Police seized work and personal phones of press secretary Michael Forbes while investigating complaints

Police investigating a report from the manager of a Wellington brothel on July 12 2024, relating to audio recordings of sex workers obtained a search warrant to seize two phones for examination.

Those phones - one personal and the other a government-issued device - belonged to Michael Forbes, the Prime Minister's former deputy chief press secretary.

Forbes, a former journalist, recorded audio of multiple sessions with Wellington sex workers, and amassed a gallery of women working out at the gym, shopping, and being filmed through a window getting ready to go out.

In a statement to RNZ on Thursday evening, Wellington District Manager Criminal Investigations Detective Inspector John Van Den Heuvel said that, "on examining the phones, Police also found a number of photos and video of women in public spaces, and what appears to be women in private addresses, taken from a distance away.

"Police considered the available evidence and concluded it did not meet the requirements for criminality, and therefore charges could not be filed.

"The individual concerned voluntarily spoke with Police and admitted to taking the images and recordings. He was reminded of the inappropriateness of his behaviour and encouraged to seek help."

Forbes also deleted the images in the presence of Police.

"Police acknowledge this man's behaviour was extremely distressing for the women involved and would like to reassure them that any new information will be thoroughly considered.

"Based on the initial report and available evidence to date, Police are unable to progress the matter further."

Van Den Heuvel said that any new information regarding Forbes would be "thoroughly considered".

Law needs to change

One of the sex workers who was recorded, Zara (not her real name) and another sex worker Fern (not her real name) released a joint statement to RNZ on Thursday.

"The law urgently needs to catch up with the digital age. Covertly recording intimate encounters without consent is a form of sexual violence, yet current legislation fails to adequately protect victims - especially sex workers and those who identify as women.

"We should be safe in public without images being captured of our bodies unbeknownst to us. Power imbalances across the board leave the potential for us to [be] exploited, unheard, and unprotected. It's time for real legal reform that centres consent, safety, and accountability."

It comes after the madam of the brothel where Forbes recorded audio of a sex worker, told RNZ she wants something to be done about privacy laws when it comes to recording people without their knowledge.

"This is an issue for all women, women are being recorded, photographed, filmed without their consent or knowledge and heaven only knows where it's ending up. This is the main issue and that's what needs to be focused on."

When asked why police did not alert the Department of Internal Affairs after executing a search warrant on a government-issued phone, the department said: "We are still gathering facts and will look into all of this as part of our deep dive."

The DIA said all Ministerial Services staff are subject to standard pre-employment checks when they are first employed.

These include reference checks, serious misconduct checks and a criminal conviciton check. In addition, security clearances are required for some positions in Minister's offices.

The department says these checks were completed when Forbes was first employed by Ministerial Services and were not required for the later temporary assignment to the Prime Minister's office.

"We acknowledge staff may be unsettled or feel their safety may have been compromised. We are committed to supporting our people and ensuring they feel, and are, safe at work."

Prime Minister reacts

Prime Minister Christopher Luxon said the incidents, that were investigated by police but didn't lead to any charges, occurred after he was vetted to work for Social Development Minister Louise Upston.

"He has an obligation to actually declare those issues or those incidents to us, that didn't happen which is why his employment would have been terminated obviously.

"But there is a good question about making sure, and I have asked specifically for DIA (The Department of Internal Affairs) to look at vetting processes," Luxon said in a media conference at Parliament on Thursday morning.

He added that the expectation was on Forbes to have raised the incidents with the Prime Minister's office "because it impacts the office and the reputation of the office, for obvious reasons, but that didn't happen".

Luxon said DIA had kicked off a "deep dive into seeing what further actions are needed to actually strengthen our processes."

Forbes moved from Upston's office to the Prime Minister's in February this year and "had the vetting that he needed to come into the Beehive".

"We will look at that to make sure that there's anything else we could have done differently in that vetting."

The Prime Minister wouldn't discuss what level of security clearance Forbes had in the Beehive.

Luxon also had questions about whether the investigation should have been elevated by police to the Beehive.

'We have to take this incident and understand what has happened here and how it happened, and what more can we do about it.

"I think it's a legitimate question to say what can we look at between the inter-agency processes, between the different agencies, whether it's police, whether it's the SIS or whether it's ministerial services."

The Prime Minister was open to looking at privacy laws after a call for a law change by the madam of the brothel at the centre of the accusations against Forbes.

