Photo: RNZ / Richard Tindiller
The Independent Police Conduct Authority has found the use of an officers force on a child in Napier last year was unjustified.
On 14 November 2023 a senior youth aid officer came across an 11-year-old girl who was running down the street, kicking over rubbish bins, yelling and looking upset. The officer tried to talk to her, but she felt unsafe so called for backup and the child ran away.
Two other police officers arrived on the scene, and handcuffed the girl's 12-year-old brother because they thought he was connected to the incident. They found he was subject to a custody order, so kept detaining him, but then his sister ran past and confronted the police about her brother's arrest so they handcuffed her too and took both siblings back to the Oranga Tamariki office.
Once the handcuffs were removed at the office, the girl spat at an officer who briefly grabbed her by the throat then pushed her into a wall and restrained her for a minute in a chair. Police reviewed the matter and considered the force was justified, however the IPCA disagreed.
"... use of force against Child Z was excessive and therefore unjustified. In our assessment the evidence would not be sufficient to secure a conviction and we do not suggest that police consider laying criminal charges. Excessive use of force constitutes serious misconduct under the Code of Conduct so in our view, it was open to police to consider an employment process, but we have not made a formal recommendation to that effect in this case," the report said.
The authority found that although the officers were acting in good faith when they handcuffed the children, they had no lawful grounds to do so.
"[They] ... were unlawfully detained and unjustifiably handcuffed. However, in our assessment, this is not a case in which police should consider laying criminal charges or initiating disciplinary proceedings. In the circumstances of this case, we consider it is more appropriate to recommend that police carry out additional training in relation to the areas of law engaged and amend the relevant police policy documentation".
Police have accepted the findings and additional training has been carried out with the officers. Eastern District Commander Superintendent Jeanette Park said an investigation was carried out and the matter was self-referred to the IPCA after police received a complaint.
"The three officers involved in this matter were all acting with good intentions - to ensure the children were taken somewhere they would be kept safe. Our staff experience unpredictable, and sometimes appalling behaviour from people we encounter every day," she said.
Police said they acknowledge that their responses can directly impact people clearly experiencing stress or unhappiness.
"We acknowledge that on this occasion, our communication with each other could have been better."
