was never told that Shipton and Schollum had already been convicted of an earlier pack rape and were serving prison sentences for it.

This is not offered as equivalence. It is offered as context. It is yet another example of the lengths the Police go to to cover up for their own, and the extent of offending required for there to be any accountability. An institution with this particular history of serious misconduct, followed by reassurance, followed by further misconduct, has rather less credibility in hand than Assistant Commissioner Penny's might assume.

Reassurance for victims is welcome, and necessary. It isn't, however, a substitute for scrutiny, and a Minister whose default setting is to always commend the very institution under investigation isn't discharging his oversight function so much as outsourcing it entirely.

The Prime Minister's own office has not been immune to this pattern of serious allegations meeting a surprisingly high bar for action. Michael Forbes, at the time Luxon's acting deputy chief press secretary and previously a press secretary for Social Development Minister Louise Upston, resigned in June 2025 after it emerged he had been the subject of a police complaint over allegations he recorded audio of sex workers without their consent and kept intrusive images and video of other women in private areas.

Police investigated these clear breaches of the law in 2024 and incorrectly decided the matter did not meet the threshold for criminal prosecution. Apparently the offending was never raised by senior Police with his employer under the "no surprises" convention that exists precisely to prevent this sort of political scandal, and Luxon says he only learned of it when a media outlet contacted his office directly.

Whatever the merits of the Prime Minister's claims and that particular charging decision, it sits alongside everything above as one more instance of a prosecutorial threshold that seems to shift depending on the accused persons political connections, from an institution that keeps asking the public for trust it has repeatedly shown it hasn't earned.

Police may well be correct that no single, isolated systemic defect explains all of this. But numerous concurrent scandals, a Commissioner facing his own complaints, and a Minister reaching first for praise rather than questions and accountability, do not describe an organisation in good order. They describe one that keeps discovering, to its own evident surprise, that their swamp needs to be drained again.

Luxon's Homelessness Story Falls Apart in 48 Hours

Christopher Luxon has spent the better part of this week proving, in the most unflattering way imaginable, that neither he nor the people paid to advise him can be trusted to get a basic fact straight for longer than forty eight hours.

On Monday, fronting the post-Cabinet press conference, the Prime Minister admitted he did not know that Auckland has no night shelters for people sleeping rough. This is a man who has now run the country for the best part of three years, who apparently could not tell you the most rudimentary fact about the largest city in the country he leads.

This lack of knowledge, despite Auckland City Missioner Helen Robinson, a woman with over a decade of frontline experience, telling anyone who would listen that she has never seen homelessness in New Zealand at this scale in her career. Demand at the mission is constantly at capacity, with people now sleeping in the mission's laneway because it is unsafe to sleep elsewhere at night, and Luxon seemed entirely untroubled by any of it as he pivoted straight back to defending his government's spending record.

On 2 July, RNZ reported:

 

Prime Minister Christopher Luxon admits he didn't know there was no night shelter for rough sleepers in Auckland

Prime Minister Christopher Luxon has admitted he did not know there was no night shelter in Auckland for people sleeping rough.

His weekly post-cabinet media conference followed revelations Ministry of Social Development staff have performance targets to reduce emergency housing numbers.

This is the pattern with this floundering Prime Minister and it ought to embarrass everyone around him. Confronted with a real and worsening crisis on the streets, his instinct was not to address the failures of his own administration, but to immediately reach for a rehearsed comparison to the previous government and a set of statistics chosen to somehow try and make him look competent.
 

On 1 July, 1News reported:

 

Does NZ have night shelters? PM stands by remark

The Prime Minister is standing by a statement that New Zealand has no night shelters, after Labour used the remark to accuse him of being out of touch with the reality facing homeless New Zealanders.

Luxon was today pressed by the Green co-leader Chlöe Swarbrick over suggestions of rising homelessness and rough sleeping.

We don't have night shelters in New Zealand, Luxon told the House. We don't think the evidence works where someone shows up for one day and moves on.

That a Prime Minister could go from confessing he did not know a fact about his own largest city to confidently asserting a sweeping, false claim about the entire nation within two days is not a forgivable slip.

Consider what each explanation actually requires you to believe. If it was carelessness, then the leader of this country walked into the House of Representatives and made a nationwide claim about homelessness policy without anyone in his office checking whether it was true, on a subject his government had already been repeatedly embarrassed over. That is not a minor oversight.

That is a Prime Minister and an entire staff of press secretaries, policy advisors and communications staff failing to do the most basic due diligence on a topic they knew was under active scrutiny.

If, on the other hand, it was deliberate, then the explanation is worse, not better. It would mean Luxon and his office made a conscious decision that the way to handle an admission of ignorance was not to own it, but to bury it under a bolder and more sweeping claim that sounded like settled policy rather than an accident. That is not damage control, it is a Prime Minister choosing to mislead the public rather than admit he had not done his homework, gambling that a confident assertion in the House would carry more weight than the truth.

