Prime Minister Jacinda Ardern says she won't remove Wally Haumaha as Deputy Police Commissioner despite a damning IPCA report.
Addressing media on Thursday, Ms Ardern said she was "very disappointed" at the findings of the report, however it didn't meet the threshold to remove him.
The Prime Minister said she had received "very clear" legal advice from the Solicitor-General over what actions she could take.
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"Whilst the IPCA has found inappropriate behaviour, there has not been a clear threshold met for the removal of Mr Haumaha," she says.
"I have to follow the advice I have been given to me."
However she says she has made her expectations "very clear" and it was up to DC Haumaha if he wanted to resign.
"I am very disappointed at the finding of the IPCA report which shows Mr Haumaha has in some cases acted inappropriately and unprofessionally," she says.
Ms Ardern says she has sought an assurance from the Police Minister that the Commissioner of Police will follow up on the issues raised in the report.
"I expect the standard to be lifted and I expect the Commissioner of Police to do that."
The report, released on Thursday, found his behaviour was "inappropriate and unprofessional" and "unnecessarily autocratic".
"He exhibited intimidating and humiliating behaviour," the report states.
"DC Haumaha showed a lack of judgement in expecting an autocratic management style to get the best from an inter-agency team."
National leader Simon Bridges has called it a "damning report" and says Ms Ardern needs to take responsibility.
"It was Prime Minister Jacinda Ardern who appointed Wally Haumaha. She now has to take responsibility and dismiss the man that she appointed to one of the most senior and powerful roles in the country," he says.
"It would be unconscionable for Mr Haumaha to stay in this constitutionally important role given the seriousness of the IPCA findings."