Parliament protest: IPCA finds police tactics justified, intelligence response and safety left wanting

WHAT YOU NEED TO KNOW

• The Independent Police Conduct Authority has found police, overall, acted appropriately throughout the 23-day occupation.
• More than 1900 complaints were received, 1100 of which surrounded the failed attempt at removing protesters two days into the demonstration. 1300 hours of video were reviewed by 41 staff.
• Police were unprepared for this earlier attempt to remove protesters on February 10 and should have withdrawn sooner.
• On the final operation of March 2, all police tactics were justified, although officers did not have enough protective gear.
• Evidence collection was not adequate, leading to many protesters who were thought to be criminally liable having their charges dropped.
• Some New Zealand laws governing arrests and trespass aren’t fit for purpose when policing mass-public disorder events.

Police on the frontline of the Parliament protests say they are lucky someone wasn’t killed, with aspects of the final day’s fiery confrontation described as ‘absolutely shambolic”.

Officers who bore the brunt of missiles fired at them said they lacked sufficient equipment to protect them from injury.

The report detailed how officers stationed at the Parliament grounds were not equipped to deal with the situation.

One person told the report author: “I think that we took a lot of risks that day that we shouldn’t have. As an NCO, I would never have let anyone be in that situation with no protection.

“We’re lucky someone didn’t get killed. Staff were not adequately equipped to respond to the threat posed by protesters. This was foreseeable and avoidable.

“The equipment side of it was absolutely shambolic, to put it politely.”

The mammoth independent investigation into the actions of police during last year’s three-week demonstration-turned-riot at Parliament has found almost all actions of officers were justified and the public was well served.

But issues around a lack of planning and protective equipment for officers have been established, leading to 14 recommendations around procedure and safety.

Today, the Independent Police Conduct Authority (IPCA) released its 225-page report on the police actions at the protest.

The review, overseen by chair Judge Colin Doherty, involved the interviews of more than 350 people including officers, protesters, then-Speaker Trevor Mallard and then-Prime Minister Jacinda Ardern, as well as the review of 1300 hours of video footage by 41 staff members.

The IPCA’s investigation was kicked off by the 1905 complaints it received in relation to the fiery event.

Of the complaints, 13 developed into investigations, there was one facilitated resolution between the complainant and police, and 1885 were subsumed into the broader investigation.

Overall, the IPCA found police acted appropriately. “It is commendable that police were able to end the illegal occupation of Parliament grounds on March 2, 2022 with as few injuries and as little damage to property as they did,” Doherty said in the report.

But it did identify failings, many of which related to the first attempt by police to remove the protesters.

Recommendations included developing a new public order policy, urgently purchasing protective equipment, and requesting the Government review legislation around major public disorder events.

‘Traumatic’ circumstance

Today, during a press conference, Doherty said it was easy to look at those things in hindsight and this was a protest that was “out of the ordinary”.

He said police were used to protests at Parliament but they were not used to the endeavours protesters undertook there.

When asked about similar overseas events that happened prior to the protest, Doherty told reporters police “certainly” did have information about that action happening elsewhere.

He said for many officers on the ground it was a “traumatic” circumstance.

Doherty said every police officer ought to be trained in this type of activity but that is likely impractical.

“Training needs to be reassessed, it needs to be widened,” he said, and more protective gear needs to be purchased.

When questioned on whether any “red flags” were raised for him in the report, Doherty replied no.

Their process, he said, involved looking at every one of the complaints and “shook the tree”. Only 84 of the complaints, he said, were from those on the ground.

By far, he told reporters, they came from those who watched the protest from afar.

Doherty said there were 19 independent separate investigations. These included situations like allegations of excessive use of force.

One of their criticisms of police is that they didn’t think ahead, he said.

Regarding misinformation, Doherty said when they received evidence they cross-checked and used software to check the veracity on information. On some of these he said there had been some manipulations.

He said they found the roles new recruits ended up playing in the protest were not “planned-for” roles and they were given insufficient training.

From their investigation Doherty said they think the protest was “underestimated” in a police district well used to protests at Parliament.