Either explanation leaves Luxon exposed. Carelessness of this scale in a Prime Minister is a governance failure. Deliberate misdirection is a integrity failure. There is no third option available to him here where this sequence of events reflects well on his competence or his honesty, and that is precisely why the contradiction has stuck and continues to draw headlines.

After admitting his ignorance on the Monday, Luxon returned to Parliament the following day and flatly told the House there were no night shelters anywhere in the country, a claim so overreaching his own office was later forced to walk it back into something narrower and more defensible.

On 1 July, the Labour Party website posted:

Luxon doesn't know the facts about homeless

Christopher Luxon's comments about night shelters show a Prime Minister who is completely out of touch with the reality facing homeless New Zealanders.

On Monday, Christopher Luxon didn't know Auckland had no night shelter. Today, he stood in Parliament and falsely claimed there are no night shelters anywhere in New Zealand, Labour Housing spokesperson Kieran McAnulty said.

That is still a generous reading of what happened this week, and even that generous reading is brutal. The less generous reading is that somewhere in the Beehive, an advisor looked at a Prime Minister who had just publicly admitted ignorance and decided the smart move was to arm him with an even bolder, even less accurate claim to recite in the House the very next day.

It appears that Luxon is surrounded by people either too incompetent to check a basic fact before putting it in his mouth, or too cynical to care whether it was true.

Either way, the 2400 families Luxon says have been moved out of motels deserve real suspicion rather than applause. That figure comes from a system where MSD staff are effectively rewarded for turning people away, which means the Prime Minister is standing in Parliament claiming credit for a success rate built, at least in part, on rationing help rather than genuinely reducing need.

None of this required a conspiracy to expose. It only required a Prime Minister and his office who could describe the facts on the ground accurately across a single week, about as low a bar as any competent government could be asked to clear.

That this administration couldn't manage it, while people are sleeping in cars and on park benches because there is nowhere else for them to go, tells New Zealanders exactly where homelessness sits on this government's list of priorities.

Illegal Cigarettes Up 74% Since National Canned Smokefree

Here is the number National does not want you dwelling on. In 2023, the year before this coalition tore up New Zealand's world leading smokefree laws, Customs seized 8.5 million illegal cigarettes. By 2025, the first full year under the repeal, that figure had climbed to 14.8 million. That’s a shocking 74 percent increase in illegal cigarettes flooding the country, on this government's watch, as a direct consequence of decisions this government made.

Christopher Luxon told the country the opposite would happen. On the day he was sworn in, he defended the repeal by warning that cutting the number of licensed tobacco retailers would create an untaxed black market, ripe for ramraids and organised crime. It was a confident, specific claim, and it was wrong in exactly the way public health researchers warned it would be at the time.

Yesterday, 1 News reported:

Five arrested, 1.38 million illegal cigarettes seized in raids

Five people have been arrested and 1.38 million illegal cigarettes seized in a series of raids at dairies and homes across the North Island.

Authorities carried out 21 raids at eight retail outlets and six residential addresses in Rotorua, Waikato and Auckland as part of the six-month operation.

The operation, dubbed Operation Clarify, was led by Customs, with support from police and Health New Zealand

Customs estimated that 1.378 million cigarettes, representing more than $2 million in evaded tobacco excise, were seized. Around $170,000 in cash was also seized. 

The trouble for Luxon is that none of the measures he blamed in advance ever got the chance to operate. Denicotinisation, the retailer cap, and the smokefree generation clause were repealed within his government's first hundred days, before any of them could plausibly have caused anything. What has actually driven the explosion in illicit tobacco is the environment National itself created once those protections were gone.

Start with the money. This coalition of chaos government set aside $216 million to fund a 50 percent cut to excise tax on heated tobacco products, a change that mainly benefits Philip Morris, whose New Zealand external affairs staff include former senior figures from NZ First's own political operation.

Customs Minister Casey Costello has since told media the reason for the surge in seizures is that excise increases breached a threshold, creating a big price differential. Health researchers have called that explanation straight out of the tobacco industry playbook.

Then there’s the enforcement gap this government left wide open. It took until May 2026, more than two years after the repeal, for Customs, police and the health sector to even be combined into a single Illicit Tobacco Action Group. By the time that group carried out its first major operation this week, arresting five people and seizing 1.378 million cigarettes across Rotorua, Waikato and Auckland, investigators found the network they broke up had been actively recruiting more retailers to expand. National had years of warning and years of rising seizure data. It moved only once the numbers had become impossible to ignore.

None of this is abstract. Modelling of the repealed legislation found it would have cut smoking deaths by 1,170 within ten years and by 8,150 within twenty, including 2,811 fewer deaths among Māori, who continue to carry a wildly disproportionate share of this country's smoking harm. Every one of those numbers represents a New Zealander whose death this government could have prevented.

The Cancer Society estimated that within the first hundred days of the coalition alone, roughly 585 New Zealanders would die from tobacco related cancer, a toll the repealed law was specifically designed to start bringing down.

