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NZ Herald
08-05-2025
- NZ Herald
IPCA finds Wellington police unlawfully seized property for unpaid fines
They arose after the commencement of 'Operation Cobalt' in May 2022 - which sought to disrupt gang activity. As part of the operation, police applied for warrants to seize property belonging to gang members with unpaid fines. As it progressed, police worked with Ministry of Justice officials to streamline their processes. Officers would contact collections staff at the ministry to see if a targeted gang member or associate had any outstanding fines. If there were unpaid fines, officers would request a warrant from the court to seize property with a bailiff present. When a vehicle was seized, the person had seven days to repay the debt and retrieve the vehicle, or it was sold at auction. The report notes that eventually the practice of obtaining warrants to seize property and vehicles became 'business as usual'. But the IPCA found problems with police practices. The report said ideally, bailiffs would seize items with the assistance of police. Yet in all four cases, the warrants were exercised at night or in the early morning - outside a bailiff's working hours - so bailiffs weren't present. But it found no evidence that police intentionally arranged to execute search warrants when bailiffs were unavailable. The report also said the current memorandum of understanding (MOU) between police and the ministry explicitly states, 'In accordance with this protocol, Police will only seize cash, not other property.' Operation Cobalt also required more than $5000 in outstanding fines before a warrant was issued. The IPCA found that while one of the complainants had $5000 in outstanding fines, the rest owed amounts below that. Lawyer Chris Nicholls, who laid two of the four complaints, said he was told the practice had stopped, and would be concerned if it was to start again. 'The collection of fines should be left with bailiffs. They wear body cameras, there's no argument about what happened and there's far less abuse of power given the presence of body cameras,' he said. Bailiffs also carried out their work during work hours and were appropriately trained, he said. Advertise with NZME. In a statement, police acknowledge the IPCA report's findings. It said that in March last year, police updated instructions and officers are required to have Ministry of Justice bailiffs present at the search, unless there is urgency and or good reason to execute the warrant as part of a major event operation or criminal investigation. Police have also begun negotiations to update the MOU with the Ministry of Justice. The four complaints In the first case, police stopped and breath tested a group of Head Hunters members on their motorcycles heading to Wellington one evening. One of the motorcycles was seized after one of the members was found to owe $1300 in fines. In the second case, police seized a car in which a woman and her son were sitting whilst it was parked in a driveway. The car belonged to the woman's partner, who had $5000 in unpaid fines. Despite phoning her lawyer while she was sitting in the car, the woman was unable to stop the car's seizure. In the third case, police were searching for a woman suspected of stealing petrol from a service station. Wanting to prevent the woman from reoffending again that night, a police officer took a warrant for $2500 in unpaid fines to her bail address, but neither the woman nor her car were there. Believing the woman was staying with her partner, who was living at his grandmother's house, the officer went to that address. Advertise with NZME. At 1.30am, the woman wasn't there but her car was. The police knocked on the door, waking the grandmother, who woke her grandson. When the man refused to provide the car key, the officer called reinforcements, searching the house and property, while the woman's partner and his 82-year-old grandmother waited outside. When the key was eventually found, the car was towed. Finally, the fourth case involved a man who was unable to drive because of poor health and was unlicensed. Instead, he registered his car in the name of a young man who held a learner's licence and often drove him around. The officer knew the young man as he had previously issued him with numerous infringement notices for breaching his licence conditions. When he pulled the car over at 3am, assuming the young man was driving and again breaching his licence conditions, it was another person behind the wheel and the older man was present. A warrant was issued for about $4000 of enforceable fines that the young man, who was not present, had outstanding, and the car was seized. The older man told the police officer he felt unwell, but the officer left him and the driver on the side of the road, expecting them to make their own way home. Lack of understanding in each case The IPCA found in each case that the officers lacked understanding of what was required when issuing a search warrant. While it