Doherty said the lack of planning, which the report criticises, might not have impacted what happened.

He said there wasn’t a “single cause of action” for police and they have a “balancing act” to maintain.

On an officer throwing a brick, he said it was justified given the position they were in.

When asked about whether he believed someone could have died on March 2, he said “there’s always a risk if someone’s throwing a brick at someone’s head”.

Police Commissioner Andrew Coster said he was “immensely proud” of the work their people did.

”We saw a level of disorder and violence rarely seen in New Zealand.”

Coster said the protest was an unprecedented event and one of the most significant policing challenges in decades.

”The areas for improvement identified by the IPCA align with police’s own internal reviews after the protest and many of those actions are already well underway.”

“I don’t think that there’s any call there for an apology. We’re very proud of how we turned out for this event.”

He said this was an “outlier” event and the situation changed on a “daily basis”.

”I think its hard to understand reading a report with full hindsight just how dynamic this situation was. Every day was different and every day we had to assess where we were and what the right tactics were.”

Coster said if they had a traffic management plan it would not have been to protect Parliament, it would have been for critical infrastructure, for example the Terrace Tunnel, motorway and the ferry.

”So I don’t believe that a traffic management plan would have made any difference.”

Coster said it was “very clear” at the conclusion of the protest police had insufficient equipment for the violence they encountered.

While this was foreseen, he said the reality is they did not have enough equipment in the country for the scale of what occurred. They have since purchase additional equipment for this kind of event, he said.

“Doing nothing here was not an option. When bad things are happening it’s police’s role to stand up and respond and deal with the situation.”

‘Important lessons’

Police Minister Ginny Andersen said the IPCA report confirmed police did a “good job in tough and unprecedented circumstances”.

”I’m particularly assured by the report’s finding that police ‘generally acted with remarkable restraint and professionalism, and all the tactics they used to defend themselves and others on 2 March were justified in the circumstances’,” she said.

Andersen said there were also “important lessons” and she would work with the Police Commissioner to ensure recommendations were followed.

”The Government will also respond to the recommendations regarding the laws governing public order events,” she said.

”Any changes would require careful consideration to ensure the fundamental democratic right of New Zealanders to assemble and protest aren’t impeded.”

The New Zealand Police Association said the level of extreme violence police were confronted with by some protesters who chose to abandon the rule of law was “unparalleled”.

”The Police Association acknowledges the professionalism our members displayed while under violent attack and at serious risk to their safety,” it said in a statement.

”Over 150 police officers suffered injuries in the conflict, some of these serious and long-term.

”All officers can be proud of their actions on March 2, a day that will be remembered as one of the most significant in New Zealand’s policing history.”

‘Sad chapter in NZ history’

Act Party leader David Seymour has called for “rogue police officers who used excessive force” at the Parliament protest last year to lose their jobs.

Seymour said the riots reflected a “sad chapter in New Zealand history”.

”There were ugly acts on all sides of it which can’t be excused,” he said.

Seymour said the IPCA report confirmed what people at the protest witnessed.

Seymour said he thought police officers were put in that “impossible position” due to the Government’s “divisive vaccine policy” and inflammatory rhetoric from MPs.

He took aim at former Speaker Trevor Mallard, whose response included setting sprinklers on protesters, and Minister Michael Wood, who said there was a “river of filth” running through the occupation.

“It was this division and loss of social cohesion that led to the Parliament protest. It didn’t need to be that way.”

The early days - February 6-9

According to the findings, police first became aware of protest plans on February 1 when officers in Northland discovered discussions around the nationwide “convoy” online.

An intelligence report on February 7 noted some protesters had “joked” about camping at Parliament. It was likely the protest could sustain a week-long occupation, it said.

Further intelligence suggested between 370 to 1000 vehicles could travel to the city. The IPCA said that while police intelligence provided strong information on protesters’ plans, its response was left wanting.

Wellington district commander Corrie Parnell told the authority police could have “missed a beat” in planning their response. He said the region was under pressure at the time due to Waitangi weekend and staff on sick leave.

Hundreds of vehicles travelled the length of the country to Wellington on February 6 and 7- many from Auckland and Northland.