As Otago University public health researcher Andrew Waa put it at the time, one death from this toxic product is one too many. Health Coalition Aotearoa co-chair Boyd Swinburn was blunter still, accusing the coalition of putting the profits of the tobacco industry ahead of the health of New Zealanders.

Back in November 2023, RNZ reported:

Smokefree legislation would have driven cigarette black market - Christopher Luxon

Luxon told Morning Report there were "some practical issues" with the amendments to legislation passed last year that National, ACT and New Zealand First disagreed with, such as reducing the number of retailers that could sell tobacco.

The amendments, parts of which are yet to come into force, would also have created a generation of young New Zealanders who would never legally be able to buy cigarettes.

"To say that actually, you can concentrate all that distribution in a few shops and you have one smoke shop in one small town in New Zealand, you can't not tell me that will be a massive target for ramraids and crime; there will be an increased black market - an untaxed black market - for cigarette smokes," he said.

This isn't a government that got the settings wrong through incompetence. It repealed a law on the advice of arguments that mirrored tobacco industry submissions almost word for word, funded partly by a tax break that happened to suit Philip Morris, and then took two and a half years to build an enforcement response to the entirely predictable consequences. The illicit market didn't grow despite National's choices. It grew because of them.

Luxon promised that repealing the law would prevent a black market in tobacco products. Instead he built one, funded the industry driving it, and let it run largely unchecked while people, disproportionately Māori, kept dying of a disease this country was on track to end.

Luxon's Operational Excuse for MSD's Institutional Cruelty

There's a phrase that sits at the centre of New Zealand's political vocabulary like a stone in a shoe, and it belongs to Christopher Luxon. He deploys it whenever a minister's conduct has become sufficiently embarrassing that a plain answer would require either accountability or candour, and he is incapable of either. The phrase is "operational matter."

It arrived again this week, dressed in slightly more expansive clothing than usual, when a reporter asked the Prime Minister whether he or his ministers had been aware that the Ministry of Social Development had established internal performance targets, effectively key performance indicators, designed to reduce access to emergency housing support.

Tama Potaka, the responsible minister, had claimed ignorance on Q+A when questioned by Jack Tame, and denied that he had any knowledge that such targets existed. Tames excellent line of questioning drew Potaka to suggest that a reasonable person might consider them a perverse incentive.

The reporter questioning Chris Luxon and Chris Bishop about the same issue during their Cabinet meeting standup on 29 June, also invited Luxon to either confirm or deny knowledge of a practice that his own minister had claimed ignorance about and appeared to have criticised, a policy that is the direct result of the National Party's anti-welfare policy direction.

Luxon's response deserves to be quoted in full, because the evasion contained within it is telling:

 

"Yeah look. I think my Ministers are there to set the direction. I think the CEO's are then asked to set the operations into motion. Ah! It's not surprising that there will be performance, criteria, you know, performance management criteria.

Ah! It's not just peculiar I imagine to just this one issue. There will be a range of considerations, or KPIs, or deliverables that would be expected, that a CEO would be holding a manager to account for. But ultimately it's an operational issue for MSD."

 

Get that. A Prime Minister, asked whether his government was aware that the welfare agency it oversees was operating new internal targets incentivising the reduction of emergency housing assistance to some of the country's most destitute people, responded by observing that it isn't surprising that performance management criteria exist, and then passed the buck entirely to the operational domain of MSD's chief executive.

In effect it's another evasive word salad from a floundering PM. Not a denial that such targets exist. Not a condemnation of them. Not a commitment to examine them. Merely a shrug performed in the language of corporate governance. Ministers set direction. CEOs set operations into motion. The homeless, apparently, don't deserve any consideration in that particular chain of responsibility at all.

The trouble with Luxon's answer, beyond its spectacular moral vacancy, is that it's also structurally dishonest. Ministers in New Zealand aren't merely the setters of broad strategic direction, insulated from the operational consequences of that direction as though by a firewall. They are constitutionally responsible for the conduct of their ministries, and the effects of their policies.

The doctrine of ministerial responsibility, one of the foundational principles of the Westminster system in which New Zealand's Parliament operates, holds that a minister is accountable for the actions of their ministry, whether or not they personally authorised each individual decision. This isn't a technicality. It is the mechanism by which democratic accountability flows from the bureaucracy to the elected government to the public.

What Luxon offered instead was a version of accountability so attenuated as to be meaningless: I am responsible for direction, but not for the consequences of that direction when those consequences prove politically inconvenient.

What makes the exchange additionally revealing is the Budget context in which these KPIs exist. The same Coalition of Chaos that Luxon apparently leads has legislated automation tools for MSD with a $55 million savings target already baked into the Budget forecasts before a single reassessment has taken place. That figure didn't arrive from nowhere. It was a political decision, made by the government of which Luxon is the head, about how much money would be taken out of welfare expenditure through the agency of a new assessment regime.

