Police have issued an apology after allegations an officer was “heavy-handed” in serving a police safety order.
Jake Blades, 49, was left bloodied, shaken, and traumatised after the incident at his South Canterbury home last year.
It came just two months after telling his partner of 10 years that he was gay and moving out of their home.
Around 10am on September 19 last year, while living with his new partner Mike in Waimate, Blades said he got a phone call from a friend saying that his dogs were loose on State Highway 1 near Washdyke, just north of Timaru.
Around 5.30pm, while relaxing at home with his new partner Mike, two police officers paid a visit.
CCTV obtained by the Herald shows the first officer walking up the driveway and asking if Blades was “Jake” before letting himself inside the gate.
After identifying himself, the constable – still walking towards Blades – says, “I’m just here to detain you for a police safety order”.
Police Safety Orders (PSOs) are issued by the police to protect victims and their families. It gives them time to make decisions about their ongoing safety and access support.
Blade’s PSO meant he could not go near his ex-partner or contact her in any way for three days.
But on the CCTV footage, Blades sounds confused as to what the PSO is and why he’s being detained.
The officer then attempts to place him in handcuffs.
It leads to a scuffle, Blades attempts to jump onto his hot tub lid, and falls onto the deck.
At some point, Blades suffers an injury to his forehead which starts bleeding.
He also starts shouting for his partner Mike who comes out and starts filming the encounter.
“Heavy-handed is an understatement. [The police officers] never gave me the opportunity to understand what was happening.”
Blades assumes it was alleged that he was in possession of a gun.
But he only had an air rifle, which he handed over to police, and got back three days later.
“How does the law work? Somebody says something that can’t be true, it’s not investigated, and then [police] can do and do that? I don’t understand,” he said.
Last week, nearly 10 months after the incident, police issued Blades with an apology.
“I apologise and regret the ongoing distress this has caused you and your partner,” a NZ Police professional conduct investigator wrote to Blades.
The service of the three-day PSO was, however, appropriate and “properly discussed and authorised” by a qualified officer, police said.
Under the Family Violence Act 2018, police can detain a person for the service of a PSO.
However, police recognised that the constable in this instance “should have employed professional verbal communication as a first and initial approach in order to help gain compliance and effect [sic] the serving of the PSO by explaining what was happening and why it was being done”.
Although police do not need to tell the recipient what the allegations or grounds on which the PSO was raised, the officer should have gone about it a better way.
“The constable’s language and his inability to modify his risk assessment and deescalate his approach directly affected your response and the subsequent struggle,” the professional conduct investigator said.
“Your complaint serves to remind the police that our performance is constantly assessed by the public [and] the need for professional and effective communication.”
But the apology comes as cold comfort for Blades who is now attending counselling for ongoing anxiety and stress.
He is also concerned the fact he’s been issued with a PSO stays on his police record forever.
“You have no way of fighting it and it just stays on your record. For someone who has never been in trouble with the law, it’s very distressing,” he said.
“I’m not a threat to anyone. I’m not six feet ten and scary. They made me feel like I was the worst person in the universe and it’s just not a nice feeling.”
Responding to questions from the Herald, a police spokeswoman said the service of the PSO complied with the provisions of the Family Violence Act 2018.
“We have no other comment to add to the response you have seen from the professional conduct investigator,” she said.
The IPCA reviewed Blade’s complaint and the police investigation over the force used by officers that day.
And while it appreciated the experience was “distressing for you... [the IPCA] did not identify any misconduct or neglect of duty by the police officers involved”.
Kurt Bayer is a South Island correspondent based in Christchurch. He is a senior journalist who joined the Herald in 2011.