Police handcuffing of children in Napier ‘unjustified’ and pushing one headfirst into wall was ‘excessive’, IPCA finds

The Independent Police Conduct Authority has found the detention and handcuffing of two children in Napier late last year was unjustified.

Investigating an incident referred to the authority by Police, in relation to events on November 14, 2023, the authority says it also found the force used by one of the officers in restraining one of the children within the Oranga Tamariki office was excessive.

Officer A, a senior youth aid officer, was patrolling in her vehicle within the centre of Napier, near Clive Square, when she came across 11-year-old Child Z running down the street, kicking over rubbish bins, yelling and looking upset.

Having also received a report over the radio, the officer drove down the street and parked next to Child Z to speak with her.

Clive Square in Napier, where police involvement with two children started on November 14 last year, leading to complaints of unjustified detention and excessive force.

The circumstances made Officer A feel unsafe, so she remained in her vehicle and called for backup, and Child Z ran away, the authority said in a statement released on Tuesday.

Officers B and C arrived with limited knowledge of the situation. When Officer B saw Child Z’s 12-year-old brother (Child Y), he thought Child Y was somehow connected with the reported incident, so detained and handcuffed Child Y.

Officer B then searched Child Y in the Police database, found he was subject of a custody order, and continued to detain Child Y to return him to Oranga Tamariki. Officer C thought Child Y was being arrested for disorderly behaviour.

Not long afterwards, Child Z ran past and confronted the officers about their detention of her brother, and Officers B and C detained and handcuffed Child Z.

Officer A arrived and took the children to the Oranga Tamariki office (equipped with CCTV cameras) and after Child Z’s handcuffs were removed the child spat at Officer A in the presence of two social workers.

The CCTV images showed Child Z turning her back and taking a couple of steps back after the spit.

Officer A initially grabbed Child Z by the throat momentarily, before then wrapping an arm around the top of Child Z’s torso and forcefully pushing Child Z headfirst into the wall. Officer A then restrained Child Z in a chair for about a minute before releasing her and leaving.

The authority found that although Officers B and C were acting in good faith, they had no lawful grounds for detaining the children. Police have accepted our recommendations that they carry out additional training with the officers and update relevant policy.

The authority also found that Officer A’s use of force towards Child Z to defend herself was excessive and therefore unjustified in the circumstances.

“There was no further imminent threat from Child Z after she spat, and Officer A could have used minimal force to redirect Child Z, before leaving her in the care of the social workers,” the authority said.

“While we have found the force was excessive, we have not recommended a criminal prosecution nor an employment process in this instance,” it said.

Police accept this finding 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.

“We know that our responses can directly impact people clearly experiencing stress or unhappiness,” she said. “We acknowledge that on this occasion, our communication with each other could have been better.”