High-level talks after police officers arrest defendant during meeting with lawyer

The $300m Christchurch Justice & Emergency Services Precinct. Photo / Ministry of Justice

Police officers used courthouse swipe cards to burst into a meeting room and arrest a suspect who was talking to their lawyer.

The "over-the-top" affair has resulted in a procedural review by red-faced police brass following crunch talks between the Law Society, New Zealand Police, the Ministry of Justice, and criminal bar representatives.

Legal experts were disturbed to learn of the incident, saying it promotes "perceptions of collusion" between police and the justice system.

"[Officers] have failed to exercise even a rudimentary understanding of the traditional and well-respected privilege that exists between a client and their counsel," said civil liberties lawyer Michael Bott.

Police accepted it was "not a good look", New Zealand Law Society Canterbury-Westland Branch President Grant Tyrrell said, and he welcomed assurances that it wouldn't happen again.

However, last week a defendant waiting to see their lawyer in the Public Defender Service (PDS) office in Christchurch was "beckoned out from the foyer" and arrested prior to their sentencing.

"To say that causes me some concern would be an understatement," Tyrrell said.

In late June, a defendant arrived at Christchurch District Court, located inside the new purpose-built $300m Christchurch Justice & Emergency Services Precinct, which opened late last year.

Christchurch Central Police Station forms part of the sprawling 42,000m2 building and is connected to the courthouse via a series of swipe-access doors, including subterranean routes for ferrying staff and defendants facing charges.

The defendant was due to be sentenced later that morning and was speaking with their lawyer in a courthouse interview room.

But during the meeting, a police officer and a number of his colleagues swiped themselves into the interview room and arrested the defendant "over the strong protestations of counsel that was present", according to Tyrrell.

Police had also told a court registrar that the defendant would not be appearing at their 11.45am sentencing, which Tyrrell feels "infringed on the jurisdiction of the court".

"There is a real tension around how non-urgent in-courthouse arrests are unfolding as, of course, it's a public space but on the other hand it is where people come to have their matters decided," he said.

"It was always the concern having those buildings so close together, and now there is very much a perception which is not an image that should be portrayed in any shape or form."

Canterbury Metro Area Commander Superintendent Lane Todd confirmed that police have met with Law Society members and a Ministry of Justice manager to discuss protocols at the precinct "as a result of concerns raised".

"Police are working with our partner agencies to ensure we operate in an environment that provides a high level of service to our clients and users of the precinct," he said.

"While we will not comment on specific matters raised we have agreed on a process moving forward."

A Ministry of Justice spokeswoman refused to comment, saying it was a police issue.

Michael Bott described the Christchurch Justice & Emergency Services Precinct as "the legal equivalent of a food hall".

"Perhaps the police, due to their proximity, forget notions of justice and privilege and the delicate restraint and balance that exists between all branches of the justice system – police, courts, judiciary and counsel," he said.

Criminal law expert Professor Chris Gallavin of Massey University said such incidents gives an impression that the courts are "in cahoots with the police".

"This is not about letting those who have committed criminal activity go, but rather a perception of justice having different divisions; the police are not the courts," Gallavin said.