The Independent Police Conduct Authority has found that police did not use excessive force while detaining a youth (Mr Z) in Whangamatā on Saturday, December 31, 2022.

However, the authority found that police, although acting in good faith, had no lawful basis to stop the car the youth was travelling in, and did not comply with the provisions of the Local Government Act 2002.

“Mr Z was travelling in a car with three associates when it was stopped by police,” said a statement released by the IPCA on Tuesday.

“After being stopped, Mr Z and other occupants were found to be in breach of an alcohol ban that was in force at that time, with officers purportedly utilising powers contained within the Local Government Act 2002 to take enforcement action.

“Mr Z was arrested for refusing to provide his details and an attempt was made to escort him to a nearby police vehicle. Video footage of the incident shows Mr X pulling his arm forcefully from the grip of an escorting officer before it is brought back under control.

“The authority is satisfied that a reasonable level of force was used to detain Mr Z and that the injury he sustained was an unfortunate consequence of his interaction with police. However, there was no lawful basis to arrest Mr Z, or use force for that purpose, as the suspected breach of alcohol ban stemmed from an unlawful vehicle stop.”

Following the IPCA’s report, police released a statement accepting the authority’s findings.

Whangamatā is subject to an alcohol ban during the New Year period under the Thames-Coromandel District Council’s Alcohol Control Bylaw made under section 147 of the Local Government Act 2022, said a police spokesperson in a statement.

“This is to reduce alcohol-related harm and violence due to the seasonal population influx in this area over this period.

“Part of those restrictions give police several powers to search without warrant for the purposes of establishing the presence of alcohol, and this includes searching vehicles that are in or entering the alcohol ban area.”

Police have reviewed the findings in relation to the vehicle stop and have noted the legal provisions under sections 113 and 114 of the Land Transport Act 1998, said Waikato District Commander Superintendent Bruce Bird.

“Police acknowledges the findings and recommendations from the IPCA, which include having clearer operational orders which outline what powers can be used when policing alcohol bans, as well as further training as required for officers in this space.

“The officers involved in this incident were seeking to prevent alcohol-related harm and violence and were acting to enforce the alcohol ban.”