The Independent Police Conduct Authority received four complaints concerning Wellington Police officers obtaining a warrant and seizing vehicles for unpaid fines in 2022 and 2023. Upon review, the Authority found common themes arose which continue to be relevant to current Police practice.

The complaints arose following the commencement of ‘Operation Cobalt’. As part of this operation, Police used their legal power to apply for warrants to seize property for unpaid fines, specifically for the purpose of disrupting gang activity. The practice then transitioned into general policing, where the seizures did not always relate to gang activity. However, outside of Operation Cobalt, Police had no policy or instructions regarding the execution of the warrants for unpaid fines.

In three of the four cases we reviewed, officers lacked understanding of what is required when executing the warrants and they neglected to demand payment prior to seizing the vehicle. In doing so, they failed to comply with the requirements stipulated in the Summary Proceedings Act 1957, thereby making the vehicle seizures unlawful.

In early 2024, after our investigation commenced, Police updated policy to include the necessary guidance. Officers are now required to have bailiffs present unless there is urgency and/or good reason for Police to execute the warrant as part of a major event operation or criminal investigation.

The Authority recommends that, if Police wish to execute warrants to seize property for unpaid fines without the presence of bailiffs as part of major event operations or criminal investigations, Police should provide officers with specific training in the legal requirements for executing warrants and ensure that these are adhered to.

The Authority also found that it was unnecessary and unreasonable for an officer to execute one of the warrants for unpaid fines during the early hours of the morning.

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