IPCA finds 6 cases of excessive force during Parliament occupation

The police watchdog has found officers used excessive force in six incidents during last year's protest and occupation of Parliament's grounds.

The Independent Police Conduct Authority said of 1905 complaints relating to the protest, it has made 19 further investigations.

Another two complaints were received following the publication of the IPCA's general report regarding the protest and occupation in April 2023, meaning that 21 specific complaints were considered by the IPCA, in 17 separate investigations.

Across these 17 investigations, the IPCA found the police use of force was excessive in six instances and there was an adverse finding in relation to the impoundment and damage of a vehicle.

Its chair, Judge Kenneth Johnston KC, has found a police officer's initial use of a fire extinguisher against protesters on 2 March, the final day of the protest, was in self-defence and justified.

However, he and other officers were not justified in continuing to spray protesters after they had turned their backs and were trying to climb down from the column.

Another officer used excessive force in punching an elderly man twice in the head in defence of a female colleague.

Deputy Commissioner Jevon McSkimming said police acknowledged the findings.

"The protest and occupation of Parliament grounds in 2022 was an unprecedented event in New Zealand and presented one of the most significant policing challenges in decades," he said.

Hundreds of police officers were deployed during the protest and occupation he was "incredibly proud" of their work and their "extraordinary amount of restraint"..

"They were faced with a level of violence and vitriol that we have never before experienced in New Zealand," he said.

"Despite the provocation and violent behaviour exhibited by some protesters over the duration of this event, the overwhelming majority of our officers did an exemplary job.

"There were a very small number of incidents where we didn't get it right, and where that occurred, we have acknowledged that and, where appropriate, taken steps to address it."

Police officers who used fire extinguishers against protesters who were trying to get away, another who punched an elderly man in the head and others who smashed the windows of a car during final push to clear the grounds are among those criticised for excessive use of force.

The findings:

Investigation 4:

A woman complained that on 10 February - during police's first attempt to clear the grounds - officers unlawfully detained and arrested and used excessive force against her husband who was "peacefully protesting". The Authority found police were justified in arresting a man for trespass. However, as he was not physically resisting arrest with force, there was no basis for the officer to use any force during the man's arrest.

Investigation 6:

Three people had complained about one officer who restrained their heads during their arrests. One of them was a woman, who had taken off her clothes except her underwear and had rubbed coconut oil over her body to make it more difficult for police to grip onto her. The IPCA found the use of force by the officer in each of the three arrests was "unnecessary and excessive", and made specific recommendations in relation to training and governance. The Royal New Zealand Police College will prioritise a review of the Defensive Tactics Curriculum training module, and is setting up an advisory committee to ensure national consistency of defensive tactics training.

Investigation 7:

A woman complained that on 21 February 2022 she was standing in a line of protesters when an officer punched her with three short jabs to the right eye "for no reason". The IPCA found the officer - who was in the front-line of police facing a crowd of hostile protesters - was entitled to use force to defend himself in the circumstances "as he believed them to be". However, hitting the woman in the face was not reasonable as he could have struck down on her arm to remove her hand from underneath his body armour.

Investigation 13:

A woman complained that, on 2 March, a police officer slapped her mobile phone out of her hand, stomped on it and kicked it to the kerb; and as she tried to pick up the phone. She said the officer then shoved her to the kerb and hit her with a shield repeatedly. She also complained police used excessive force on an elderly man who came to her rescue, and was punched twice. The IPCA found there was no justification for officers to knock the phone from the woman's hand or push her to the ground. In relation to the use of force against the man who came to assist the woman, the IPCA found that while some force was certainly justified, two punches to the head in quick succession were an excessive use of force.

Investigation 14:

A man complained he was standing on top of a concrete pillar/column beside the main gates at Parliament, broadcasting live footage of events occurring through Facebook, when police officers directed a fire extinguisher at him and two others for over 30 seconds. This left him unable to see or breathe for a short period. The IPCA found the officer's use of the fire extinguisher for a short period was in self-defence and justified. However he and other officers were not justified in further spraying the people after they had turned their backs and were trying to climb down from the column. The officer had been assaulted by projectiles being thrown at him earlier in the day and had no helmet, other headgear or shield. He advised he believed that one of the people on the column had a black metal pole which could be used as a weapon against him or his fellow officers.

Investigation 17:

A woman complained that police:

• Smashed her car's windows and deflated its tyres when it was parked at the bus terminal on 2 March 2022.
• Removed her car with a forklift and moved it without attempting to contact her.
• Refused to let her get possessions, including medication, from her car when it was in Porirua.
• Left it parked in Trentham where it was further vandalised and damaged.

Police deflated two tyres on this car and a number of other vehicles parked in the vicinity of Parliament, to prevent vehicles from being driven and used as weapons against police while they were still in the area around Parliament. Police also smashed three windows in the car. The IPCA found while it was reasonable for police to deflate the car's tyres, there was no reason to smash the windows. In relation to the impounding of the car, the IPCA found it was unreasonable of police to not allow the owner to retrieve her belongings from the car on 4 March, and to not properly assess whether the car could be released to the owner that day. The IPCA also found police should have made further attempts to contact the owner before putting the car out on a public road.

Police Association says IPCA report shows 'professional police force'

The police union said the report was "positive" for police.

Police Association president Chris Cahill told Midday Report most of it related to minor infractions.

"These were thousands of interactions with protesters over several days or weeks, and obviously the very traumatic events of the final day, and of that 1900 complaints of which only six were upheld, and most of those were for relatively minor infractions."

Cahill said the handful of adverse findings mainly stemmed from key findings that came out of the earlier IPCA report.

"Police had not given their staff appropriate public policing order training - very few had it and if they had it, it wasn't enough, and equally police weren't equipped with appropriate safety equipment.

"That's had a big influence on how police reacted to a number of these events."

However, overall the report was confirmation that New Zealanders could have confidence in the "professionalism" of their police, Cahill said.

That was not to say they would not do things differently, if faced with a similar situation in future, he continued.

"Probably the first thing is they wouldn't let it escalate to the level it did for as long as it did.

"Public order policing training, understanding how to make sure the roads are blocked off and you don't get a lot of cars around adding to the problem, ensuring staff have the appropriate safety equipment, those sorts of things.

"I think a lot of lessons have been learned. It was a reminder that police had forgotten just how important public order policing is."