The Authority oversaw a Police investigation into a complaint that officers unlawfully arrested and used excessive force against a protestor during a pro-Palestine protest in Ōtautahi Christchurch. The protest group were demonstrating outside a restaurant where the National Party caucus were dining. Party members used buses to leave the area at the conclusion of their function.
As the buses left, some protestors ran in front of them and blocked the road. Police officers present warned the protestors to get off the road, or else be arrested. A protestor then ran across a pedestrian crossing and remained in front of one of the buses. Officers arrested the protestor, pulling them off the road and restraining them using a headlock. Once handcuffed, the officers escorted the protestor to a patrol car. As a result of the arrest, the protest group started to surround and follow the arresting officers and handcuffed protestor. Police then formed a line to separate the two groups, with officers having to push protestors back. Once the arrested protestor arrived at the patrol car, they were advised that they would receive a formal warning before being released without charge to their home address.
The Police investigation found that the arrest of the protestor was lawful and that the officers’ use of force in restraining them was reasonable and justified. However, Police identified that there were no grounds to issue a formal warning in the circumstances, with no warning ultimately being given to the protestor.
The Authority found that the Police investigation was conducted appropriately and we agree with their findings. In balancing the rights of the protestor and of those who were obstructed on the road, we found that it was reasonable for officers to effect an arrest after issuing the necessary verbal warning. The protestor offered some resistance when arrested, for which the use of the headlock was not unreasonable or excessive in the circumstances.
Police also agreed with the Authority that one instance of an officer pushing another protestor back from the Police line was unjustified. The push did not warrant a criminal charge, however Police carried out a confidential employment process in respect of the officer.
The Authority is satisfied with the process undertaken by Police and agrees with the outcome reached.
IPCA: 24-21297