Police more likely to use painful force on Māori during arrest, Human Rights Commission calls for urgent change

The human rights watchdog is calling for urgent change to police policy following the release of new figures showing officers are more likely to use pain to subdue Māori suspects than for other ethnicities.

The figures, released to the Herald under the Official Information Act, show police resorted to the tactical use of pain to bring violent or resisting offenders under control 2602 times since 2016.

Māori – who make up 17.3 per cent of the population and 42 per cent of people charged with an offence – are subjected to “pain compliance techniques” at a higher rate than other offenders – accounting for 48 per cent of all such cases.

Officers in Counties Manukau used painful force more often than those in any other police district.

The figures have sparked claims of institutional racism by a Māori academic and former race relations commissioner.

However, police bosses deny frontline officers are biased towards Māori suspects. They insist the use of painful force is a tiny proportion of overall arrest numbers and say the use of force or tactical pain to bring about an arrest is proportionate and always a last resort.

South Auckland councillor and former cop Alf Filipaina said he was “shocked” to learn of a written policy allowing officers to inflict pain when making an arrest.

“Hell, I am bloody surprised.”

Manukau councillor and former police officer Alf Filipaina. Photo / Jed Bradley

Filipaina said images of police brutality in the United States and the killing of black man George Floyd were a stark reminder of the perils of sworn officers using excessive force.

“We just don’t want us to get to, ‘I wonder how much pain I can exert to get this guy to be compliant’.”

Filipaina added that many suspects were high on drugs, and research suggested these offenders may be impervious to painful force, putting them at risk of injury if pain was used to subdue them.

“Even pain won’t get them compliant because they’re out of it.”

The Human Rights Commission is also alarmed by the figures and has now raised concerns with the Independent Police Conduct Authority (IPCA).

Acting Race Relations Commissioner Saunoamaali’i Karanina Sumeo said police needed to demonstrate what steps they were taking to ensure pain restraint was not used disproportionately on Māori or any other group.

Acting Race Relations Commissioner Saunoamaali’i Karanina Sumeo wants police to make urgent change to policy. Photo / Supplied

“This has been a known issue for several years and it’s crucial that we see change in the police approach immediately.”

Police would not specify what pain compliance techniques were used, saying doing so could prejudice the maintenance of the law, the prevention, investigation and detection of offences, and the right to fair trial.

However, the figures relate to “handcuffs-restraints with pain compliance” which is a reportable use of force under police tactical options.

Internationally, the techniques usually involve applying force to certain parts of the body such as wrists and arms, or pressure points around the neck and jaw.

Pain is used to force someone who is resisting to submit, but pressure should be relieved once the offender complies with instructions.

Of the 2602 reported instances of tactical pain use since 2016, Counties Manukau police district had the highest number with 413 incidents, followed by Canterbury (254), Auckland City (253), Wellington (251), Central (244) and Waitematā (243).

The district with the fewest incidents was Tasman with 110, followed by Northland (131), Southern (147), Waikato (153) and Eastern (168).

Men were subject to much greater use of painful force than women – 2147 to 453 instances respectively.

Māori suspects made up nearly half of all pain compliance recipients (1248), followed by European (994), Pasifika (259), Asian (32), Middle Eastern, Latin American and African (24) and other (45).

More than 300 injuries were reported in suspects subjected to pain compliance, including broken bones, sprains, swelling and bruising, abrasions and cuts, head injuries and breathing problems.

Police operational capability director Superintendent Dave Greig said pain compliance referred to the “direct and intentional use of the minimum force necessary by a constable to gain compliance when a person is actively resisting arrest”.

Police would not specify what pain compliance techniques were used. Photo / Bevan Conley

The Tactical Options Framework ensured an officer’s response was proportionate to the situation presented, and each use of tactical force must be reported, Greig said.

“Police officers use the least amount of force required to safely resolve a situation. Communication is still one of the most important tools an officer has at their disposal. The vast majority of incidents are resolved by talking to the people involved and without the need for using tactical options.

“Officers respond to the behaviour they are presented with and at times tactical options are used by officers to protect themselves or others – this may include the subject, who may be a risk to themselves, and/or others around them.”

Greig said police were committed to ensuring all people were treated fairly, regardless of their background or ethnicity.

“We are focused on working with our partners, community leaders and iwi so we can better understand what Māori are experiencing when they engage with police, towards positive change and equitable outcomes.”

Sociologist Jarrod Gilbert is concerned by the over-representation of Māori across the criminal justice system. Photo / NZME

University of Canterbury crime expert Dr Jarrod Gilbert said the data was concerning, as was the over-representation of Māori across the criminal justice system.

However, the raw data needed to be matched against crime incidents so “may not be as telling as it looks on face value”, he said.

Police Association president Chris Cahill said the number of reported incidents of pain compliance was incredibly low given the hundreds of thousands of serious incidents and arrests police attended – many involving violent, drunk and mentally disturbed people.

“These figures show that use of force is a last resort, and every effort is made to resolve matters without having to resort to using these techniques. However the reality is that to protect New Zealanders from violent people there will be times force has to be used.”