Author: Selwyn Manning

The Independent Police Conduct Authority is investigating allegations of misconduct by former Deputy Commissioner Jevon McSkimming, following a complaint from a member of the public.

This comprises oversight of a Police investigation into whether there has been any criminal wrongdoing by Mr McSkimming and a review of whether there has been any related non-criminal misconduct.

In addition, the Authority is conducting an independent investigation into whether there has been misconduct or neglect of duty by any other Police officer or employee in the course of responding to the allegations.

The Authority will be making no further comment on these investigations until they are concluded. They are being given priority, but no timeframe for their completion date can be given.

The Independent Police Conduct Authority has found that Police largely acted within their powers when dealing with a group of young men who were being disorderly in Beachlands on 11 November 2023.

After attending a couple of parties, the young men were moving around the central area of Beachlands in a disruptive manner. At around 3:00am, a resident called Police to complain a group of intoxicated men were tipping over rubbish bins and being verbally abusive.

Three officers initially responded, with nine other officers arriving to assist during the hour-long incident. Officers described the young men as being extremely intoxicated, fighting amongst themselves, and being belligerent towards Police. Officers used a variety of tactics to attempt to control and defuse the situation. Five of the young men were arrested; one was charged with fighting in a public place and assaulting Police, and the other four were given formal warnings.

The Authority conducted an independent investigation into the matter and is satisfied that Police acted within their powers and used reasonable and justified force to take the young men into custody.

One of the officers kicked a young man in the vicinity of his head while he was handcuffed and lying on the ground. The Authority was not convinced the officer gave a complete account of his recollection of the incident. However, on the evidence, we could not conclude that the kick was intentional. The officer has since resigned from NZ Police.

Officers failed to follow the correct process when issuing the formal warnings. Therefore, the formal warnings were invalid. As a result of the shortcomings regarding this process, the formal warnings were set aside and messaging was disseminated to Police staff to ensure compliance with policy.

Public Report 

Police respond to disorderly group in Beachlands (PDF 385 KB)

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.

Public Report

The Independent Police Conduct Authority has found that a custody officer used unjustified force on a male prisoner in the Counties Manukau Custody Unit.

On 14 November 2023, a 19-year-old man was received into the District Custody Unit at Manukau. While in a holding cell, he began banging his head backwards against a concrete wall. Custody officers told him to stop and warned him that he would otherwise be placed in a restraint chair. However, the man banged his head a further three times.

While a restraint chair was being prepared, Custody Officer A went into the cell alone and pulled the man to his feet. The man resisted and moved into a corner of the cell, where Custody Officer A struck him while attempting to restrain him.

Two other custody officers entered and assisted in removing the man from the cell. As they escorted him towards the door, Custody Officer A punched the man in the face, saying that he believed the man was about to spit at him.

We found that custody officers should have made further attempts to stop the man from banging his head before looking to use a restraint chair, which should only be used as a last resort. Custody officers also failed to seek authority from a supervisor before using the restraint chair, as is required by Police policy.

We found that Custody Officer A should not have intervened on his own as there was no immediate threat to the man’s safety, and that it was unreasonable and unjustified for him to strike the man while in the corner of the cell.

Custody Officer A was justified in using force to stop the man from spitting at him. However, by punching him in the face, he used excessive force to do so.

Police completed their own investigation. They concluded it was not in the public interest to charge Custody Officer A but conducted a disciplinary process regarding his use of excessive force. We agree with this process and outcome.

The Authority completed its investigation in July 2024 but was obliged to wait for Police processes before publishing its report.

Public Report

On 26 April 2024, Police began a brief pursuit of a stolen Ford Courier ute traveling south from Levin on State Highway 1, because it had been involved in an aggravated robbery in Ōtaki. The pursuit was abandoned promptly due to the excessive speed.

Subsequently, the ute was observed driving north in the southbound lane of the expressway. The ute ultimately collided head-on with a Toyota Fortuner SUV north of Ōtaki. The driver of the Ute, 16-year-old Reihana Hawea, was pronounced dead at the scene. Another passenger, Tama Whakarau, later succumbed to injuries at the hospital, while a third passenger sustained serious injuries but survived the incident. The four occupants of the Toyota Fortuner sustained injuries ranging from serious to moderate, but all survived.

The Authority conducted an independent investigation, which concluded that, overall, the Police managed the fleeing driver incident appropriately. Notably, the Police considered closing the road to minimise risks to other road users. However, this option was ultimately deemed unfeasible given the circumstances.

We identified some minor breaches of the ‘Fleeing driver’ policy, including:

• Officer B, who was a crew member in the leading pursuit vehicle, should have managed the radio communications;

• Officer D should not have followed the fleeing vehicle with his warning lights activated, as this briefly recommenced the pursuit; and

• Officer A should not have activated his warning lights without first obtaining permission from the pursuit controller.

The Authority is recommending that Police amend their ‘Fleeing driver’ policy to specify that when a Police vehicle is carrying crew members, those crew members are responsible for managing Police communications during pursuits.

Public Report

Fatal crash following Police pursuit near Ōtaki (PDF 625 KB)

The Independent Police Conduct Authority has found that a Police officer was unjustified in ramming a man with his patrol car and punching him seven times, after the man used a skateboard to smash the patrol car’s windscreen and window. Both the officer and the man were injured.

The incident occurred on 9 March 2023, when two officers went to an apartment complex in Whitianga to arrest the man for aggravated robbery. One officer drove to the scene while the second approached on foot from another direction. As the first officer drove into the carpark, the man walked towards him, yelling and raising his skateboard before striking the windscreen and the driver’s window.

The officer was covered in shattered glass which got into his eyes. He said he feared for his life. Although he initially started driving away, he decided to turn back. He says he did this out of concern that the man would attack the second officer. Upon seeing the man again walking towards him holding the skateboard, the officer rammed him with the patrol car. The man became airborne before landing between the car and a fence. The officer then got out of his car and punched the man seven times in the head area before the second officer arrived and handcuffed the man. The incident was captured on CCTV.

Police charged the man with intentional damage and intentionally injuring the officer. On 12 June 2023, the man was convicted on both charges.

Police also charged the officer with common assault and assault with intent to injure. The case was tried before a judge and jury on 16 May 2024, and the officer was acquitted.

While the Authority accepts that the officer acted in defence of himself and the second officer when ramming the man with his car, we found that the officer’s response was a disproportionate and unjustified use of force, considering that the slightest miscalculation or loss of control could have resulted in a fatality.

In respect of the punches, the Authority did not accept that the officer genuinely believed the man still posed a threat. This use of force was, therefore, also unjustified.

Public Report 

Use of Police vehicle as a weapon and punching in Whitianga unjustified (PDF 408 KB)