The Prime Minister says the facts surrounding Kiri Allan's late-night car crash and subsequent arrest were initially "contested" and he received "conflicting messages" about what had happened with his then-Justice Minister.
He said there were suggestions on Sunday night that Allan had said she wasn't driving the vehicle that crashed, but now that she had been charged, she wasn't contesting she was in the driver's seat.
Chris Hipkins told reporters on Monday morning that he was alerted by his Chief of Staff at about 10pm on Sunday night that Allan had been taken into police custody. The Police Commissioner also rang the Police Minister, who then attempted to contact Hipkins.
Allan had been involved in a car crash on Evans Bay Parade in Wellington shortly after 9pm and was taken to the Wellington Central Police Station before being released at about 1am.
She was charged with careless use of a motor vehicle and refusing to accompany a police officer, and will appear in court at a later date. Allan was also issued an infringement notice for excess breath alcohol between 250 and 400mcg.
"While her actions are inexcusable, I was given information that she was experiencing extreme emotional distress at the time of the incident," Hipkins said.
"My initial concerns last night were for her immediate safety and well-being. It appears that some of her personal struggles came to a head yesterday and were contributing factors in this incident."
He said he spoke with Allan early on Monday morning and advised her that he didn't believe she was fit to hold a ministerial warrant. She "expressed remorse" and had already sent a message saying she intended to resign.
Allan is now heading back home to consider her political future, Hipkins said.
The Prime Minister said when he learnt of the incident, the "facts weren't particularly clear"
"They have become clearer this morning. What had happened was contested and now we have got clarity around that."
Asked what was contested on Sunday night, Hipkins said: "The facts were simply not clear as to exactly what had happened."
"It wasn't clear whether she had been the one who was driving, exactly what had happened, and I didn't get clarity on that until this morning."
He was asked if Allan had said she wasn't driving initially.
"The problem was that I couldn't speak to her directly last night, but there was some suggestion that she might have said that she wasn't driving. Of course, I couldn't verify any of that because I couldn't speak to her. Until I actually knew what had happened, and had it verified by the police and ultimately verified by her, I wasn't in a position to form any judgement on that."
Hipkins said he had received "conflicting messages" and didn't have enough "robust information" to release a statement at the time.
Now that she has been charged, Hipkins said Allan has not contested that she was driving.
It was his understanding that she was alone, but "I am not in a position to verify any of the facts".
Hipkins said what wasn't being contested by anyone was that "she was in a very distressed state".
He couldn't say where Allan was driving or where she was coming from. He also directed several questions to police, such as about why she refused to accompany a police officer or whether Allan left the scene before being arrested.
The Prime Minister made repeated mentions of Allan's poor mental health.
Allan took mental health leave from Parliament last month, but was back at work last week, including to make an announcement on a new ram raid offence.
"After taking some time out she told me she was ready to return to work," Hipkins said.
"Those who saw her last week in the House and here in the theatrette launching a ram raid policy would have observed her at the top of her game. Last night's incident, however, is evidence that there are not always quick fixes when it comes to mental health. Things can flip quite quickly and without warning."
Hipkins said he was "very sad for Kiri".
"She's an incredibly talent person who has clearly been battling some demons and has not won that battle… I am gutted for Kiri, I am concerned for her wellbeing."
He said he would later reallocate her portfolios to other ministers. With just five sitting weeks until the election campaign begins, he said it wasn't the right time to bring in new ministers.
"I have absolute confidence that the remaining ministers in the ministry will be able to cover that workload until election day," Hipkins said.
Asked if it was time for a snap election, given the number of ministers he has lost in recent months, Hipkins said the election would still happen on October 14.
In a statement earlier on Monday, Allan said had been facing "a number of personal difficulties" in recent weeks.
"I took time off to address those, and believed I was okay to juggle those challenges with the pressure of being a Minister," she said.
"My actions yesterday show I wasn't okay, and I've let myself and my colleagues down. I accept that my position as a Minister is untenable.
"I'm very sorry for my actions, the harm they could have caused and the embarrassment it has placed on the Government and my colleagues."
