Police acknowledge the findings of an Independent Police Conduct Authority (IPCA) report which determined that the pepper spraying of a man, and the man’s subsequent arrest, were unlawful.
The incident occurred on 16 April 2017 in Porirua, after a police officer stopped a car on a petrol station forecourt, intending to check the sobriety of the driver.
As the officer walked toward the driver’s window, the front seat passenger got out of the car and began to walk towards the petrol station. The man ignored the officer’s requests to get back in the car and a confrontation occurred between the two, during which the officer pepper sprayed the man. The officer then arrested the man for obstructing police.
The IPCA found that the officer had no lawful power to stop the man; a passenger from exiting the car and walking to the shop, and that the subsequent arrest for obstructing Police was unlawful.
The IPCA also found that the use of pepper spray was unjustified.
Police have investigated this incident and an employment investigation was undertaken into the officer’s actions. The outcome of that investigation is an employment matter and Police are unable to comment further for privacy reasons.
“We set high standards for ourselves in NZ Police and strive to deliver policing to those high standards,” says Inspector Chris Bensemann, Acting Wellington District Commander.
“Unfortunately there were mistakes made during this incident, which we can learn from.”
All charges laid against the man involved in the incident were withdrawn in November 2017.
ENDS
Issued by Police Media Centre