Police Acknowledge IPCA's Parliament Protest Findings
Deputy Commissioner Jevon McSkimming:
Police
acknowledge the findings of the Independent Police Conduct
Authority
(IPCA), in relation to complaints received
about the protest and occupation
at Parliament in
2022.
The protest and occupation of Parliament grounds
in 2022 was an unprecedented
event in New Zealand and
presented one of the most significant policing
challenges
in decades.
Hundreds of police officers were deployed
across the duration of the protest
and occupation and I
am incredibly proud of the work that they did. They
were
faced with a level of violence and vitriol that we
have never before
experienced in New Zealand. They
exercised an extraordinary amount of
restraint throughout
the protest and occupation, including on 2 March
when
many officers had a genuine and warranted fear for
the safety of themselves
and their
colleagues.
Despite the provocation and violent
behaviour exhibited by some protesters
over the duration
of this event, the overwhelming majority of our
officers
did an exemplary job. There were a very small
number of incidents where we
didn’t get it right, and
where that occurred, we have acknowledged that
and, where
appropriate, taken steps to address it.
Of the 1,905
complaints received by the IPCA, it determined that 19
required
either a specific investigation or further
enquiries to be undertaken.
A further two complaints
were received following the publication of the
IPCA’s
general report regarding the protest and occupation in April
2023,
meaning that 21 specific complaints were considered
by the IPCA, in 17
separate investigations.
Across
these 17 investigations, the IPCA found the Police use of
force was
excessive in six instances. There was also one
adverse finding in relation
to the impoundment and damage
of a vehicle.
For ease of reference, I will set out
here our response to each of the seven
investigations
where there was an adverse finding regarding Police
actions,
using the title of each investigation as set out
in the IPCA report.
Investigation four:
The IPCA
found that Police were justified in arresting a man for
trespass,
however as he was not physically resisting
arrest with force, there was no
basis for the officer to
use any force during the man’s arrest.
While some
force can be used when persons are passively resistant
and
refusing to comply with instructions, how much force
is reasonable in any
situation is fact-specific. The
surrounding circumstances and subjective view
of the
officer concerned need to be considered when deciding what
is
reasonable.
Police accept that the force used in
this instance was not reasonable or
necessary in the
circumstances.
Investigation six:
This
investigation concerned the use of force by one officer on
three people
during their arrests on 10 February. The
officer restrained the heads of
these people and the IPCA
examined the techniques used by the officer.
The IPCA
found that the use of force by the officer in each of the
three
arrests was unnecessary and excessive, and made
specific recommendations in
relation to training and
governance.
Police accept these findings and work to
implement the IPCA’s
recommendations is under
way.
Police have confirmed that head control
techniques are not part of the
Initial Training
Curriculum at the Royal New Zealand Police College
(RNZPC),
and that the technique used in these three
arrests is not taught as part of
Police Integrated
Tactical Training (PITT).
The RNZPC will prioritise a
review of the Defensive Tactics Curriculum
training
module, to ensure all modules remain fit for
purpose.
The RNZPC is also working to ensure the use
of governance forums across all
training, to provide
assurance that training delivery is consistent across
all
forms of training and meets quality assurance
standards.
In addition, the RNZPC will look to create
an advisory committee consisting
of subject matter
experts and key stakeholders, focused on ensuring
best
practice and national consistency of defensive
tactics training. This
advisory committee will work to
understand and document the risks of specific
defence
tactics, and determine the appropriate approach and
mechanisms to
mitigate any risks
identified.
Investigation seven:
This
investigation related to use of force by an officer after a
protester
reached inside his body armour.
The IPCA
found the officer was entitled to use force to defend
himself in the
circumstances as he believed them to be,
however striking the woman in the
face was not reasonable
as he could have struck down on her arm to remove
her
hand from underneath his body armour.
The
officer in this instance was in the front line of Police,
facing a crowd
of hostile protesters. The officers were
in “single belt grip formation”
– that is, the
officer concerned was holding on to the belt of the
officer
to his right, with the officer to his left
holding onto his belt, so that
officers created an
uninterrupted line.
