Terror legislation too complex - Collins

MONIQUE FORD/ Whakatane Beacon

ANTI-TERROR: Armed police at a road block near Ruatoki during last month's raids. The Solicitor-General has decided he is unable to charge 12 people who were arrested during the raids under the Terrorism Suppression Act.

MONIQUE FORD/ Whakatane Beacon

ANTI-TERROR: Armed police at a road block near Ruatoki during last month's raids. The Solicitor-General has decided he is unable to charge 12 people who were arrested during the raids under the Terrorism Suppression Act.

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Overly complex legislation in the Terrorism Suppression Act made prosecutions in relation to alleged weapons training camps extremely difficult, the Solicitor General said today.
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David Collins QC said he was satisfied police had good reason to investigate activities alleged to have been taking place in the Ureweras, but charges did not fit the Act's legislation.

"In examining the relevant provisions of the Terrorism Suppression Act, I have concluded the legislation is unnecessarily complex, incoherent, and, as a result, almost impossible to apply to the domestic circumstances observed by the police in this case," he said.

Dr Collins said there was insufficient evidence to establish "to the very high standard required that a group or entity was planning or preparing to commit a terrorist act as that term is defined in the legislation".

The legislation was "extremely complex, very, very tortuous in the way in which it is put together and almost impossible to apply in a coherent manner".

He said it was not his job to criticise the piecing together of the Act, but recommended it be referred to the Law Commission for it to determine whether it not it should be completely reviewed.

At a press conference in Wellington, Dr Collins dismissed any suggestions that his decision could be seen as being critical of police.

"Nothing could be further from the truth. In my view the commissioner and his officers have acted entirely appropriately in referring the evidence to me.

"I also wish to stress that the police have brought to an end what were very disturbing activities.

"That the police did so without a single shot being fired, injury or loss of life is a tremendous reflection on the professionalism and the integrity of the New Zealand police."

He said charges could still be considered if police presented new evidence.

Police Commissioner Howard Broad said police were disappointed at the decision, but that the Solicitor General's endorsement was significant.

He also said police regretted any trauma suffered by innocent people as a result of investigations.

Mr Broad said police were secure in the knowledge they had acted to intervene in an activity they considered put public safety at risk and it was "unfortunate but unavoidable" that the term "terrorist" had become associated with the case.

Nevertheless, he said that the Ruatoki valley was the epicentre of military-style training camps was a geographical fact not of police's making.

While police investigations there were legitimate, there were "deep concerns" at the impact the operation had on the people in the Ruatoki valley and those connected to Tuhoe.

"We clearly appreciate that people were caught up in the termination of the operation who were innocent.

"We regret the hurt and stress caused to the community of Ruatoki and we will seek an appropriate way to repair the damage done to police/Maori relations.

"Now is not the time to issue a general apology," Mr Broad said.

"On the one hand it would be seen as a glib attempt to make the hurt go away. On the other it would be a great disservice to many of my staff who had the safety of all people uppermost in their minds during the police operations ... "

NZPA