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Mana Whanonga Pirihimana Motuhake

Interference in family dispute and unlawful arrest by officers in Counties Manukau

6 August 2020

The Authority oversaw a Police investigation where it was alleged officers interfered in a dispute about a Family Court order. The complainant alleged that officers visited his home, threatened to uplift his child at midnight, and then arrested him for obstruction after the complainant remonstrated with them about the terms of the Order. The complainant also alleged one of the officers kicked him to the ground during the arrest. After the complainant was arrested, the child was collected from the complainant's home by the other party to the Family Court order.

The Police investigation found that the officers inappropriately involved themselves in the family dispute. Police found that the officers acted unlawfully when they enforced the Order. The officers were found to have no grounds to arrest the complainant for obstruction.

Police found there was insufficient evidence to prove that one of the officers kicked the complainant to the ground during the arrest.

Police apologised to the complainant and the officers' actions were addressed through an employment process which applied the appropriate outcome. The Authority agrees with the findings and outcome of the Police investigation.

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