Cabinet Minister Clare current looks to have fallen foul of the Cabinet Manual for the second time this month, with a tweet that appears to simultaneously question the Police's decision not to prosecute as well as imply that they were somehow involved in a conspiracy.
Section 4.14 of the Cabinet Manual is a hugely important one, in that it prohibits Ministers from commenting on, or involving themselves in Police investigations or the decision on whether or not to prosecute someone. As far as I'm aware, that prohibition extends to decisions that have been made, as it's entirely possible for Police to reopen an investigation, or revisit a decision to prosecute and as such, any comment made by a Minister on a previous decision, could be seen as an act of political interference in an operational matter for the police.
Regardless of whatever your personal viewpoint on whether Todd Barclay should have been charged or not, one of the most fundamental rules of government in New Zealand is that politicians do not seek to influence or interfere with the operational work of Police. As an example of that, Prime Minister Jacinda Ardern followed the Cabinet Manual correctly when asked about the decision of Police not to prosecute anyone over the collapse of the CTV building in the 22 February 2011 Christchurch earthquake.
Despite emotions running very high, and many people, including the families of those who died in the tragedy, being angered by that decision, Ardern correctly said that she couldn't comment on the prosecution decision due to it being an operational matter.
As former Beehive advisor Hamish Price tweeted last night, the Cabinet Manual acts as a check on the formidable powers of Ministers and government to not unduly influence the operations of the Police. Commenting, critiquing, and insinuating as Curran has done risks turning the police from non-partisan arbiters of the law, to enforces of political whims. Doubly so in this case given that the subject of the Police decision is a former politician from the opposite side of the House to Curran.
Combined with her previous minor breach of the Cabinet Manual, as well as a generally incompetent performance in the House fronting up about her portfolios in Question Time, which has seen her not once, but twice, hidden away from scrutiny from the opposition, Clare Curran's time in the Ardern Ministry appears to be on its final countdown.
It will be telling to see how Jacinda Ardern responds to this, and whether she's able to match all her rhetoric of integrity and doing things differently by sacking Curran, or whether she'll gamble that this breach gets swept under the holiday carpet.
As an interesting post-script, Green Party Minister Julie Anne Genter also briefly seemed to run foul of the Cabinet Manual too, as she tweeted her criticism of Police for raiding, and destroying $16,000 worth of hemp (for which the Police were apologising for). Unlike Curran, Genter appears to have realised her mistake very quickly, and deleted the tweet within a minute.