A police officer was "unjustified" in stopping, arresting and pepper-spraying an Auckland woman after she gave him a thumbs down from her car window, the Independent Police Conduct Authority has ruled, labelling the actions as "unlawful", "disproportionate", and "an overreaction".
However, police say the officer involved thought the woman "may have been under the influence of drugs or alcohol due to her behaviour", and was right to signal her to stop.
The report, released today, related to an incident on Auckland's North Shore in December 2022, but publication had been delayed until court proceedings wrapped up last year.
A 48-year-old woman, referred to in the report as Ms Z, gave the officer the gesture as they passed each other on the morning of December 22, 2022.
He signalled her to stop her car, but the woman continued a further 800m to her home before stopping, refusing to provide the officer with her details and turning away.
The report said the officer told the woman she was under arrest and attempted to grab her, ripping her halter-neck top and exposing her bra in the process.
She ran down the driveway followed by the officer and slammed the sliding door closed as she ran into the house, which she shared with her elderly parents at the time. The officer's hand was in the door and he sustained a 7.5cm cut that required 13 stitches.
The report found Ms Z did not intentionally injure the officer, saying she was focused solely on covering herself and unaware his hand was in the door.
She immediately went upstairs to change her top, with her elderly mother attempting to assist the officer with his injured hand as she did so.
Upon returning downstairs, the woman put her hands in the air and told the officer he could arrest her. As she stood in the doorway with her hands raised, telling the officer he could arrest her, he pepper‑sprayed her.
The IPCA said the officer failed to warn her as required by policy, and that using pepper spray in that moment was a disproportionate response.
A passive breath test performed by another officer after the arrest detected no alcohol.
The woman pleaded guilty to failing to stop, failing to provide her name and address, and resisting arrest. She pleaded not guilty to having a reckless disregard for the safety of others, concerning the injury to the officer’s hand. This charge was ultimately dismissed.
IPCA chairperson Judge Kenneth Johnston KC said the report found the officer's actions were unlawful from the moment he decided to follow Ms Z for giving him the thumbs-down gesture.
The report concluded the officer had no legal grounds to stop, arrest, restrain or attempt to enter Ms Z’s home.
Judge Johnston said the authority was not convinced the officer stopped the woman because he believed her to be under the influence, but because he was annoyed by her gesture.
"Therefore, in our view, the stop was unlawful. Given this, Officer A had no legal power to require Ms Z provide her details and the arrest was unlawful."
Judge Johnston concluded the officer’s communication was poor, his decision making was "significantly flawed", and the situation escalated solely because of the officer's actions.
He said it would have been appropriate for police to consider disciplinary proceedings, given the excessive force, and recommended a rehearing of the woman’s convictions with no evidence offered.
In a statement, police acknowledged the IPCA report's findings and said no further action would be taken.
Waitematā District Commander Superintendent Naila Hassan said the officer was experienced, working in road policing for more than a decade.
"Police consider that such gestures may reasonably indicate driver impairment, so stopping a driver’s vehicle to determine whether the driver is impaired is squarely within a police officer’s lawful authority," she said.
"Police found his actions were lawful and justified given that he was acting within his capacity as a Police officer and in accordance with the Land Transport Act 1998."
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