It is “highly probable” a teenager’s wrist was broken while being restrained by police officers conducting an unlawful arrest, the Independent Police Conduct Authority (IPCA) has found.
However, the authority also found the level of force used during the arrest was “not excessive”.
IPCA chair Judge Kenneth Johnston KC said in his report of the authority’s findings that the 16-year-old male, who cannot be named, was a passenger in a silver Holden Commodore unlawfully stopped by police enforcing an alcohol ban in Whangamatā about 6.45pm on New Year’s Eve in 2022.
“There is no statutory power to stop a vehicle for the purpose of enforcing an alcohol ban,” Johnston said.
“Police have submitted that section 113 of the Land Transport Act gives police the power to stop vehicles.”
Johnston said the police’s interpretation of section 113 was “untenable”.
“It would amount to an argument that police could do anything they please in order to enforce the acts listed under section 113(1) without limit.”
Johnston said police removed “a large number” of sealed bottles and cans from the Holden.
“Officers opened these containers and poured their contents on the road.”
Johnston said since the vehicle was stopped unlawfully, the enforcement of the alcohol ban in respect of the Holden and its occupants was “without lawful basis”.
“Anyone believed to be in possession of alcohol should have been told that they had the opportunity to remove it and given a reasonable chance to do so.”
Johnston’s finding said police arrested the teenager for breaching the alcohol ban after he refused to give his details to police.
Video footage reviewed by the authority showed police officers escorting the teenager to the police support unit van. The teenager pulled his right arm from an officer’s hold.
“It appears [the teenager] continued to resist at the rear of the van,” Johnston said.
One officer told the authority the teenager “started resisting really heavily” once they reached the back of the police van.
In the teenager’s statement to the authority he described jumping to avoid “smashing” his shins as he was “thrown in the van”.
“It is likely that, in attempting to release his right wrist from [the officer’s] grasp for the second time, coupled with the officers’ attempt to place him in the van, the threshold beyond which a restraint hold is capable of causing injury has inadvertently been crossed,” Johnston said.
“Had the arrest been lawful the level of force used to detain [the teenager] was not excessive, with [officers] using recognised restraint techniques.”
The authority found that “due to conflicting reports” it was not possible to demonstrate police made “any significant deviation from best practice” during the arrest.
Other police officers who were in the van gave evidence that they were “peripherally aware” of a scuffle but none of them witnessed what had occurred.
Johnston’s report on the authority’s findings recommended the police ensure consistent and regular training was delivered to staff enforcing alcohol bans.
In a statement, police acknowledged the authority’s findings.
“Whangamatā is subject to an alcohol ban during the New Year period under the Thames-Coromandel District Council’s Alcohol Control Bylaw made under section 147 of the Local Government Act 2022,” the statement said.
“This is to reduce alcohol-related harm and violence due to the seasonal population influx in this area over this period.”
The statement said part of the restrictions gave police powers to search without a warrant for the purposes of establishing the presence of alcohol.
“This includes searching vehicles that are in or entering the alcohol ban area.”
The statement said police had reviewed the authority’s findings regarding the vehicle stop.
Waikato District Commander Superintendent Bruce Bird said police acknowledged the findings and recommendations from the authority.
“[These] include having clearer operational orders which outline what powers can be used when policing alcohol bans, as well as further training as required for officers in this space,” Bird said.
“The officers involved in this incident were seeking to prevent alcohol-related harm and violence and were acting to enforce the alcohol ban.”
Maryana Garcia is a Hamilton-based reporter covering breaking news in Waikato. She previously wrote for the Rotorua Daily Post and Bay of Plenty Times.