The Authority oversaw a Police review of a complaint from a man who was tasered in the back by two officers when they tried to serve him with a Police Safety Order (PSO) in Wellington.
Police went to the man’s address to serve a PSO, knowing he kept fierce dogs on the property. Police unsuccessfully tried to call his mobile phone, then climbed over a large fence and padlocked gate to gain access to the property.
The man told the officers to leave. The officers told the man he was detained while they served the PSO. The man briefly complied with instructions, but a scuffle developed and the man tried to run towards his house where the officers could hear dogs barking. Fearing he would release the dogs, officers tasered the man.
We agreed with Police that the officers were wrong to enter and remain on the man’s property because the man had revoked implied licence to enter by way of his large fence, locked gate, and by telling Police to leave. PSOs do not come with the power for entry to effect service.
However, the officers were justified in using Tasers to defend themselves because:
• previous tactical options (such as communication and empty hand tactics) had been unsuccessful; and
• the officers believed the man was going to release the dogs imminently.
We are satisfied with the actions Police have taken in respect of this complaint. Specifically, Police have:
• facilitated training with the officers involved regarding powers on private property;
• circulated the scenario across Police in the context of lessons learned; and
• apologised to the man for entering and remaining on his property.
IPCA: 23-18553