"I'm open to looking at our settings, again as we go through this experience, we have a series of laws whether it's the harmful digital bill, whether it's the privacy laws, or now new stalking laws, but we're open to looking at that further as well."

"I think many Kiwis will be incredibly concerned with this issue, as I am too."

Luxon said he spoke to a number of women on Wednesday who work closely with Forbes and he said "understandably there's anger, it's distressing".

Luxon said he understood it was a private phone, not a government issued one, that was used to capture the recordings and photos.

Police commissioner Richard Chambers said he was first made aware of the issue late on Tuesday afternoon after a media inquiry.

"I immediately contacted the Department of Prime Minister and Cabinet and subsequently informed the Police Minister under the no-surprises practise."

It was raised with the police executive in July 2024, during the investigation into the complaint. It was not brought to the attention of Ministers or Ministerial Services at the time.

"It is up to the commissioner of the day (Andrew Coster) to decide what to elevate by way of the no surprises convention.

"Those decisions are made on a case-by-case basis. It would be wrong for me to comment on decisions made by the then-executive because I do not know the information they were based on, or the reasons for those decisions.

"In situations such as this, it should also be considered whether there is an obligation on an individual to raise any issues that might be relevant to their employment with their employer or prospective employer," he said.

"Decisions around the handling of the investigation and questions about whether it should be re-visited are for Wellington District police to consider. I have absolute faith in them to do that."

In a press conference, Chambers also said there would be different circumstances or reasons as to why a matter may or may not be elevated.

"It is not the failure of my organisation at all. I think there are a number of responsibilities here on individuals to alert matters which they should understand could be problematic, in terms of prospective employment."

Chamber's predecessor as Commissioner, Andrew Coster, said he had only learned of the investigation into Forbes through media reports.

"I learned of this situation through the media in the last 24 hours. As I no longer have access to information about Police's processes I am unable to comment further," Coster said.

That statement was put to Chambers, who said executive members know their responsibilities.

"It is important that police executive members alert their Commissioner to matters that may need consideration."

'You need to give me your pin number'

The madam of the Wellington brothel, which RNZ has agreed to not name, said she was at the brothel when a sex worker came out of a room and alleged Forbes was recording audio and showed her his phone.

The madam went into the room while Forbes was in the shower and confronted him.

"I said you were recording, have you done this before and he said 'uhuh'. I said you need to give me your pin number.

"I went through his phone and I instantly found recordings that were named."

She said she told Forbes she needed to keep his phone and he left. She then gave the phone to police.

The madam said Forbes had "many recordings on his phone of sex workers".

She knew of some of the women who had been recorded.

"Those who needed to know found out they had been recorded," she says.

The women were shocked, she said.

It had been a "balancing act" for the women involved.

"It's really tricky for sex workers to do things, sometimes because shit can come down on them. In a boys club like the one Michael Forbes is in who knows what the fallout could be. We are decriminalised, it's a legal business, there's a lot of discrimination against us, insurance companies banks and that."

The women who had seen Forbes said he appeared "relatively respectful," the madam said.

Forbes has offered an apology for the harm his actions caused to women.

"I want to offer my sincerest apologies to the women I have harmed," he said in a statement.

"In the past, I was in a downward spiral due to unresolved trauma and stress, and when confronted with the impacts of my behaviour a year ago, I sought professional help, which is something I wish I had done much earlier.

"What I failed to do then was make a genuine attempt to apologise. Instead, I tried to move on without offering those I had harmed the acknowledgement, accountability, or amends they deserved. I recognise how wrong that was."

Forbes said he spent the past year "reflecting on how I may have affected these women's sense of safety and ability to go about their lives and work".

"No one should ever feel violated, unsafe, or disrespected, especially in spaces where they should feel secure, and I am truly sorry for contributing to an environment where women may have felt otherwise," he said.

"The therapy I've received over the past year has helped me to understand the roots of my behaviour and begin addressing the patterns that led to it. This is a long-term commitment to change that I take very seriously.

"I understand that my past actions may have undermined the trust people place in me. So, I have resigned from my job to focus on the work I need to do."

RNZ asked Forbes on Wednesday evening if there was anything in the reporting he disputed or disagreed with.

He replied "not really". But believed it was likely some of the photos were consensual ones of his partner.

Asked for comment on Thursday morning about the comments from the madam of the brothel. He declined to comment further.

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