Source: Radio New Zealand
RNZ / REECE BAKER
Hawke’s Bay officers had no legal grounds to pepper spray a man and force entry into his home, the police watchdog has found.
The incident happened in July last year, when seven officers went to arrest the man for breaching bail.
When police arrived at his Flaxmere home, he tried to shut the door on them but was pepper sprayed and they forced their way inside.
The man then barricaded himself in a room and threatened to kill himself with a piece of glass. Later, he was shot with sponge rounds and tasered before police arrested him.
The Independent Police Conduct Authority said the use of pepper spray, and going into the man’s house without a warrant, was unlawful.
But shooting him with sponge rounds and tasering him was justified.
The watchdog has recommended staff training, and that police fix the man’s broken door.
Police have acknowledged the report’s findings.
The report
The Independent Police Conduct Authority [IPCA] launched and investigation into the incident following a complaint from the man’s mother.
It said the man, referred to in the report as Mr Z, had strict bail conditions and was facing several criminal charges including presenting a firearm, assault, and resisting police.
When police arrived to arrest Mr Z at his Flaxmere home shortly after 8pm on 14 July 2024, he denied breaching bail and tried to shut the door on them.
Several of Mr Z’s young children were at home at the time, as were other family members who began filming on their phones, it said.
The tussle with the door broke two glass panels and Mr Z was pepper sprayed in the face before barricading himself in a bedroom.
The officers initially followed him into the house, but then retreated outside and called to him through the bedroom window to surrender.
At this point, the report said Mr Z went to the front door and held a shard of broken glass to his neck and yelled: “You just want me to f****** kill myself!”
The officers called out to him to stop, but when he didn’t, one officer fired a sponge round which hit Mr Z in the groin and he ran back to the bedroom.
The officers followed him into the house, but when they couldn’t get through the bedroom, they broke the bedroom window from the outside due to concerns that Mr Z would seriously harm himself.
Mr Z threw a full can of drink at the officers, striking one on the hip. The officers responded with another sponge round and taser through the window, both of which incapacitated him and he was arrested.
Findings and recommendations
It said the officers mistakenly relied on a section 7 of the Search and Surveillance Act 2012, which allows officers to enter a home without a warrant if they suspect a person is unlawfully at large.
It said because Mr Z was still inside his home, officers did not actually effect an arrest at his door.
“Consequently, police had no power to enter the house without permission and had no legal option other than to withdraw and apply for a warrant.”
The IPCA found the police had unlawfully entered Mr Z’s home, however it said subsequent entries were justified because they believed Mr Z was at immediate risk of self-harm.
Because Mr Z had not been arrested, the report said the use of pepper spray on him at the door was unlawful.
However, it found the officers were justified in shooting Mr Z with sponge rounds and a taser to prevent him from self-harming.
The watchdog said there was a widespread misunderstanding among police of section 7 of the Search and Surveillance Act 2012, and the powers available to them arresting someone for breaching bail.
It recommended written guidance on the scope of the law and further training for frontline staff.
The report also said police should implement a system that allows officers to obtain a warrant outside of court hours and recommended police repair the damage to the door at Mr Z’s mother’s house.
Police response
Police acknowledged the report’s findings and said it was working with staff to understand their obligations.
It said officers had spoken directly with the family and were making arrangements to repair damages.
Acting Assistant Commissioner Keith Borrell said the police would consider the practicality of implementing the IPCA’s other recommendations, in particular, a system for obtaining a warrant outside of the court’s opening hours.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
