The Independent Police Conduct Authority has found that the detention and handcuffing of two children in the Napier township on 14 November 2023 was unjustified. We also found that the force used by one of the officers in restraining one of the children within the Oranga Tamariki office was excessive.

Officer A, a senior youth aid officer, was patrolling in her vehicle within the centre of Napier when she came across eleven-year-old Child Z, running down the street, kicking over rubbish bins, yelling and looking upset. Having also received a report over the radio, Officer A drove down the street and parked next to Child Z to speak with her. The circumstances made Officer A feel unsafe, so she remained in her vehicle and called for backup. Child Z ran away.

Officers B and C arrived with limited knowledge of the situation. When Officer B saw Child Z’s twelve-year-old brother, Child Y, he thought Child Y was somehow connected with the reported incident, so detained and handcuffed Child Y. Officer B then searched Child Y in the Police database and found he was subject of a custody order. He continued to detain Child Y to return him to Oranga Tamariki. Officer C thought that Child Y was being arrested for disorderly behaviour.

Not long after, Child Z ran past and confronted the officers about their detention of her brother, whereupon Officers B and C detained and handcuffed Child Z.

Officer A arrived and took the children to the Oranga Tamariki office (equipped with CCTV cameras). After removing Child Z’s handcuffs Officer A was spat at by Child Z in the presence of two social workers. The footage shows Child Z turning her back and taking a couple of steps back after the spit. Officer A, in response, initially grabbed Child Z by the throat momentarily, before then wrapping an arm around the top of Child Z’s torso and forcefully pushing Child Z headfirst into the wall. Officer A then restrained Child Z in a chair for about a minute before releasing her and leaving.

The Authority found that although Officers B and C were acting in good faith, they had no lawful grounds for detaining the children. Police have accepted our recommendations that they carry out additional training with the officers and update relevant policy.

The Authority also found that Officer A’s use of force towards Child Z to defend herself was excessive and therefore unjustified in the circumstances. There was no further imminent threat from Child Z after she spat, and Officer A could have used minimal force to redirect Child Z, before leaving her in the care of the social workers. While we have found the force was excessive, we have not recommended a criminal prosecution nor an employment process in this instance.

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