Police disagrees with a ruling in an IPCA report which says that entry into a property in Palmerston North last year was unlawful, and therefore its subsequent ruling that use of force inside the property was also unlawful.
Police went to the property early on the morning of 8 November 2020 to execute an arrest warrant on a youth suspected to be staying at the address.
The IPCA states there was not sufficient evidence for Police to be able to form a reasonable belief the individual sought was at the premises, therefore that the entry was unlawful.
Police disagrees with this assertion.
“Police carefully assess all information available to them when determining the lawful right to enter a property, before proceeding,” says Superintendent Scott Fraser, Central District Commander.
“We are satisfied officers did so in this instance, and had formed a reasonable belief the individual sought was at the premises.”
During the incident, one of the individuals (Mr Y) sought by Police resisted arrest, punching, kicking and spitting at officers.
Police agrees with the IPCA’s assessment that the force used on this individual was in itself justified, due to his assaultive behaviour.
“As we believe officers entered the premises lawfully, it is Police’s opinion that the use of force in this instance was also lawful,” Superintendent Fraser says.
We also acknowledge the report’s findings that Officer A used inappropriate language and was unprofessional when speaking with Mr Y.
An appropriate employment outcome was reached with Officer A.