A person complained to the IPCA after Police entered their home and used force to arrest them for failing to stop, damaging their door in the process. They raised concerns that Police unlawfully relied on section 8 of the Search and Surveillance Act to enter their house. Under section 8 Police may enter a house without a warrant to arrest someone if they have reasonable grounds to suspect the person has committed an offence punishable by imprisonment. Failing to stop for red and blue lights is not an imprisonable offence.
The Authority asked Police to apologise to the person and compensate them for the damage to their door. Police also agreed to remind all Road Policing staff in Waitematā about the limits on their powers of entry.
IPCA: 23-17565