On 28 June 2026, 1News reported:

'Perverse Incentive': MSD Staff Metrics Include Emergency Housing Grants

Ministry of Social Development (MSD) managers are being individually assessed on whether they keep emergency housing numbers under the government's targets, and told they could face consequecnes if their performance across their KPIs does not meet expectations.

Multiple tiers of MSD staff are subject to annual performance agreements, according to internal documentation released under the Official Information Act.

The staff receive regular grading on eleven measures, including the number of people in their region who receive emergency housing grants. Managers are rated as either "exceeding", "achieving", or "needs improvement" on each metric.

"Where performance does not meet expectations, you will be required to develop and implement targeted improvement plans to address gaps and restore performance," the letter states.

When a ministry operates inside a funding envelope that has predetermined the savings to be made from reducing benefit access, the existence of internal KPIs calibrated toward exactly those reductions isn't, as Luxon would have it, a routine and unremarkable operational matter. It is the operational expression of a political objective. The direction was set. The operations followed the direction. The minister set the direction. That isn't MSD behaving autonomously. That is MSD doing what it was instructed to do

On 29 June 2026, Newstalk ZB posted:

MSD Incentive to Reduce Emergency Housing Needs to Go

Documents obtained under the Official Information Act show MSD managers are assessed on a range of performance measures, including reducing the number of people receiving emergency housing grants.  

Staff are graded as "exceeding", "achieving" or "needs improvement", and the documents state that if performance doesn't meet expectations, an improvement plan can follow. 

So we are grading people on whether they keep people out of emergency accommodation. 

That should concern every New Zealander. 

The Auckland City Mission says these targets create an incentive to say no.  

The Christchurch Methodist Mission says nobody should ever be rewarded for denying someone a basic thing like shelter. Those are serious claims. 

The overseas experience here is instructive, and deliberately ignored by those in power. In the United Kingdom, the Work Capability Assessment regime administered under successive governments through contracted providers including Atos Healthcare produced precisely the dynamic that Luxon is now normalising.

Upper Tribunal judges found the assessment reports unacceptably poor. Three judges ruled that the assessment framework systematically disadvantaged people with mental health conditions, learning disabilities, and autism. A High Court found the Department for Work and Pensions had launched its reform consultation without any disability or equality impact assessment, concealing from the public that civil servants had identified that 100,000 people would be pushed into poverty. Those internal documents only emerged through litigation.

Just like the documents that only surfaced through court-ordered discovery in Mike Smith's climate case, after Luxon's office had separately failed to disclose the same material in response to an OIA request, those internal DWP documents didn't emerge through ministerial transparency. They emerged through litigation brought by disability activist Ellen Clifford, because ministerial transparency is among the first casualties of dishonest governments. 

In the United States, the lawsuit against UnitedHealth over its nH Predict algorithm has revealed a system in which an AI tool with a documented 90 percent error rate was used to override physicians' clinical decisions for elderly Medicare patients, and internal performance targets were set requiring employees to keep patient rehabilitation stays within one percent of the algorithm's projections. The company knew that only 0.2 percent of wrongly denied patients would ever file an appeal. The incentive structure was calibrated to that gap. It wasn't an operational aberration. It was operational design.

The government's willingness to present declining numbers as a success story, while internal KPIs were calibrated to produce exactly that decline regardless of genuine need, is the most revealing detail of the entire affair. The statistics don't tell you how many people were turned away from emergency housing because a manager's performance review depended on it. They don't tell you how many people are now sleeping rough while the spreadsheet looks tidy.

New Zealand is now building the infrastructure for an equivalent system to the overseas examples detailed above: legislated automation powers for MSD, an approved pool of government-selected and compliant doctors to replace treating physicians in eligibility assessments, a Budget savings target that predetermines the outcome, and a Prime Minister who has publicly committed to treating the consequences of all of that as an inconsequential matter for the chief executive.

Luxon's answer was a policy position, stated plainly and without embarrassment in the language of corporate management devoid of a soul. The disabled, the homeless, the New Zealanders who require emergency housing support, aren't constituents. They are line items. They are the savings target.

A reasonable person, as Tama Potaka himself suggested, might find that a perverse incentive. A Prime Minister who runs the government responsible for it responded by confirming it was routine, unremarkable, and not his problem.

That answer tells New Zealanders everything they need to know about Luxon: that the most vulnerable in this country are, to him, somebody else's operational problem.

The Rank Hypocrisy of Louise Upston

There is a particular variety of cruelty that only the wealthy can practise with a straight face. It is the cruelty of the well-housed legislating against the homeless, the generously subsidised cutting the meagre subsidies of the destitute, all while wrapping the enterprise in the sanctimonious language of fiscal responsibility, personal accountability, and, one can scarcely believe their hyperbole, claims of fairness.

Louise Upston, the Minister for Social Development and Employment, has proven herself a virtuoso of precisely this type of political propaganda.

Let us begin with what Stuff revealed this week, a disclosure so brazen in its hypocrisy that one might have assumed, in a more just and attentive political culture, it would end a ministerial career on the spot.

