Police use incorrect power of arrest at Auckland
The Independent Police Conduct Authority has found that Police at Auckland were justified in detaining a man although they relied on the wrong power of arrest.
On 2 July 2024, an Auckland man, Mr Z, complained to the Authority about his treatment by Police when they responded to the death of his girlfriend on 28 April 2023. We conducted an independent investigation.
We established that at about 4.30pm on 28 April, Police were called to an eight-storey apartment building in central Auckland where a deceased woman was located at the bottom of an atrium. Early indications were that the then unknown woman had fallen from an internal balcony.
Mr Z, the partner of the woman, returned to their apartment at about 4.45pm having no knowledge of the incident. When he discovered her death, Mr Z became highly emotional and tried to leave the building and area.
Attending officers, who were trying to establish what had occurred, tried to talk to Mr Z but found his behaviour to be erratic, uncooperative and aggressive. An officer then arrested Mr Z for obstruction. He was placed in handcuffs and later transported to the Auckland Custody Unit.
Custody officers were worried about Mr Z and arranged an assessment by the mental health team, who validated the concerns of Police. Mr Z was eventually released without charge, once a family member arrived to collect him. He had been detained for about five and a half hours.
The Authority found that Police were not justified in arresting Mr Z for obstruction but would have been justified in detaining him for the purpose of a mental health assessment. The Authority also found that Mr Z's treatment while in custody was appropriate.
Regarding the death, Police concluded there were no suspicious circumstances and referred the matter to the coroner. The Authority acknowledges the death of a woman, and we extend our sympathy to the parties involved.
