The Independent Police Conduct Authority has found that Police should have sought advice on safeguarding a yacht before arresting its master and abandoning it at sea.
On the afternoon of 2 December 2024, the master of a 52-foot ketch (Mr X) made a mayday call off the Far North Coast of the North Island, reporting that he had been stabbed by his crew mate (Mr Y). In the hours that followed, Police organised their response, locating the yacht shortly after 8pm about ten nautical miles offshore.
Mr X and Mr Y were compliant when Police arrived. However, the Police team leader was concerned about the mental health of both men and the condition of the ketch. For these and other reasons, both men were arrested on existing arrest warrants and returned to shore, leaving the yacht adrift.
Mr X later complained about the decision to abandon his yacht and not allowing him to retrieve some of his property before it was set adrift. He also complained that he and Mr Y were not provided with lifejackets on the trip to shore and that Police failed to deal with them appropriately while in custody at the Whangārei Police Station.
The Authority found that the arrests of Mr X and Mr Y were lawful, but Police should have done more in the planning stages to mitigate the loss of the yacht if it were to be abandoned, and to enhance the chances of its recovery. The Authority also thought more consideration should have been given to allowing Mr X to retrieve some of his property, although we accept the circumstances were hazardous and reboarding the yacht may not have been without risk.
The officers did not provide the men with lifejackets. Police say that in the circumstances, the risks in removing the handcuffs from both men, to fit them with lifejackets, outweighed the risks in not doing so. We disagree with this assessment and find that not fitting the men with life jackets involved unnecessary risk. We also found that Police should have arranged mental health assessments for the men while they were in Police custody and more should have been done to deal with Mr X's complaint against Mr Y in relation to the alleged assault.
Mr X's yacht was his home and contained all of his possessions. Although considerable effort was made by Mr X to find his yacht in the days that followed, it has not been located.