INDEPENDENT POLICE CONDUCT AUTHORITY - IPCA
In 2015
we made an online complaint to the IPCA against NZ Police, for not investigating the report we had made alleging abuse of our autistic son and other students by staff and management at Ruru Specialist School.
8/12/14 speak to Constable Jesse Raukawa at the Invercargill Police Station. I was made aware that Jesse previously worked at Ruru School as a teacher aid. Advised Jesse about this matter involving Rovin and his parents. Jesse advised me that she was well aware of Roving while she worked at the school as she spent a lot of time with his. She also stated she was aware of the room in which his parents were referring to. She advised me that on occasions she minded Rovin while he was in this room
If you find the seclusion room to be unlawful then the appropriate action should involve help from the Police for investigation. Please review your decision to look at this matter in the new year.
This school is run by very experienced special needs teachers and has been in existence for decades.
This matter is likely to be debated in other forums if Turnbulls action thus far are an indication.
Receive a phone call from Murray Roberts who is the Ministry of Education regional manager for special education. I advised Murray Roberts that right from the onset I did not believe that this was a matter for the Police to investigate and that it was more suitable for Mr Turnball to raise his concerns with the Ministry. Murray agreed with me.
XY described many incidents of mistreatment of children and was able to give specific examples of assaults by staff of pupils by punching and using a pen as a stabbing object.
XY has a clear recollection of the ‘seclusion room’. XY refers to it as a punishment room. XY is adamant that the room was used on a very frequent basis, on average daily.
In mid-April 2015 Victoria Turnbull called Detective Wyatt inquiring about why the Police did not investigate their 2014 reporting of suspected abuse of children and young people with disabilities at Ruru Specialist School.
By this time the Ministry of Education had completed it’s investigation and our lawyer had sent Ministry of Education South Island Manager, Murray Roberts evidence gathered from 2 ex-staff members. Ex-staff member, XY, did not want name known to Ruru School.
I asked him (Detective Matthew Wyatt) if he had got the XY statement and he asked if that was the ex-teacher and I read him, I read him a big portion of XY notes our lawyer had taken, over the telephone and he asked me, “And the Ministry have that do they?” He said they’ve got that, and I said yes they’ve got that and I was pretty confident after talking to him, thinking that he would seek that out off the Ministry and I couldn’t kind of, couldn’t really believe that the Ministry hadn’t really given that information
TURNBULL outlines to me their solicitor has spoken to an independent person who has witnessed children being put into the safe room at the school and has taken a statement from this person which has been forwarded to the Ministry of Education approximately two weeks ago.
During a meeting with Ministry of Education officials at the end of April 2015, Callum asked Ministry of Education South Island Manager Murray Roberts if he provided Police the XY Interview Notes, taken and sent to him by our lawyer.
It is important to note that the MoE referred to XY statement as new information, however when Terri Johnstone interviewed us in February 2015, we advised her of XY, how we found XY/our association to XY, and specific details of abuse of students reported by XY (subsequently recorded by our lawyer – Notes of Interview between J Eaton and XY dated 1 April 2015).
While I seek instructions, perhaps you could explain what purpose will be achieved if the information was provided, as that may assist in determining whether it is appropriate to provide it – otherwise, it appears to be a fishing expedition.
As it stands there is no clear evidence of either criminal offending or anything that suggests or justifies a Police Investigation. We don’t want to be in a position where we are conducting enquiry after enquiry on the basis that the complainant’s are unsatisfied, it has to be balanced on what information exists to justify further investigation and at this point it does not appear to exist.
As it stands there is no clear evidence of either criminal offending or anything that suggests or justifies a Police Investigation. We don’t want to be in a position where we are conducting enquiry after enquiry on the basis that the complainant’s are unsatisfied, it has to be balanced on what information exists to justify further investigation and at this point it does not appear to exist.
I do not believe that further investigation is required by Police.
I submit this file for review and recommend that it is filed.
This assessment was in conjunction with CYFS and on each occasion the matter did not meet the CPP threshold it clearly sat with issues with the parents/School and ministry to resolve.
In the end I agree that there is no criminality identified in this matter and that it should be filed.
Matter is well documented and the decision making of previous supervisors is sound.
The matters contained herein do not give rise to criminal offending and both police, school and Cyfs concur on the matter filed.
We made the August 2015 IPCA complaint, soon after writing to and receiving a response from then Education Minister, Hekia Parata.
We were advised by senior management of the Ministry of Education, as well as Terri Johnstone, that our allegations of child abuse, the abuse described by XY, and the misuse and deception surrounding the seclusion room at Ruru Specialist School is a criminal matter and therefore should be referred to police and CYFS by us.
