Mum, daughter among family 'not properly clothed' when police unlawfully detained them

12:18 pm on 3 November 2020

The police conduct watchdog has found officers held a family for too long and the manner of detention was unlawful.

No caption

File image. Photo:

In the early hours of 9 February 2019, police were advised of a robbery, involving a firearm, at a bar in the east Auckland suburb of Pakuranga.

Later they were made aware of an attempted car theft nearby.

Soon after, the Eagle helicopter noticed two men, one of which had a firearm, and two women in the backyard of a house across the road from the site of the alleged car theft - they were brothers, a sister and their mother.

The Armed Offender Squad (AOS) was deployed and called the four family members out of the house and detained them. They eventually established that the family had not been involved in the robbery - one of the family members told the police he had seen someone run through their backyard and had gone outside with the firearm to see if anyone was there.

IPCA findings

The Independent Police Conduct Authority (IPCA) found the police had lawful grounds to detain the family but the lengths of time they were held - between approximately an hour and 13 minutes to an hour and 48 minutes - was unreasonable.

The authority ruled that placing the family in the back of police cars was unlawful and they should have been detained on the premises. It was also concerned how the mother and daughter was treated.

Authority chairperson Judge Colin Doherty said the police did not take "immediate, active steps to determine whether or not the family had been involved in the robbery.

"The delay in doing so and length of time they were held, was unreasonable. Additionally, the manner of detention was unlawful.

"We were also concerned as to the treatment of the mother and daughter. Having been roused from their beds, they were not properly clothed and were not offered anything with which to cover themselves."

Superintendent Jill Rogers, Counties Manukau District Commander, said police accepted the IPCA's findings into this matter and noted the officers were acting lawfully when detaining the occupants during the search warrant.

"We accept the manner in which these individuals were detained and the length of time this took place was not ideal and there are lessons that can be learned for our staff in future.

"It's important to note that our staff were acting with the best of intentions to keep our community safe. They were responding to information that a person was in possession of a firearm and they had to ensure there was no risk to the public.

"Our officers explained to these occupants why they were being detained and after the search was completed an attending officer apologised for any unease as a result of AOS attending the property," Rogers said.

Get the RNZ app

for ad-free news and current affairs