Upston claims $1,000 per week in accommodation assistance from the Government for living in her own flat in Wellington, a flat she owns freehold, and she isn't subject to the same asset testing or income testing applied to state tenants or to recipients of the Accommodation Supplement she now seeks to restrict.

One thousand dollars a week. Fifty-two thousand dollars a year. From the public purse. Into her own pocket. For the privilege of sleeping, at taxpayer expense, in a property she owns outright.

On Thursday 22 May 2026, Stuff reported:

Minister seeking tougher accommodation supplement criteria claims $1000 a week housing allowance 

Louise Upston wouldn’t answer questions about whether she would meet the eligibility threshold she is seeking to enforce for New Zealanders claiming accommodation supplements from the Government.

MPs who live outside of Wellington are entitled to an accommodation allowance to pay for housing in the capital.

Ministerial expense claims show the social development minister claims $1000 per week, while the pecuniary interests register shows she jointly owns an apartment in Wellington. It does not show any mortgage debts owed.

The amount Upston claimed last year was $52,000, on top of her $320,600 ministerial salary.

This would be, in ordinary times, merely a story about a politician who lacks the self-awareness God gave a houseplant. But these aren't ordinary times, and Upston isn't merely any politician helping herself to what she regards as an entitlement she is entitled to. She is, simultaneously and without apparent embarrassment, the architect of legislation designed to make the Accommodation Supplement harder for low-income New Zealanders to access.

The Social Security (Jobseeker Support and Accommodation Supplement) Amendment Bill, introduced by Upston on 14 May 2026, lifts the threshold at which homeowners can claim the Accommodation Supplement from 30 percent of their income up to 40 percent, leaving the calculation tighter than at any time since the supplement was introduced in 1993. Those who cannot meet that threshold, low-income homeowners already stretched thin by mortgage payments, rates, and insurance in an unforgiving housing market, will simply go without.

On 14 May 2026, RNZ reported:

 

Accommodation supplement change raises concern

A critic says a change to the accommodation supplement rules is expected to push some households further into poverty.

The Social Security Amendment Bill was introduced in Parliament on Thursday.

It introduces changes that were signalled in the 2025 Budget, which the government said were designed to better target financial assistance and ensure the sustainability of the welfare system.

It introduces a parental assistance test for 18- and 19-year-old JobSeeker applicants and adjusts the calculation for the accommodation supplement.

Homeowners will be assessed based on contributing 40 percent - not 30 percent - of their income to housing costs before they are eligible for a subsidy.

Child Poverty Action Group spokesperson Isaac Gunson said even households that could meet that threshold would experience "deeper after-housing-cost poverty".

Read that again. Deeper poverty. For families. For children.

And here is the woman responsible, cashing her thousand dollars a week from the same government she leads, for the same class of expense she now tells struggling New Zealanders they must bear a greater share of themselves. The hypocrisy isn't incidental. It is structural. It is woven into the very fabric of what this nasty government is and what it stands for: one rule for those inside the charmed circle of parliamentary entitlement, and an entirely different and harsher rule for everyone else.

Upston's hostility to the welfare of the most vulnerable doesn't begin or end with accommodation. When officials presented her with advice that $3 billion a year was needed to fix child poverty, Upston rejected it, telling RNZ that the government "disagreed with this approach, as it would further entrench long-term welfare dependency."

Three billion dollars to lift children out of hardship, dismissed. Meanwhile, $52,000 a year to house a freehold-property-owning Cabinet minister in her own apartment, that, apparently, is a legitimate and unremarkable use of the public's money.

On 23 September 2024, RNZ reported:

 

Louise Upston rejects official advice $3b a year needed to fix child poverty

The coalition government disagrees with advice provided by officials that $3 billion a year is needed to reach the country's child poverty reduction target.

Minister for Child Poverty Reduction Louise Upston said the government was taking a different approach to the previous Labour government.

Obviously, making poor people poorer isn't going to reduce child poverty.

A ministerial briefing from Treasury, released to RNZ, shows officials in April this year did not believe the poverty targets were "realistically achievable".

Documents showed year-on-year progress was not on track and meeting the targets "would require investment in the region of $3 billion per year".

Officials presented Upston with two alternative targets for 2028 that they believed could be achieved.

There is, too, the matter of the Social Security (Accident Compensation and Calculation of Weekly Income) Amendment Act, a piece of legislation so precisely calibrated to harm the already-injured that it is difficult to see it as anything other than punitive in intent.

The legislation came after a significant High Court ruling against the Ministry of Social Development, which found that MSD could not require people to pay back supplementary assistance, including accommodation supplements and winter energy payments, once they had received backdated compensation from ACC. Many of those affected had been waiting, sometimes for months, for ACC to process their claims, and had relied on welfare support in the interim. The courts ruled in their favour.

On 17 February 2026, RNZ reported:

 

Incoming law change so MSD can claw back welfare payments off ACC clients

The government has introduced legislation so the welfare system can legally claw back payments when someone has been backpaid for an ACC claim.

