The Independent Police Conduct Authority has found that Police did not use excessive force while detaining a youth (Mr Z) in Whangamatā on Saturday 31 December 2022. However, the Authority found that Police, although acting in good faith, had no lawful basis to stop the car Mr Z was travelling in, and did not comply with the provisions of the Local Government Act 2002.
Mr Z was travelling in a car with three associates when it was stopped by Police. After being stopped, Mr Z and other occupants were found to be in breach of an alcohol ban that was in force at that time, with officers purportedly utilising powers contained within the Local Government Act 2002 to take enforcement action.
Mr Z was arrested for refusing to provide his details and an attempt was made to escort him to a nearby Police vehicle. Video footage of the incident shows Mr X pulling his arm forcefully from the grip of an escorting officer before it is brought back under control.
The Authority is satisfied that a reasonable level of force was used to detain Mr Z and that the injury he sustained was an unfortunate consequence of his interaction with Police. However, there was no lawful basis to arrest Mr Z, or use force for that purpose, as the suspected breach of alcohol ban stemmed from an unlawful vehicle stop.