Police unlawfully entered Whangārei home in 2018 before using force on woman that 'constituted an assault', IPCA finds

Police officers were not authorised to enter a Whangārei home in 2018 to recover a stolen mobile phone and force used on a woman at the property “constituted an assault”, the Independent Police Conduct Authority (IPCA) has found.

At about 11pm on 15 December 2018, police went to the property to search for the stolen phone after it was electronically traced to the address.

While at the property, a woman who was highly intoxicated became aggressive and pushed a female officer, before kicking and spitting at officers.

The woman was pepper sprayed, handcuffed and put in the back seat of a police car.

The woman claimed one of the officers punched her while she was sitting in the back seat, but the IPCA found that this was unlikely. The woman was later released without being charged.

The IPCA found that the woman was justified in resisting officers.

The arrest was filmed by a 16-year-old who had also been drinking. She was one of several adolescents or children present.

Police also took the phone used to film the arrest, which was unlawful, and the stolen phone.

The officers used reasonable force, including pepper spraying the woman but because they had no lawful authority to enter the property, all actions were assault, the IPCA said.

One of the police officers wrote that they were searching the property for stolen goods under the Search and Surveillance Act 2012.

But, the only applicable section in the act gives police the power to enter a place without a search warrant when they have reasonable grounds to believe a suspect is there who has committed an imprisonable offence.

The IPCA found that this requirement was clearly not met in this situation.

Northland District Commander Superintendent Tony Hill says the situation has provided a learning opportunity around the use of search powers.

“We have recently reminded our staff about the care needed around the use of search powers,” he said.

Police undertook a criminal investigation and a legal review into this incident and no charges were laid, Hill said.

“The officers involved were also subject to an employment investigation, the details of which are confidential. Three of the officers involved are still working for the New Zealand Police,” he said.

“I think it is really important that we look at the full circumstances of the incident, and the intent of the staff who went to the address." 

The full IPCA report is available here .