Police 'unreasonably' seize vehicle during operation, IPCA finds
Photo:
RNZ / Angus Dreaver
The police watchdog has found Wellington officers unreasonably seized a vehicle in the early hours of the morning during an ongoing police operation against gangs.
Four complaints were made in 2022 and 2023 during Operation Cobalt, which aimed to disrupt gang activity by using police powers to apply for warrants and seize property for unpaid fines.
In its report, the Independent Police Conduct Authority (IPCA) found police failed to follow the law and didn't understand to properly execute warrants regarding three of the cases reviewed.
In one of the cases, officers were searching for a woman suspected of stealing petrol and her car had been involved in multiple offences over previous months.
Police wanted to prevent her from re-offending that evening and found her vehicle at her partner's grandmother's house.
The woman wasn't there but the car was so police had the vehicle towed at 1:30am and searched the house for the key when her partner didn't comply.
It found police failed to ask for payments before a vehicle was seized, which made three of the seizures unlawful because demanding payment is a legal requirement.
Some of the complainants expressed concern about not being given information on the seizure at the time the warrant was executed.
In two cases, the officers told the complainant the vehicle was to be seized about 10 minutes before they had even got the warrant that would allow them to so.
The report said officers should have warrants before telling someone their property or vehicle was being seized so complainants have legal information they're entitled to.
The summary said none of the officers considered clamping the vehicles, which could have prevented an unnecessary disturbance such as the case where a woman's car was located at her partner's grandmothers place.
The IPCA recommended police have specific training in the law around executing warrants if there's no bailiff present.
Police have acknowledged the findings and have addressed the recommendation by requiring a bailiff to be present during seizures.
Only exception would be unless there is urgency and/or good reason for police to execute the warrant as part of a major event operation or criminal investigation.
Police said in March 2024 it updated its search instructions for officers so they knew and understood their obligations.
The other recommendation was for police to propose to the Minister of Justice that the form of the 'Warrant to Seize Property for Unpaid Fines' be amended accurately to better reflect the law.
Police said it was in the process of engaging with the Ministry of Justice to update an internal form used by officers to accurately reflect the scope of search and seizure powers.
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