Social Development and Employment Minister Louise Upston moved a motion of urgency to introduce the Social Security (Accident Compensation and Calculation of Weekly Income) Amendment Bill shortly after 7.30pm.

It comes after a significant High Court ruling against the Ministry of Social Development (MSD) on the recovery of welfare payments late last year.

The ruling said MSD couldn't require people to pay back supplementary assistance they'd received (like accommodation supplements and winter energy payments) once they had been paid back-dated compensation from Accident Compensation Corporation (ACC).

So a motion of urgency to introduce another punitive bill, rushing the legislation through under cover of darkness to override a court decision that had, for a brief and inconvenient moment, protected some of the most vulnerable people in the country from having their already-modest support clawed back.

This is the pattern. A court finds in favour of the poor. The government legislates the finding away, under urgency, before anyone has the opportunity to object or even read the rushed legislation.

Anti-poverty groups, including the Child Poverty Action Group and Disabled Persons Assembly NZ, have previously urged Upston to reverse funding cuts to respite for carers, cuts made without notice by her predecessor and inherited without correction. The silence from the Minister to their concerns was characteristically deafening.

It bears repeating that this is all happening within a broader coalition government that has consistently, methodically, and without visible remorse set about making New Zealand a more divided and impoverished society.

The gap between those who have and those who do not isn't a regrettable accident of economic circumstance under this government. It is a policy outcome. It is, to be specific, the intended result of a programme that taxes the poor through benefit cuts, strips protections through legislative urgency, and rewards the already-comfortable with even more taxpayer wealth that they are selfishly squandering.

Louise Upston stands as an emblem of that socially destructive programme. She talks the language of compassion, and she has, publicly, rejected the term "beneficiary bashing", while prosecuting policies that leave children in deeper poverty, overridden court decisions protecting the injured, and cut the support networks of the disabled. And she does all of this while pocketing $52,000.00 each year to sleep in her own freehold apartment.

If there is a better example of what this coalition is, and what it thinks of the people it governs, one would be hard pressed to find it.

Luxon's Twelve Acts Of Constitutional Contempt

Chris Luxon - CEO of New Zealand

Constitutional vandalism doesn't always announce itself as such. It does not arrive in the form of rockets or tanks, nor does it require the suspension of Parliament or the arrest of judges.

It arrives, instead, dressed in the language of democratic mandate, of delivering on election promises, of parliamentary sovereignty, and it is precisely this variety of vandalism that the Luxon-led coalition government has been practising, with increasing boldness and decreasing embarrassment, since it took office in late 2023.

New Zealand does not yet possess a written, entrenched constitution of the kind that makes such conduct immediately and visibly illegal.

What it does possess, and what the current government has shown a systematic willingness to erode, is a body of constitutional convention that is, if anything, more fragile precisely because it depends upon the good faith of those in power to uphold it. That good faith has been conspicuously absent since the coalition of chaos took power.

The pattern, once you observe it, is impossible to miss. A court or tribunal hands down a ruling that inconveniences the government’s misguided ideological programme. The government’s response isn’t to appeal, isn’t to seek further clarification, isn’t to adjust its policy settings in light of the law. The response is to legislate the inconvenience away.

Consider the disestablishment of Te Aka Whai Ora, the Māori Health Authority, by Health Minister Shane Reti in February 2024. The Waitangi Tribunal had scheduled an urgent hearing into the proposed closure.

The government’s response was to introduce the Pae Ora (Disestablishment of Māori Health Authority) Amendment Bill on 27 February 2024, two days before the hearing was due to begin, and pass it under urgency within days.

When the Tribunal eventually restored its jurisdiction and conducted its inquiry, it found the Crown had breached multiple Treaty principles. 

Reti and the government responded with silence, offering not a word of substantive engagement, no acknowledgement of wrongdoing, no corrective action, only the quiet arrogance of a government that has decided the findings of independent constitutional bodies are an inconvenience to be absorbed, not an obligation to be met.

 

On 29 November 2024, Te Ao Māori News reported:

Coalition’s scrapping of Māori Health Authority breaches Treaty - Waitangi Tribunal

The Waitangi Tribunal says the government’s quick disestablishment of Te Aka Whai Ora (Māori Health Authority) breached Treaty of Waitangi principles.

The tribunal today released the first part of its report on the disestablishment.

It found that the move breached Treaty principles, including tino rangatiratanga, good government, partnership (including the duties of consultation, and acting reasonably and in good faith), active protection and redress.

 

The conduct surrounding the repeal of section 7AA of the Oranga Tamariki Act also deserves particular scrutiny, because it involves not one court interaction but two. When the Waitangi Tribunal summoned Children’s Minister Karen Chhour to give evidence about the proposed repeal, Crown lawyers went to the High Court to block the summons and won. The matter was appealed.

