Latest news with #AlWilliams
RNZ News
3 days ago
- General
- RNZ News
Cop who stomped on man during South Auckland arrest resigns, avoids prosecution after police investigation
By Al Williams, Open Justice reporter of Photo: RNZ / Richard Tindiller Police decided not to charge an officer who stomped on a man during an arrest, saying that despite having enough evidence to prosecute, it wasn't in the public interest to do so. The alleged assault happened during a family harm callout at a home in Ōtara, South Auckland in 2023. According to a summary from the Independent Police Conduct Authority (IPCA), two police officers were trying to handcuff the man but he resisted by keeping his arms at his sides. He was then tackled to the ground and punched by one of the officers. When the man tried to get to his feet, the same officer used his knee to strike the man in the head, before later stomping on his torso. "CCTV footage captured footage of the man's arrest and the force used against him," the IPCA said. The man's pregnant partner, who was watching on and threw pot plants at the officer to try to stop the assault, was also arrested. She claimed she was "man-handled" while handcuffed, causing her to fall belly-first down concrete steps, and that she was struck on the back of her neck. A complaint that police used excessive force when arresting the couple was later laid. The officer resigned during the investigation, which eventually found allegations excessive force was used on the woman were unsubstantiated. However, there was evidence regarding the alleged assault on her partner. "There was sufficient evidence to charge the officer with assaulting the man. However, police determined it would not be in the public interest to prosecute the officer." The IPCA, which oversaw a police investigation into the incident, said in its summary it agreed with the police findings and "overall accepts the outcome reached". Counties Manukau district commander Superintendent Shanan Gray said police assess each report pursuant to the Solicitor General's prosecution guidelines, which include a public interest test, among other criteria. "When there is sufficient evidence to prosecute, police will not hesitate to do so. However, only after determining that that is the most appropriate outcome for a specific situation." When NZME asked police what factors went into deciding what cases were in "the public interest" when it came to prosecuting an officer, police said there was no further comment and the factors were "available online". The two officers were called to the family harm incident on 7 November 2023. When they got there, they spoke to the couple before escorting the man outside the building and arresting him. The man initially complied with the officers' instructions while calling out to his partner, who was on the second-floor balcony of the building and watching events unfold. His partner tried to verbally interject as he was punched and kneed before throwing a clay plant pot, which hit the officer on the back. Both officers then tried to drag the man away from the building. He tried to hold on to a fence and was pulled away. Once pulled free, the officer who had punched and kneed the man then stomped on his torso. The man's partner then threw a plastic plant pot, which missed both police officers. After being handcuffed, the man was escorted to a nearby police car. As additional officers arrived, the officer who had used excessive force against the man re-entered the building and arrested the woman. She alleged the officer "man-handled" her, causing her to fall, handcuffed and belly-first, down concrete stairs. She said he also struck her on the back of the neck when escorting her to a police car. The couple were separately charged with assault. A resisting arrest charge against the man was later withdrawn. The IPCA accepted the police finding that there was evidence that the officer man-handled the woman, caused her to fall, or struck her on the back of the neck. In reviewing the matter, the Crown offered no evidence in respect of the woman's charge of assault with a weapon, which the IPCA said was subsequently dismissed by the court. Despite the officer's resignation, police concluded his employment process followed Public Service Commission guidelines. Gray said police acknowledged the authority's summary. "Police acknowledge the IPCA's summary report following a complaint that an officer used excessive force when arresting a man and his pregnant partner. "We note the authority is satisfied with the outcome of the investigation." - This story originally appeared in the New Zealand Herald .
