The Authority oversaw a Police investigation into a complaint alleging excessive force was used in an arrest at Taupō airport carpark. The complainant said he was shoved, thrown face-first to the ground, and had his arm twisted with such force it severely sprained his arm.
Police were conducting a road checkpoint to educate motorists about a recent speed limit change in the area (80 kmph to 50 kmph). Officers were using a laser speed detector to check speeds and speak to motorists exceeding the new limit. Instead of issuing infringement notices, officers were taking the opportunity to educate motorists about the new speed limit.
The complainant, who was driving two passengers to Taupō airport, was stopped by an officer at the checkpoint for excess speed. The officer explained the new speed limit and that he would not be issuing an infringement notice to the complainant on this occasion.
The complainant became verbally hostile towards the officer, refused the officer’s request for his driver’s licence, and drove away from the checkpoint. The officer pursued the complainant at low speed, catching up with the complainant at the Taupō airport carpark.
What happened next was captured on CCTV, which the Authority has viewed. The complainant initially refused to follow the officer’s instructions to get out of the car because he was under arrest for failing to remain stopped. The complainant eventually complied, but as the officer moved to place the complainant in handcuffs, the complainant pushed the officer away and a scuffle ensued. Another officer arrived on the scene and assisted with restraining the complainant on the ground.
Once processed and bailed, Police arranged for ambulance staff to take the complainant to hospital for his injured arm to be assessed.
Police investigated and found the pursuit did not comply with Police policy because the level of threat posed by the complainant and the seriousness of offence he was committing did not justify the risks associated with pursuing, particularly as the car contained passengers. However, the arrest was lawful and the use of force was reasonable and justified. Police recommended a learning and development opportunity for the officer in relation to Police’s fleeing driver policy.
The Authority agrees with Police’s findings and recommendation.
IPCA: 23-20559