On 13 May 2024, the Court of Appeal unanimously overturned the High Court’s ruling, confirming that the Tribunal had the clear legal authority to summons a sitting minister. The following day, the very next day, Chhour introduced the repeal bill to Parliament, ending the Tribunal’s jurisdiction entirely.

That isn’t parliamentary sovereignty. That is using Parliament as a shield against judicial accountability. The Tribunal had already found the repeal breached the Treaty’s guarantee of Māori self-determination. The bill passed into law on 3 April 2025 regardless. 

On 13 May 2024, RNZ reported: 

 

Court of Appeal overturns decision that blocked Children's Minister from Waitangi Tribunal summons

The Court of Appeal has overturned a High Court decision which blocked a summons order from the Waitangi Tribunal for Children's Minister Karen Chhour.

The court released its decision on Monday.

At the same time, a bill proposing the repeal of section 7AA from the Oranga Tamariki Act has been introduced to Parliament, meaning the Tribunal no longer has jurisdiction over the case.

In its ruling, the court acknowledged the importance of the Waitangi Tribunal's role in inquiry into legislation that is inconsistent with the principles of the Treaty of Waitangi and that the minister had relevant evidence to give to the Tribunal.

It disagreed with the High Court's ruling that the principle of comity, or legal reciprocity, applied to the Tribunal.

 

Treaty Negotiations Minister Paul Goldsmith provides perhaps the most candid admission of what this government has been doing. When the coalition introduced legislation to override a 2023 Court of Appeal decision that had lowered the test for Māori customary marine title, and then pressed ahead with even harsher restrictions after winning in the Supreme Court, Goldsmith himself acknowledged: “It’s not a desirable situation, obviously we thought long and hard about this, it’s very unusual for the government to overturn court decisions in this way.”

Goldsmith was right that it is unusual. But unfortunately the unusual aspect did not give him or the Government pause for thought.

The Marine and Coastal Area amendment is especially egregious because the government actually won its Supreme Court appeal in December 2024. Any principled administration would have accepted that outcome as a vindication of its position and governed accordingly. Instead, Goldsmith declared the win insufficient and pressed ahead with legislation that goes further than even the court’s revised test, applying retrospectively to July 2024 and voiding customary marine title orders that had already been lawfully granted.

Communities that had spent decades navigating the courts to have their rights recognised were told, in effect, that those rights were cancelled by executive fiat.

On 11 August 2025, The Spinoff reported:

 

Why the government is changing the Marine and Coastal Area Act

In 2023, the Court of Appeal was asked to interpret the test for the recognition of customary marine title. The terms “exclusive occupation”, “in accordance with tikanga” and “without substantial interruption”, for example, all needed to be interpreted by the Court to make it clear exactly what they meant in practice. What if, for example, two iwi had control of an area according to their tikanga, which allowed each of those iwi to access that area, but excluded all others? Would that count as exclusive occupation under the law?

The Court of Appeal decision in 2023 clarified the relevant tests, but the government disagreed with the result. Normally when that occurs, the losing side can appeal the decision to the Supreme Court. That’s what happened in this case, but rather than wait for the Supreme Court’s decision, in 2024 the government introduced the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill. The bill was specifically designed to overrule the Court of Appeal decision. 

Chris Bishop and Todd McClay have similarly deployed the legislative sledgehammer against the judiciary in the freshwater sphere. When the High Court ruled in March 2024 that a Canterbury irrigation company could not obtain a discharge consent because it would cause ongoing significant adverse effects on aquatic life, a ruling that faithfully applied section 107 of the Resource Management Act as it had existed, unamended, since 1991, the government’s response was to amend section 107 through the Resource Management (Freshwater and Other Matters) Amendment Act, passed in October 2024.

The entire point of the amendment was to make lawful what the High Court had found unlawful, an unconstitutional overreach usually only found in authoritarian dictatorships.

Associate Justice Minister Nicole McKee performed the same manoeuvre in the criminal sphere, reinstating the three-strikes sentencing regime that the Supreme Court had found produced outcomes in breach of the New Zealand Bill of Rights Act’s prohibition on disproportionately severe punishment.

What each of these instances shares is a structural contempt for the separation of powers. The executive and legislative branches of government aren’t constitutionally entitled to be insulated from judicial scrutiny of their conduct. Courts and the Waitangi Tribunal exist precisely to hold the Crown to account where its actions exceed lawful bounds or breach Treaty obligations.

When a government responds to adverse findings not by modifying its conduct but by changing the law to permit the conduct that courts have found impermissible, it isn’t exercising democratic authority. It is converting Parliament into an instrument for laundering executive lawlessness.

Social Development Minister Louise Upston pursued the same logic when, following a High Court ruling that the Ministry of Social Development had been acting unlawfully in clawing back supplementary assistance payments from ACC recipients, the government simply amended the Social Security Act to retrospectively authorise the very conduct the court had struck down. The injured and the disabled, people who had won a ruling protecting them from an unlawful government practice, found that their victory had been voided before they could act on it.