RNZ News
16-05-2025
- RNZ News
Christchurch companies Baker Boys and Pye Electrical fined over baker's arm loss
By Al Williams, Open Justice Reporter of Photo: 123RF A baker lost half his arm after he became stuck in a blocked crumbing machine without an operational shut-off sensor. He was working night shift at Christchurch family business Baker Boys and went to assist two colleagues before matters took a horrible turn. The victim was in another room, weighing up ingredients while his colleagues were mixing and packing the machine. As the machine became blocked and required clearing, one of them tried to free the blockage by kicking it numerous times. When that failed, the victim and another person stepped in to assist. They separated a screw conveyor and crumbing machine, and the victim then removed a guard and began clearing the blocked infeed with his hand. The ingredients blocking the crumbing machine obscured the screw, which was still rotating. As he was clearing the blockage, his right hand was caught by the rotating screw. An ambulance was called, and he was admitted to hospital, where he underwent surgery. Unfortunately, his hand could not be reattached and half of his forearm had to also be amputated. Baker Boys and electrical contractors Pye Electrical were found responsible following a WorkSafe investigation and were sentenced in Christchurch District Court on Thursday. A summary of facts showed Pye Electrical carried out weekly electrical maintenance at the Baker Boys facility and had completed 2800 jobs for them since 2007. At the time of the incident, the sensor showed signs of wear and damage, and was not operational. The safety relay had been bridged out, allowing the machine to run, while the guard was found not to be compliant as it would not prevent someone reaching through into the screw conveyor. The sensor on the machine was bypassed more than two years before the August 2023 incident. A Pye Electrical director carried out the work in March 2021, assuming Baker Boys was made aware of the sensor bypass after communicating with one of their engineers. A two-page invoice issued to Baker Boys by Pye a few days after stated the work had been done and the invoice was paid. Baker Boys Christchurch. Photo: Supplied/Google Maps Street View Baker Boys contacted WorkSafe on the day of the incident, and inspectors attended the scene and issued a non-disturbance notice. WorkSafe issued a shutdown notice after a scene examination the next day and a month later, attended the scene with an engineering expert. The expert concluded it was likely the bridging of the relay contributed to the incident, stating the lack of well-tried safety principles such as having no electrical protection for the circuit, as well as the number of parts by which failure could lead to a dangerous state, resulted in a performance level that did not meet minimum requirements. The expert found other issues with the machine, including a non-compliant guard, its emergency stop design and its location. Baker Boys also engaged an expert who concluded the design of the safety architecture of the control system did not follow basic safety principles and as such, the machine did not achieve even the most basic level of safety architecture. Pye said it had taken several remedial steps and made improvements since the incident, accepting that the work carried out in March 2021 was not in accordance with its standards. The summary of facts said the risk was an inadequately guarded machine, including a sensor that had been bypassed, which exposed the victim to the moving parts of the machine when clearing a blockage. Pye Electrical had failed to ensure the bypass on the machine was only temporary and to ensure the bypass was communicated effectively to Baker Boys. Baker Boys failed to undertake an adequate risk assessment to identify risks associated with the machine and to adequately monitor the effectiveness of the machine controls. It also failed to ensure the machine was adequately guarded, monitor its compliance and review the effectiveness of the system of work for clearing blockages. As a result, Baker Boys was found to have failed to comply with its duty to ensure reasonable health and safety and exposed workers to a risk of death or serious injury. The business was fined $35,000 and told to pay $9290 in reparations at the sentencing. Pye Electrical was fined $30,000 and told to pay $26,937 in reparations for putting Baker Boys employees at risk from work carried out as part of the conduct of its business. WorkSafe acting regional manager Darren Handforth said bypassing a safety sensor and not reinstating it "is bad enough, but for a worker to then lose half their arm as a result is horrific". "For its part, Baker Boys' risk assessment was inadequate, and its machine guarding did not meet standards. "Workers should not be suffering harm like this in 2025, and businesses must manage their risks." This story originally appeared in the New Zealand Herald .
