Police Commissioner Andrew Coster has also now addressed the conversation Mr Nash and he shared in 2021, saying the then tourism minister Nash was "venting" his frustration at a person’s sentencing. Mr Coster said he did not view it as a request by the Napier MP to intervene in the case.
"I regarded the phone call as a venting of that frustration, and nothing more," Mr Coster said in a statement.
"I felt this was a rhetorical question, not a request, and I did not take any action following the phone call.
"I cannot recall any other details about the case referenced."
Mr Nash, speaking on Newstalk ZB yesterday morning, referenced the conversation with Mr Coster while talking about the need for appropriate punishments for offenders.
He was not police minister at the time of the conversation.
"I’ve seen a couple of judgements, and actually one I phoned up the Police Commissioner and said ‘surely you’re going to appeal this?’," Mr Nash said.
"I was wandering around telling everyone ‘if you have an illegal firearm, you could face five years in jail’.
"This bloke didn’t have a licence, had illegal firearms, had illegal ammunition and had guns without a licence and he got home detention.
"I think that was a terrible decision by the judge."
Mr Nash then sent a message to the judiciary, saying judges needed to "read the room" on crime.
Confronted by reporters, Mr Nash defended his comments and said he believed he had done nothing wrong.
Prime Minister Chris Hipkins yesterday said shortly after Mr Nash defended his position he contacted him to offer his resignation — something Mr Hipkins said he would have asked for had Mr Nash not offered it.
Mr Hipkins said Mr Nash assured him he had no connection to the 2021 case or anyone involved, and also promised it was the only occasion he had spoken to Mr Coster in that manner.
"Nevertheless, it’s my view Minister Nash’s action in contacting the commissioner in relation to a possible appeal was unwise," Mr Hipkins said.
"It is also my view that his comments, both at the time on the judiciary and subsequently in defending his actions are inappropriate and represent an error of judgement."
Mr Hipkins confirmed Mr Nash had breached the Cabinet manual, which governs how ministers act, in multiple ways — by not exercising a professional approach or good judgement in interaction with officials and by commenting on and involving himself in the results of particular cases.
"The minister has reflected on his actions and agrees it is no longer tenable for him to hold the police portfolio," Mr Hipkins said.
"As such, Minister Nash has offered me his resignation from the police portfolio, effective immediately. I have advised the Governor-General to accept it and she has done so."
Dr Megan Woods will be the acting minister of police for the time being and Mr Nash will continue as minister for fisheries, economic development, forestry and one of the ministers responsible for the cyclone response.
Of particular concern for Mr Hipkins was Mr Nash’s lack of understanding about the independence of police and courts.
"Those, in my view, mean that he should not continue as minister of police. I believe that that is a proportionate response to the error of judgement that Stuart has shown."
Mr Hipkins was not aware of the incident when he appointed Mr Nash to the role.
Mr Coster had reportedly said Mr Nash’s involvement in the 2021 case had "no bearing on the commissioner’s decisions or police decisions", Mr Hipkins said.
The New Zealand Law Society’s criminal law committee convener Chris Macklin said interference by ministers into police operational matters with respect to the legal system was a "serious breach" of the Cabinet Manual and the Policing Act.
"The ability for police to undertake their duties and responsibilities independent of government is critical to ensuring the public have trust and confidence in police decision-making and the rule of law."
By Adam Pearse