 

On 17 February 2026, RNZ reported:

Incoming law change so MSD can claw back welfare payments off ACC clients

The government has introduced legislation so the welfare system can legally claw back payments when someone has been backpaid for an ACC claim.

Social Development and Employment Minister Louise Upston moved a motion of urgency to introduce the Social Security (Accident Compensation and Calculation of Weekly Income) Amendment Bill shortly after 7.30pm.

It comes after a significant High Court ruling against the Ministry of Social Development (MSD) on the recovery of welfare payments late last year.

The ruling said MSD couldn't require people to pay back supplementary assistance they'd received (like accommodation supplements and winter energy payments) once they had been paid back-dated compensation from Accident Compensation Corporation (ACC).

 

One could perhaps extend some limited tolerance to a government that occasionally, under genuine duress and with transparent acknowledgement of the constitutional tension involved, found it necessary to override a court finding of narrow legal scope. New Zealand’s constitutional arrangements do permit Parliament to legislate in ways that courts cannot override.

But this government has not been doing this reluctantly, narrowly, or transparently. It has been doing it reflexively, broadly, and without any genuine grappling with the rule-of-law implications or the implications to other established legislation. It has treated the courts, the Waitangi Tribunal, and the Bill of Rights Act as obstacles to be circumnavigated rather than as structural elements of the constitutional order it is supposed to uphold.

The cumulative record is damning. Over the course of little more than two years, the Luxon coalition has timed legislation to kill tribunal hearings mid-inquiry; introduced bills the day after losing in court; overridden the first-ever judicial enforcement of three decades of freshwater protection law; retroactively voided customary rights that had been lawfully recognised; reinstated a sentencing regime found to breach fundamental human rights guarantees; and legislated away a High Court ruling protecting sick and injured New Zealanders from unlawful government debt recovery.

Christopher Luxon has said very little about any of this. He isn’t required to say much when the ministers responsible, Reti, Chhour, Goldsmith, McKee, Bishop, McClay, Upston, are each individually insulated by the pretence that they are merely implementing coalition commitments.
But the pattern of conduct belongs to the government as a whole, and the Prime Minister bears responsibility for the constitutional culture he has allowed, and actively encouraged, to take hold.

A government that treats the courts as an inconvenience to be legislated around isn’t a government committed to the rule of law. It is a government that has decided its electoral programme outranks the legal and constitutional framework within which all New Zealand governments are supposed to operate. 

Those decisions, made quietly and without fanfare, across a dozen separate legislative acts, deserves to be named for what they are: a sustained and deliberate assault on the constitutional conventions that protect every New Zealander from the unchecked exercise of executive power.

The courts can be overridden. Tribunals can be sidelined. Bills of Rights can be disregarded. What cannot so easily be recovered, once lost, is the principle that no government in New Zealand is above the law, including, and especially, this one.

# Date	What was overridden	Minister responsible	How
1 Feb–Mar 2024	Waitangi Tribunal hearing (Māori Health Authority)	Shane Reti	Rushed legislation through Parliament before the Tribunal could issue its report.
2 May 2024	Court of Appeal ruling (Tribunal can summons Ministers)	Karen Chhour	Introduced s7AA repeal bill the next day, directly mooting the Court of Appeal ruling.
3 May 2024	Waitangi Tribunal Treaty breach finding (s7AA)	Karen Chhour	Introduced the bill the same day as the ruling and passed it into law in April 2025.
4 May–Jul 2024	Waitangi Tribunal Treaty breach finding (Māori Wards)	Simeon Brown	Passed the legislation regardless of the Tribunal’s Treaty breach finding.
5 Jul–Dec 2024	Court of Appeal 2023 & Supreme Court win (MACA)	Paul Goldsmith	Advanced legislation that exceeded both court rulings and applied it retrospectively.
6 Oct 2024	High Court (RMA s107 freshwater pollution)	Penny Simmonds	Reversed the first-ever s107 enforcement action through new legislation.
7 Oct 2024	Environment Court rulings (RMA s70 farm runoff)	Penny Simmonds	Amended s70 to permit farm discharges into already degraded waterways.
8 Dec 2024	Supreme Court (three strikes = Bill of Rights breach)	Nicole McKee	Reinstated three strikes law with only minor modifications despite the ruling.
9 May 2025	Waitangi Tribunal (Regulatory Standards Bill)	David Seymour	Introduced bill days after Tribunal report despite urgent Māori consultation call; enacted November 2025.
10 2025–2026	Supreme Court (PSGE subject to Māori Land Court)	Tama Potaka	Proposed bill allowing post-settlement entities to opt out of Māori Land Court oversight.
11 Feb 2026	High Court (MSD can't claw back ACC supplementary payments)	Louise Upston	Legislated to allow clawback of ACC payments exactly as ruled unlawful by the High Court.
12 Feb 2026	Supreme Court (Uber drivers are employees)	Brooke van Velden	Added a gateway test to the Employment Relations Act to prospectively block employee challenges.