RNZ News
12-05-2025
- Health
- RNZ News
Kāinga Ora Auckland home deemed unfit for living after multiple pleas from tenant
By Al Williams, Open Justice reporter of The woman's child was hospitalised with bronchial conditions after living in a Kāinga Ora home that was eventually deemed unfit for tenancy. File image. Photo: 123RF A young child living in a damp Kāinga Ora property was admitted to Starship Hospital suffering from croup and bronchiolitis during a two-year ordeal that eventually meant the rental property was deemed unfit for tenancy. The child's mother repeatedly raised concerns with Kāinga Ora, while the family's GP went as far as to ask for the organisation to move the family out of the damp Auckland home. Now Kāinga Ora has apologised after being taken to the Tenancy Tribunal, which has found the organisation's failure to maintain the property contributed to the child's poor health. It has been ordered to compensate the woman thousands of dollars for emotional harm, losses and her time. According to a recently released tribunal decision, the woman and her children, including a baby, moved into the Freemans Bay unit in March 2022. By September, it was obvious there were issues with excessive moisture, including mould in the laundry, the kitchen cupboards and bumps on the kitchen floor. The landlord visited the premises and established that work was required to fix the issues, which was completed in February 2023. However, in early May 2023, one of the woman's young children was admitted to Starship Hospital suffering from croup and bronchiolitis. She again told the landlord about the excessive mould in their home and the difficulties she was experiencing in keeping it warm and dry. She also said her children had been suffering from respiratory issues and one of them had been admitted to hospital for related conditions. The following month she provided the landlord with a letter from the family GP who requested the family be moved. The children had both been suffering from recurrent respiratory infections, the house was quite cold, and mould was growing on the windows. The GP said the condition of the house was likely to be contributing to their health conditions. In September the GP raised concerns a second time in writing, through the tenant, telling the landlord that readings taken by the tenant showed 80 percent humidity. The GP said conditions in the premises were "almost certainly" exacerbating one of the children's health conditions. An asset manager for Kāinga Ora visited the home and noted a number of maintenance issues, including cracked glass on a window and a cracked shower well wall lining. However, no other obvious sources of moisture or dampness were identified, and it was recommended the woman continue to manage normal condensation on windows, including ventilating and wiping down surfaces. Her concerns about the children's health and wanting to move were acknowledged but the organisation was unable to link their illnesses to major property defects. It was instead suggested that transfer options be explored on other grounds. In March 2024, a new case manager for the landlord visited the property and requested a moisture report. A child was hospitalised because of poor conditions in a damp Kāinga Ora property. Photo: RNZ / Cole Eastham-Farrelly The report concluded the property was not fit for tenancy because of excessive humidity and moisture readings. Most walls showed moisture or were dripping visually. "From being in the apartment for 15 to 20 minutes I was drenched, shower rooms humidity was excessive," the report stated. "There was noted to be a baby in this house and that kind of moisture could possibly affect comfort and health of this child, due to humidity and mould growth hazard." It was recorded that the front door, part of the kitchen, all of the upstairs (including the stairs themselves, the bathroom and both bedrooms) had "extremely high or high warning moisture content". Kāinga Ora took steps to move the tenant to another premises shortly after the report was issued and the tenancy ended in April 2024. The tenant told the Tenancy Tribunal she spent approximately two hours each day on top of her usual housekeeping addressing the mould. She said that included wiping the windows and the window frames, changing the sheets on the beds and lifting the mattresses off the beds. The curtains were full of mould and had to be changed. The tenant said that having dried every window in the house in the morning, by lunchtime the condensation on the windows would have returned and she would need to start again. Since moving into new premises in April 2024, her children's health had improved significantly. The family GP provided another letter saying that the improved living environment had resulted in fewer visits to the medical centre for viral infections. Kāinga Ora told the tribunal that repairs relating to the tenant's complaint of September 2022 weren't completed until February 2023 because of the time of the year, the number of resources and different tradespersons required. It said that given the amount of work required, this was a reasonable timeframe for the repairs. Following the asset manager's report in October 2023, the agency believed the property was in a reasonable state of repair and that further investigations were not required. Kāinga Ora referred to the timely manner in which it acted once the mould/moisture report was requested by the new case worker. Tribunal adjudicator Kate Henry said it was a case where a significant award for loss of amenity or rebate in rent should be made. Henry said the appropriate period of time for compensation should be in respect of the period of time after which the landlord should have completed the original repairs until when the repairs were completed; and in respect of the failure to investigate and take appropriate action should be from when it became clear that the tenant made it clear that the issues with moisture and mould were not resolved at the end of the tenancy. A total 395 days. The tenant was awarded $6857 compensation for loss of amenity. At the hearing, the tenant advised that the impact on her was significant. When describing how the matter affected her the tenant became tearful and said she felt like she was "failing her children". Henry said: "I find that it is more likely than not that the landlord's failure to maintain the premises at least contributed to her child's poor health. "While it is not open to me to award damages for personal injury, I find that knowing that the premises were at least contributing to her children's poor health and having her complaints fall on deaf ears, would have contributed to the tenant's emotional harm." She awarded $3000 for emotional harm to the tenant. It was also accepted that the tenant had spent a significant amount of time cleaning to manage the mould and trying to be heard by the landlord. She was awarded $5000 as compensation for her time. Kāinga Ora central and east Auckland regional director John Tubberty told NZME the organisation should have acted more quickly. "We apologise for the distress experienced by the tenant. "Once we were aware earlier repair work had not fixed the problem, we moved the tenant to another property and carried out the necessary repairs. "However, we should have addressed the issue quicker." - This story was first published by The New Zealand Herald.
