The Independent Police Conduct Authority has found that Police in Hawkes Bay unlawfully entered a house to arrest a man for breaching bail.
During the evening of 14 July 2024, seven Police officers went to a house in Flaxmere to arrest a man for breaching his electronically monitored bail. At the front door, officers told the man he was under arrest. The man denied breaching bail and refused to cooperate with the officers, trying to shut the door. Officers then entered the house, relying on a power they believed was available to them under section 7 of the Search and Surveillance Act 2012; they considered the man had been arrested and was therefore deemed to be unlawfully at large when he refused to come out of the house.
We found this power was not available in this case, as officers had not effected the arrest of the man as he stood inside the house (police had no lawful power to enter and complete the arrest). Police should have applied for an arrest warrant, under section 37 of the Bail Act, if they suspected entry to the house would be required to complete the arrest.
The issues in this case are not isolated. From other complaints we receive, there is widespread misunderstanding by officers of section 7 of the Search and Surveillance Act, and the powers available when arresting someone for breach of bail or arresting someone while they are inside private property.
In this case we also found that initial force used against the man was unjustified because the first Police entry into the house was unlawful. Later force, and subsequent entry to the house, was lawful and justified because officers believed there was risk to the man's life.
The Authority recommended Police deliver training on this issue to frontline staff across all districts and to consider how officers can obtain a warrant to arrest when outside of Court hours.
Public Report
