Police Watchdog Rules Unlawful Entry & Pepper Spray in Hawke's Bay Arrest, Citing Law Misunderstanding

Watchdog Finds Police Unlawfully Entered Hawke's Bay Home, Pepper Sprayed Man

A recent investigation by New Zealand's Independent Police Conduct Authority (IPCA) has revealed that Hawke's Bay officers acted unlawfully when they pepper sprayed a man and forced their way into his Flaxmere home during an arrest attempt in July last year. While the initial entry and use of pepper spray were deemed illegal, subsequent actions involving sponge rounds and a taser to prevent self-harm were found to be justified.

The Incident Unfolds

The event began when seven officers arrived at the Flaxmere residence of a man, referred to as Mr. Z, to arrest him for breaching bail. Mr. Z, who was facing serious charges including presenting a firearm and assault, attempted to close the door on the officers, denying any bail breach. According to the IPCA report, several of Mr. Z's young children and other family members were present and began filming the altercation.

During the struggle at the door, two glass panels were broken. Officers then pepper-sprayed Mr. Z in the face before he retreated and barricaded himself in a bedroom. The police initially followed him inside but then withdrew, attempting to negotiate his surrender from outside through the bedroom window.

At a critical point, Mr. Z emerged at the front door, holding a shard of broken glass to his neck and threatening self-harm. Despite officers' pleas to stop, he continued, leading an officer to fire a sponge round, striking Mr. Z in the groin. He then retreated to the bedroom. Concerned for his safety, officers broke the bedroom window from the outside. Mr. Z responded by throwing a full can of drink, hitting an officer. Police then deployed another sponge round and a taser through the window, incapacitating and arresting him.

IPCA's Findings and Legal Basis

The IPCA's investigation, initiated after a complaint from Mr. Z's mother, found that the officers mistakenly relied on Section 7 of the Search and Surveillance Act 2012. This section permits warrantless entry if officers suspect a person is unlawfully at large. However, as Mr. Z was still within his own home and the arrest had not yet been effected at the door, the IPCA concluded that police had no legal authority to enter without permission or a warrant.

“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 report stated. Therefore, the initial forced entry and the use of pepper spray were ruled unlawful. However, the IPCA acknowledged that subsequent entries and the use of sponge rounds and a taser were justified, as officers genuinely believed Mr. Z was at immediate risk of self-harm.

Recommendations for Improvement

The watchdog identified a widespread misunderstanding among police staff regarding Section 7 of the Search and Surveillance Act 2012 and the powers associated with arresting someone for breaching bail. To address this, the IPCA has recommended:

• Written guidance on the scope and application of the law.
• Further training for frontline staff.
• Implementation of a system allowing officers to obtain warrants outside of standard court hours.
• Repair of the damaged door at Mr. Z's mother's house.

Police Response

New Zealand Police have acknowledged the IPCA's findings, stating they are working with staff to ensure a better understanding of their obligations. Acting Assistant Commissioner Keith Borrell confirmed that officers have communicated directly with Mr. Z's family and are making arrangements to repair the damages. He also indicated that police would assess the practicality of implementing the IPCA's other recommendations, particularly the system for obtaining after-hours warrants.