An Independent Police Conduct Authority inquiry has found police were justified in arresting a woman for obstruction and resisting arrest last year in Wellington.
In a statement, the Independent Police Conduct Authority (IPCA) said officers use of low-level force on the woman following her arrest was "reasonable and proportionate" given the circumstances as it was believed she was going to spit on the officer.
At 7pm on October 14, 2022, police were called about a group of young men fighting in the Freyberg Pool car park. Four officers attended and spoke with members of the group to establish what had occurred.
A woman who was in the car park prior to police arrival approached one of the officers to advocate for the group of young men and "repeatedly questioned the officer" and challenged the presence of police.
The woman said: "I don’t know why you need four cops and two cop cars for this situation" and "why are you being so aggressive?"
Footage taken from the woman's phone showed more than one minute of the woman challenging the police presence and an officer giving her at least three warnings that she wouldl be arrested for obstruction.
However, she moved closer to the officer and persisted in engaging with him while he attempted to speak to the young men. She was subsequently arrested for obstruction.
The authority considers the arrest to be reasonable and lawful as the officer reasonably believed the woman’s actions were preventing him from executing his duty.
Authority Chair Judge Kenneth Johnston KC said, by all accounts, including her own, the woman was in a "highly agitated state".
"We accept the officer’s evidence as to the nature of the force he employed, and in our assessment, this was proportionate and reasonable in the circumstances as he believed them to be," he said.
IPCA said the officer and his colleague used "low-level force" during the arrest, to restrain and take the woman to the patrol car, which was proportionate given the woman’s level of resistance.
The woman said once in the patrol car, the officer held her neck against the window with his forearm, "choking" her.
She recalls panicking and screaming: "Help me, help me. He is arresting me for asking him questions… he is kidnapping me".
The officers said the handcuffing followed standard procedures and that the force used was "minimal".
Upon investigation, the Authority accepts the officer believed the woman was about to spit on him so placed his forearm against her ear to direct her head away from him, in self-defence.
Police respond to findings
Police issued a statement, acknowledging the IPCA finding that the arrest for obstruction was justified.
Wellington district commander Superintendent Corrie Parnell said police officers go to work every day to keep the public safe, and it’s important they keep themselves safe while they do so.
"We trust our officers to make the best decisions in these situations to ensure safety is at the forefront of everything we do," she said.
Parnell noted the IPCA accepts the officer believed the woman was about to spit on him, so he placed his forearm against her ear, directing her head away in self-defense.
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