Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Police closure of private party and use of force unlawful

EMBARGOED: 12 NOON THURSDAY 17 OCTOBER 2013

Authority finds Police closure of private party and use of force in doing so unlawful


An Independent Police Conduct Authority report has found that Police acted contrary to law in entering a private residence on Homebush Road, Khandallah, Wellington in the early hours of 5 September 2009.

The Authority today released the results of its independent investigation into the actions of members of the Tactical Policing Unit who shut down the private party using unnecessary, excessive force in the process.

The Authority received ten complaints from partygoers about the actions of Police the nature of which ranged from Police forcing entry to the house, to allegations that Tactical Policing Unit officers used batons to strike people at the party and forcibly removed them from the house by pushing, shoving and manhandling them.

The Authority also received two subsidiary complaints about the leaking of a preliminary Police report to the media and alleged dishonesty in accounts recorded in documents by specific officers.

Independent Police Conduct Authority Chair Judge Sir David Carruthers said today although the Tactical Policing Unit was responding to a call from a partygoer concerned about the behaviour of gatecrashers, the decision to close the party down was contrary to law.

“The force used to remove partygoers from the house in an effort to shut down the party was also excessive and contrary to law.

“The action of a Tactical Policing Unit officer in striking one of the partygoers with a baton, using excessive force, was also contrary to law. Medical records show that this young man sustained a displaced fracture of the C7 spinous process, or a broken neck, as a result of the officer’s action,” Sir David said.

In addition to the main investigation, the Authority conducted a subsidiary investigation which examined the unauthorised disclosure of the Police preliminary report which was sent by an office administrator at Police National Headquarters to a media outlet.

The Authority is satisfied that no one else was involved in posting the report to media and that the disclosure of the report was carried out in an effort to discredit a complainant. As the administrator had left the Police when this matter was discovered, no further action was taken by Police.

The Authority is also satisfied that three of the officers involved in shutting down the party did not deliberately lie or make false declarations in their job sheets and Briefs of Evidence as alleged by one complainant.

In releasing the report Sir David said the Police’s failure to conduct a robust, thorough and timely investigation was unjustified, unreasonable and unfair.

“Not only have the complainants waited over three years for an outcome, the officers involved have also had this matter outstanding for the same amount of time which has affected them personally and in some cases professionally. Such a delay is inexcusable,” Sir David said.

“As a result of this incident, and others reported to the Authority concerning Police actions when dealing with parties on private property, the Authority notes that public order policing needs to be urgently reviewed. The way in which Police should deal with private parties considered to be out of control, and the powers available to do so, need to be specifically addressed in this review.

“The Authority has begun discussions with Police around these issues and Police are in the process of drafting policy to comprehensively address these matters.”

In undertaking its investigation the Authority reviewed and analysed the entire Police file relating to closure of the Homebush Road party in order to properly examine and determine the individual complaints. Interviews with complainants, witnesses and Police were also conducted.

The Authority is an independent oversight body concerned with receiving complaints against the Police. In this instance the Authority’s investigation considered Police policy, practice and procedure in relation to complaints received relating to the closure of the party on 5 September 2009 and the subsequent events that followed.

A full copy of the Independent Conduct Authority’s report into the closure of the Homebush Road party is attached and will also be available on our website at midday – www.ipca.govt.nz

ENDS

IPCA_70_Homebush_Road.pdf

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Last Night’s Debate, And The Collins Accusation

Debating is a peculiar discipline in that what you say is less important than how you’re saying it. Looking poised, being articulate and staying on topic generally wins the day – and on that score, Labour leader David Cunliffe won what turned out to be a bruising encounter with Prime Minister John Key last night on TVNZ.

Cunliffe marshalled his points better, kept Key off balance and – more often than not – was in control of the general tenor of the contest. Labour supporters would have been heartened, and given some belated reassurance that maybe the change of leadership last year had been the right decision. More>>

 

Parliament Today:

Gordon Campbell: On Winston Peters' Latest Bout Of Immigrant Bashing

It is only one poll, but rather than cannibalising each other's vote, Colin Craig and Winston Peters do seem to be managing to find the room to co-exist... Few are questioning how Peters got to this happy place, and what it says about the mood of the electorate. More>>

ALSO:

More Immigration News: First People Trafficking Charges

The first people trafficking charges in New Zealand have been brought by Immigration New Zealand (INZ)... The defendants have been charged under the Crimes Act 1961 for arranging by deception the entry of 18 Indian nationals into New Zealand. More>>

Collins 'Misinterprets Media Reports': "Too Compromised To Remain Justice Minister"

Bizarre claims by Judith Collins this morning that she had been cleared of inappropriate behaviour by the Privacy Commissioner demonstrates she is too compromised to remain Justice Minister, Labour MP Grant Robertson says. More>>

ALSO:

Labour On Climate Change: Focus On The Now For The Future

A Labour Government will put in place a comprehensive climate change strategy focusing on both mitigation and adaptation, establish an independent Climate Commission and implement carbon budgeting, says Labour Climate Change spokesperson Moana Mackey. More>>

ALSO:

Gordon Campbell: On National’s Housing Assistance Plan

So, as many as 90,000 people could derive some benefit from National’s housing assistance plans for low and middle-income earners... Yet in reality, the benefits seem likely to be insignificant, and they will be skewed towards those at the top end of the income group that’s supposedly the target. More>>

ALSO:

Election Data Consortium: National’s Worst Case Scenario At Stage One?

A month out from the general election and ipredict traders are still forecasting National’s vote to slip below current polling levels and there is potential for it to fall further. More>>

ALSO:

From The Scoop Video Archive: PM Says SIS "Told Me" About OIA Release

In a press conference immediately following an controversial OIA release of notes on an SIS briefing to then Labour leader Phil Goff, Key said "at that point [Tucker] told me he'd release it ...". Since the release of Nicky Hager's 'Dirty Politics' Key has denied being personally informed and said references by officials to 'the PM' being told briefed referred to his office. He now says the same about his own statement. More>>

ALSO:

  • Scoop Video in the news - New questions over Key claims | NZ Herald News - Stuff.co.nz
  • Earlier - Felix Marwick: Laying out facts over SIS documents - Newstalk ZB
  • Labour - Director’s letter contradicts Key’s claims
  • ACT - The Letter - 26 days to go
  • TV3 Video - Housing issue nudges Dirty Politics aside - David Cunliffe: Key's SIS explanation 'defies belief' - SIS leak came from Key's Office - Goff - Key 'categorically denies' Slater OIA discussion - Video: Key faces more Dirty Politics questions

  • TVNZ - Winston Peters: ‘Dirty Politics' is a new low
  • The Nation - Debate Between Grant Robertson And Russel Norman
  • NZ First - “The Words Mean What I Say They Mean”
  • Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news