The officer has advised this left
him with only his left arm – his
non-dominant arm –
to defend himself when he felt the protester reach
inside
his body armour, and the compact nature of the Police line
meant any
movement to block the woman’s arm was
impractical, as well as leaving his
front exposed to
possible further assault.
Investigation eight:
This incident occurred on 22 February, when
officers were supporting the
movement of concrete
bollards. Police had begun to push protesters back
to
allow officers to move away from the area, after a car
was driven at a line
of officers and an officer was
shoulder-charged to the ground.
The complaint to the IPCA
concerned three uses of force against a man who was
not
complying with Police instructions to move away and fall
back.
The IPCA found that an officer’s first and
second use of force (reaching
through the Police line and
striking the man in his head; and reaching
through the
Police line and making contact with the man’s eye area)
were
unlawful, while a third use of force was in
self-defence, reasonable and
proportionate.
The
officer involved has advised he was extremely concerned for
the safety of
himself and his staff, given the events
that had already unfolded that
morning. He believed that
the man was encouraging others to obstruct police,
needed
to be arrested, and was actively resisting
arrest.
Investigation 13:
This investigation
related to an incident on 2 March where an officer
knocked
a phone from a woman’s hand and pushed her to
the ground, then used force
against a man who came to
assist the woman.
The IPCA found there was no
justification for officers to knock the phone
from the
woman’s hand or push her to the ground.
Police
accept that knocking the woman’s phone from her hand and
pushing her
to the ground was an unnecessary and
excessive use of force. Police have
apologised to the
woman for this.
In relation to the use of force
against the man who came to assist the woman,
the IPCA
found that while some force was certainly justified, two
punches to
the head in quick succession were an excessive
use of force.
The officer concerned has advised he
acted in defence of his colleague, who
he believed had
been assaulted by the man. The officer assessed the
risk
presented by the man and other protesters in the
area as high. The officer
was not in a position to arrest
the man, due to having to hold other
protesters back, and
he took the action he felt was commensurate with
the
threat to himself and his fellow
officers.
Investigation 14:
This investigation
concerned the use of fire extinguishers against
three
people standing on a column on Parliament grounds
on 2 March.
The IPCA found the officer’s use of the
fire extinguisher for a short
period was in self-defence
and justified, however he and other officers were
not
justified in further spraying the people after they had
turned their
backs and were trying to climb down from the
column.
As noted by the IPCA, the officer had seen
events unfold and deteriorate
throughout the day on 2
March. He had been assaulted by projectiles being
thrown
at him earlier in the day and had no helmet, other headgear
or shield.
The officer has advised he believed that
one of the people on the column had
a black metal pole
which could be used as a weapon against him or his
fellow
officers. The officer acted to protect himself and
his colleagues by
preventing the man throwing or
otherwise using the pole as a weapon to
assault
Police.
Investigation 17:
This investigation
related to the impounding of and damage to a car,
which
had been parked at the bus terminal.
On 2
March, Police deflated two tyres on this car and a number of
other
vehicles parked in the vicinity of Parliament, to
prevent vehicles from being
driven and used as weapons
against Police while they were still in the area
around
Parliament. Police also smashed three windows in the
car.
The IPCA found that while it was reasonable for
Police to deflate the car’s
tyres, there was no reason
to smash the windows.
Officers responding to the riot
around Parliament on 2 March have advised the
car windows
were smashed as they were tinted and officers could not
see
whether there was anyone in the car. This was done as
officers advanced on
rioters to clear Parliament grounds,
when officers had to ensure there was
nobody behind their
line as they advanced.
In relation to the impounding
of the car, the IPCA found it was unreasonable
of Police
to not allow the owner to retrieve her belongings from the
car on 4
March, and to not properly assess whether the
car could be released to the
owner that day. The IPCA
also found Police should have made further attempts
to
contact the owner before putting the car out on a public
road.
Police accept these findings and has apologised to the owner.
As with all major events, there are
lessons to be learned. Police continue
to improve our
practice based on the events that occurred during the
protest
and occupation of
Parliament.