The matter you have raised falls within the responsibility of the Ministry of Education. Your letter has been referred to the Ministry of Education
If you are not satisfied with how your complaints have been managed, you can contact the Office of the Ombudsman
If you have evidence of a criminal nature and wish to make a complaint, please provide the information to the Police.
We took the Education Minister’s advice and also made a formal complaint to the Office of the Ombudsman on 22 July 2015.
I have asked Police in Invercargill to contact you and your client accordingly with a view to conciliating the issues.
Under the OPCAT protocol New Zealand has signed up to an International Treaty requiring it to provide assurances about the detention of citizens in differing circumstances.
The Office with responsibility for the care and detention of children is the Office of the Commissioner for Children. If your clients and you give me permission I will bring this matter to the attention of the Commissioner for his action under the Treaty.
There is a wider and serious issue about the legality of the detention and treatment of vulnerable New Zealanders, particularly those who cannot make such decisions for themselves. In the case of your client again that responsibility rest with the Commissioner for Children.
The Authority has referred the matter of Police investigation back to the Police as it is considered that your complaint may be able to be resolved by way of mutual agreement between you and the Police
We would like to reiterate, D. Wyatt told us the Police would not be investigating. Both CYFS site manager and D. Wyatt have confirmed they did not talk with any other people.
On 14 October 2015 Turnbulls receive an email advising Senior Sergeant Shona Low – Southern Police was confirmed as the investigating officer regarding our IPCA complaint against Southern Police.
In explanation for not interviewing the van driver, he (Detective Wyatt) states that he had been spoken to by the person who conducted the report through the MOE. He states the driver was prone to telling stories and was not a credible person. Detective Wyatt states that if they had interviewed the van driver, we would have had to interview the teachers.
That person stated the driver was prone to telling stories and was not a credible person. This did not stack up as the Ministry of Education investigation came months after our complaint to Police.
Tomorrow, 1 year will have passed, since my son was dropped off at home by school bus, distressed and bruised, having allegedly been assaulted by a Ruru Specialist School staff member. This incident has never been investigated, by school, BOT, CYF, Police, or MoE, and that is disgraceful. As I explained to Shona Low this morning, we have been very patient.
Speak to Cyn Fairley who will speak with the van driver
In November we received the Police file under OIA request. We then, send by email, concerns we had about information on file, to Senior Sergeant Shona Low
To our knowledge there had not been a Police enquiry and Police were not responding to our attempts to provide information.
We have very little confidence left in conciliation with Police.
With regards to the information we have provided you specific to the allegations of abuse of our son and other students, by school management and staff, you were clear the information was not sufficient to warrant Police investigation, with Inspector Steele going as far as saying that there would never be a prosecution.
Your complaint will serve to remind the Police that our performance is constantly assessed by the public and there is always a need to ensure members of the public are treated courteously, professionally and in accordance with established protocols.
In relation to the van incident Senior Sergeant Low forms the opinion that the Police failed to investigate this matter sufficiently. A further investigation has been completed into this allegation which determined that no offence has been committed.
In 2016...
The 2016-2017 Police investigation was flawed because of Christine Menzies involvement and actions.
In relation to Ms Menzies: You have also raised concerns that the Police investigation was flawed. We cannot address the concerns about Police processes as that is a matter for Police. Any further concerns regarding the Police investigation should be raised directly with Police.
New Zealand Legislation Crimes Act 1961 – 111 False statements or declarations
On the 8 November 2023 we made a formal complaint to the Independent Police Conduct Authority (IPCA), against Detective Inspector Shona Low for her handling of our Police complaint against Christine Menzies.
She (Christine Menzies) said she complied with the Ministry’s internal protocols and took advice in accordance with those protocols in deciding what should be given to Police.
It was obvious to us internal protocol of this nature did not exist.
The official information confirms there was no ‘internal protocol’ that would allow Ministry staff to pick and choose what Ministry documents should be given to Police
Your complaint remains closed and the Authority will not respond to further correspondence.
..MoE internal protocols ‘relied on by Ms Menzies’ and ‘reviewed’ by the IPCA Case Resolution Panel, do not exist.
Christine Menzies withheld information from Police with the intention of misleading the 2016-2017 investigation into allegations of abuse of vulnerable children and young people. The reasons she gave Police are deceptive and have all been rebutted by evidence provided to Police and IPCA.
Your complaint remains closed and the Authority will not respond to further correspondence about this matter.
The Authority has either fabricated evidence or accepted fabricated evidence (after being informed) and rejected actual evidence and is therefore complicit in the cover-up.
