Use of force following off-duty intervention justified
The Independent Police Conduct Authority has found the use of force by an off-duty officer was justified but breached policy.
On 7 February 2024, in a small rural community within Waitaki district, Mr Z drove his car onto the forecourt of a petrol station. He was followed by a marked Police car containing an on-duty officer (Officer B), and a private car containing an off-duty officer (Officer A).
Officer A was the sole-charge officer of the community. He recognised the car Mr Z was driving from footage he had seen recently of the car doing burnouts on the local golf course. Because Officer A was off duty, he asked Officer B to stop the car.
At the petrol station forecourt, Officer A intervened in taking over the interaction between Officer B and Mr Z. Officer A informed Mr Z he was impounding Mr Z’s car, as CCTV cameras at the local golf course had captured the car performing burnouts six days earlier. Mr Z protested and a scuffle ensued during which Officer A:
• placed one hand on Mr Z’s chest and pushed him backwards; and
• grabbed Mr Z’s arm, took him to the ground and put his knee on Mr Z’s back before Officer B applied handcuffs.
Mr Z was arrested and charged with threatening behaviour and resisting Police.
Mr Z complained to us about Officer A’s conduct – specifically, the decision to impound Mr Z’s car and the use of force.
We independently investigated Mr Z’s complaint and found:
• Officer A was justified in deciding to impound Mr Z’s car.
• Officer A’s use of force (a push and force used to restrain and handcuff Mr Z) was justified.
• Officer A’s off-duty intervention breached policy.
Police completed their own investigation and concluded the officers acted lawfully.
The reporting of this matter has been delayed due to the court process relating to Mr Z.
Public report
Use of force following off-duty intervention justified (PDF 603 KB)
