The Labour Party report into a sexual assault allegation levelled against a staffer has found "insufficient evidence that the events occurred".
The report by QC Maria Dew into the allegations against the Labour Party staffer looked into a sexual assault allegation, sexual harassment allegations and bullying allegations.
The alleged sexual assault was said to have happened in February last year, "however, there is insufficient evidence that the events occurred," Ms Dew wrote.
She said the complainant’s evidence "was incorrect in several critical respects in relation to the events of that evening".
It also says the pair were in a "consensual personal relationship for some eight months" earlier, determined as there were more than 28,000 Facebook and text messages between them. This meant the NZ Labour Party Code of Conduct and Harassment policies "do not govern their personal relationship".
The report found there were not documents detailing a sexual assault allegation in emails sent on March 9 to Labour’s investigating committee member Simon Mitchell and the assistant general secretary Dianna Lacy.
The allegations of sexual harassment by three complainants, including the sexual assault complainant, were also not "established", Ms Dew said.
Five separate complaints of "overbearing and aggressive conduct" found the staffer’s behaviour to be "unreasonable and offensive".
Other allegations of dominating or aggressive behaviour were not established in the report. It was either "too generalised to make a finding or where it was sufficiently detailed, the events outlined did not appear objectively unreasonable". The conduct did not meet the threshold for unlawful bullying.
The report found the former staffer's overall conduct "does warrant a non-disciplinary caution and remedial action" in relation to the five complaints of overbearing and aggressive conduct.
Ms Dew recommended a cautioning letter by the Labour Party to the respondent, stating the behaviour did not meet expectations of "courtesy and respect" towards other members. She also recommended the respondent write an apology to the complaints of overbearing and aggressive conduct and the party offer those people a restorative meeting process.
Background
Earlier this year, Labour began investigating after complaints were made against a staffer. An investigation panel was set up by Labour's highest governing body, the NZ Council. Three months later, the staffer was cleared.
In August, the Prime Minister ordered a review by a QC after complaints about how the the process was carried out.
On September 9, a woman claimed she raised a sexual assault allegation with the investigation.
On September 11, Labour's former president Nigel Haworth resigned over the party's handling of the allegations.
A day later, the staffer at the centre of the allegations resigned.
In a statement sent to media, the staffer said: "I adamantly refute the serious allegations made against me."
One of the members of the Labour Party’s investigation panel disputed claims he was aware of a sexual assault allegation during the inquiry into a Labour staffer, saying at no time did the complainant make any reference to it.
In a statement sent by his lawyer, Simon Mitchell said that when he met with the complainant on March 9 she read her concerns from a document, but did not provide the panel with a copy of that document.
The Prime Minister maintained she was never told by the party or Mr Haworth that any of the complaints were of a sexual nature.
On September 16, the PM initiated a separate inquiry in addition to the QC report to look solely into whether the party acted appropriately.
Labour's lawyers Kensington Swan are looking at whether the party acted appropriately. They will then establish a statement of facts around the party process and what complaints were received.
An experienced victim advocate was appointed to look at those findings and work with Labour on prevention, training and victim-centred processes.
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