The IPCA concluded the frequent protests at Parliament led police to underestimate the potential size of the convoy.

But the authority found there was good reason for police to believe the planned event was likely to be significantly different from previous protests, and as such it required particular attention and greater planning.

On February 8 - the day protesters arrived - police at Parliament reported crowds were dispersing. Shortly after, further reports stated some protesters planned an “extended stay”.

Police ultimately concluded events were wrapping up and some staff monitoring from a command centre went home. The head of Parliamentary Security said an officer told him: “We’re not going to stay here, we don’t want to antagonise the situation.” But by the evening, the number of erected structures had increased.

“We conclude that police placed undue reliance on information that the protest would conclude at the end of the afternoon,” the IPCA found.

Failed operation attempt- February 10

A great majority of the complaints to the IPCA were about the failed operation to end the demonstration on February 10.

The evening prior, Parnell met with Mallard, Deputy PM Grant Robertson and Attorney-General David Parker, and a plan was devised to shut it down.

Some officers said they believed the operation came as a result of political pressure, but the IPCA concluded there was no political interference.

The next morning, 125 officers formed a skirmish line but failed to make much ground. Police eventually retreated by 5pm.

“The vast majority of police officers we interviewed said that the operation was bound not to achieve its objectives,” the report said, concluding police should have pulled out earlier.

“Beyond the use of skirmish lines, we have not been able to discover any other detailed plan for the day.”

The IPCA concluded this operation on February 10 lacked adequate planning, and police should have pulled the plug earlier. Photo / Mark Mitchell

Other findings included that protesters were not adequately warned under the Trespass Act to vacate the grounds, and police did not record enough evidence, leading to a large number of charges against protesters being withdrawn.

The IPCA found police were ill-prepared to deal with so many arrests. Some officers were told to expect up to 20 but by the afternoon there were 108.

The most high-profile incident of the day was a woman, who appeared to be naked, being dragged out of the crowd by police, resulting in 432 complaints.

The IPCA spoke to the woman, who said she deliberately stripped to her underwear and lathered herself in coconut oil to make it difficult for police to grab her. When being dragged, the officer lost his grip and regained control by grabbing her hair.

The final push

In the days leading up to the final operation, factions within the protest began to show and police observed stockpiling of “potential weapons”.

The IPCA said negotiation attempts were convoluted and police should have formulated a clear communication and engagement strategy.

At one point, Police Commissioner Andrew Coster asked Ardern if she would meet with the protesters, but she declined.

After days of planning, the operation to remove protesters began in the early hours of March 2. It was expected to take two days, but just a handful of protesters remained by dusk.

“The control and movement of all the groups throughout the day was highly co-ordinated and was generally managed well,” the report said.

However, the authority criticised the lack of protection worn by officers, leading to 82 injuries within the force.

“A number of the injuries that officers suffered would have been avoided if they had had the advantage of sufficient and appropriate protective equipment.”

“[When protesters started throwing paving bricks] I thought to myself, we’re dead,” one officer told the authority.

Newly-graduated officers called in to assist was justified, the IPCA found, but added that they weren’t adequately prepared for the role.

The authority said police showed “remarkable restraint” in the face of “extreme provocation”.

While there were some incidents of potentially excessive force, all tactics used were justified - including weapons of opportunity, such as an officer who launched bricks back at protesters.

The IPCA also quashed a number of conspiracies around tactics used by police during the operation.

Responding to the report, Coster said his staff showed courage and professionalism.

“This was an unprecedented event and it will be regarded as one of the most significant policing challenges in decades. Despite that, the authority found we did many things right, particularly the overall use of force being appropriate in the circumstances.”

He said the recommendations would be implemented - many of which were identified as part of the police investigation.

Recommendations

• Develop end-to-end public order policing operating model.
• Develop an operating procedure for the parliamentary precinct.
• Work with partner agencies to review planning capability.
• Review police policies including logistics, personnel transport, intelligence products, training requirements, health and safety and command and control structure.
• Urgently order extra public order policing equipment and review new equipment options.
• Request the government undertake a multi-agency review of laws governing mass public disorder events.