Officers exceeded authority in removing car keys
The Independent Police Conduct Authority has found that officers in Hamilton exceeded their authority when they removed the car keys from a youth in Hamilton.
At about 3.00am on 17 September 2023, two Police officers in Hamilton approached a 17-year-old youth who was in the driver's seat of a car parked on a driveway. The officers were completing crime prevention activities and requested the name and address of the youth.
The youth was abusive towards the first officer, although he supplied his details and handed over his driver's licence. Apparently because the youth continued to be abusive, a second officer reached in and took the car keys, which were sitting either on the central console or driver's seat. The youth tried to stop this, and a struggle developed, during which the youth struck out at the officer.
The youth was overpowered and placed on the ground in handcuffs. He was charged with assaulting and resisting Police along with a charge relating to a knife found in his vehicle. Police later said that they took the car keys pursuant to section 121 of the Land Transport Act 1998 because they considered the youth was incapable of having proper control of vehicle due to his mental condition.
We concluded that the officer was not entitled to rely on this section as the circumstances did not meet the required threshold. We accepted that the force then used by the officers was reasonable and justifiable after the youth struck out at an officer.
Charges brought against the youth were dismissed in December 2024 due to delays.
The Authority's investigation was completed in March 2024, but we were obliged to wait for the court process to be resolved before publishing our report. We have recommended Police develop a nationally consistent approach to s121 Land Transport Act 1998.
