Unlawfully detained: Man considers kidnap charges against military police after being 'forcibly' held in car

New Defence Minister Peeni Henare has received the complaint but has not responded to the Herald. Photo / Mark Mitchell

A man who claims he was unlawfully detained by military police officers has made a formal complaint to the new Minister for Defence demanding a full review of the incident.

And he is considering kidnapping charges against the soldiers, saying they "forcibly" stopped him from getting out of his car or leaving the area but had no power to do so.

The New Zealand Defence force denies the claim, saying their staff acted within the law and acted "appropriately" on the night.

On the night of May 7 the man - who has asked not to be named while he considers further legal action - was out driving with friends.

He stopped at the Kahuterawa Reserve in Linton.

Soon after arriving at the reserve, two military police officers approached the car and asked the driver to identify himself.

They had seen the vehicle earlier and suspecting the occupants were using drugs, checked the rego which came back to a member of the NZDF.

When they approached the car on foot, the man explained that the car belonged to a relative who was not present

The officers told the driver they suspected illegal activity and alerted police.

During a later search police found methamphetamine and a pipe on one of the passengers.

He was charged in relation to that, and the driver was charged with an offence under the Misuse of Drugs Act.

That charge was recently dismissed by a judge in the Palmerston North District Court.

The driver is now considering taking his own action against the military police officers, saying he and his passengers were "forcibly detained" and intimidated by the officers who stood on either side of the car "restricting" the occupants from getting out.

Military police have no power to arrest civilians outside NZDF-owned property.

"An officer was standing by each of the front doors … on three occasions I said I wanted to get out and the sergeant said 'no, stay in the vehicle'," the man told the Herald.

"I said 'you can't do this' and I said I wanted to leave and he said 'you can't leave, the driveway is blocked'.

"I asked if we were being detained and he said 'yes you are'.

"What happened to us has all the elements of kidnapping as defined in section 209 of the Crimes act 1961, and is punishable by up to 14 years imprisonment."

The man said he was threatened repeatedly with arrest and the officer told him that between the hours of 9pm and 6am he had "the same powers as a New Zealand Police constable".

In the past the driver has been known to police but has not been in any trouble since 2014.

Police charged the driver but the case was dismissed by a judge. Photo / NZME

He said he had no knowledge of any drugs in the car.

The driver said his issue was not with the police or court action - it was with the actions of the military police.

"That night we all felt we lost our rights as New Zealand citizens," he said.

"This incident was intimidating to all of us- alone at night in a secluded area far away from any help, it was dark and cold and here we have two military police personnel forcibly detaining us, and I mean forcibly as we all were not allowed to exit the vehicle.

"We were all fearful of what was about to happen.

The man is speaking to his lawyer about possible charges against the military police officers.

"I won't let it go - if I had detained two military personnel I'd be looking at 14 years in jail … they flouted the law and they are lying about it.

"They did detain us and they are not allowed to do that - end of."

Statements from the attending military police - a sergeant and a lance corporal - were provided to police - and to the driver as part of his court disclosure.

"At no time did I inform any of the occupants they were under arrest or detained and they were not administered their bill of rights and caution," the sergeant stated.

The man has asked Defence Minister Peeni Henare for a "thorough and complete inquiry into this matter".

A spokesperson for Henare confirmed the complaint had been "lodged" and a response would be provided "in due course".

New Defence Minister Peeni Henare has received the complaint but has not responded to the Herald. Photo / Mark Mitchell

The Minister's office did not respond to the Herald.

The NZDF provided a written response from a "spokesperson".

They confirmed military police only had jurisdiction over civilians who were on defence property.

"If not on defence property then NZDF Military Police can effect a citizen's arrest in the same way that other members of the public can," said the spokesperson.

"The four occupants of the vehicle were requested to remain within the vehicle for safety reasons until police arrived, which they did.

"At no point were the occupants of the car detained or arrested by military police.

The spokesperson said the incident was "handled appropriately"and military police "followed the mandated procedures for calling police".

"(They) then waited with the vehicle until police arrived and remained courteous and professional in their dealings with the vehicle occupants throughout the entire process," they said.

Photo / NZME stock

The spokesperson confirmed no review would be carried out into the incident at this stage.

They said it was "regrettable" the man felt intimidated and trapped by the military police.

"However the NZDF has confidence that the military police involved on the night acted professionally and did not act outside their authority," they said.

"Any further action taken was a matter for the police."