ruled in the first case that police reasonably exercised the warrant lawfully, in the second, third and fourth cases, it found police had not because officers didn't demand payment, a legal requirement. In the third case, it also found it was unreasonable for police to execute a search during the early hours of the morning and police acted outside their warrant when they searched the house and property looking for the car key. The IPCA found police did not always; Produce the warrant at the start of the process. In two cases, police told the complainant they were seizing the vehicle about 10 minutes before they had the warrant. The IPCA said where possible, officers should have the warrant cantelling the person their property or vehicle will be seized. Produce the warrant in a manner that can be seen by the person reading it. In each case, the warrants were produced in digital form, but some complained they were unable to read them on the officers' phones. Demand payment; or Consider immobilising the vehicle rather than seizing it. The authority also ruled in most circumstances, it is unreasonable to execute a search warrant for unpaid fines at someone's house in the early hours of the morning. It said that if the police were to execute search warrants as part of major operations or criminal investigations, they should train staff to execute warrants by the law. Police subsequently issued a memorandum to all staff, that officers must be accompanied by a bailiff when executing search warrants to seize property. It also suggested that police establish a fines threshold to help officers determine if a warrant is worth pursuing. Finally, the report notes police are working with the Ministry of Justice on updating their MOU to ensure it accurately reflects police practice regarding the execution of warrants to seize property.
RNZ News
08-05-2025
- RNZ News
Police 'unreasonably' seize vehicle during operation, IPCA finds
Police seized the vehicle in the aim of preventing a woman from re-offending. 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. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Scoop
08-05-2025
- Scoop
Police Acknowledge IPCA Findings On Vehicle Seizures
Press Release – New Zealand Police Police have reviewed the policy and practice regarding obtaining a warrant to seize property for unpaid fines and have addressed the recommendation made by the IPCA. Relieving Wellington District Commander Inspector Lincoln Sycamore: Police acknowledge the findings by the Independent Police Conduct Authority (IPCA) regarding four complaints against Wellington Police officers obtaining a warrant and seizing vehicles for unpaid fines in 2022 and 2023. The incidents occurred following the start of 'Operation Cobalt', a nationwide effort by Police to target and disrupt illegal gang activity. As part of this operation, Police staff would apply for warrants to seize property belonging to gang members with unpaid fines. Police have reviewed the policy and practice regarding obtaining a warrant to seize property for unpaid fines and have addressed the recommendation made by the IPCA. In March 2024, we updated our search instructions for officers to ensure they are aware of and understand their obligations. Officers are required to have Ministry of Justice bailiffs present at the search location, unless there is urgency and or good reason for Police to execute the warrant as part of a major event operation or criminal investigation. We also agree with the second recommendation made by the IPCA and have already begun the process to engage with Ministry of Justice to update an internal form used by officers. This will ensure the form accurately reflects the scope of the search and seizure power under section 99 of the Summary Proceedings Act 1957.
Scoop
07-05-2025
- Scoop
Police Acknowledge IPCA Findings On Vehicle Seizures
Relieving Wellington District Commander Inspector Lincoln Sycamore: Police acknowledge the findings by the Independent Police Conduct Authority (IPCA) regarding four complaints against Wellington Police officers obtaining a warrant and seizing vehicles for unpaid fines in 2022 and 2023. The incidents occurred following the start of 'Operation Cobalt', a nationwide effort by Police to target and disrupt illegal gang activity. As part of this operation, Police staff would apply for warrants to seize property belonging to gang members with unpaid fines. Police have reviewed the policy and practice regarding obtaining a warrant to seize property for unpaid fines and have addressed the recommendation made by the IPCA. In March 2024, we updated our search instructions for officers to ensure they are aware of and understand their obligations. Officers are required to have Ministry of Justice bailiffs present at the search location, unless there is urgency and or good reason for Police to execute the warrant as part of a major event operation or criminal investigation. We also agree with the second recommendation made by the IPCA and have already begun the process to engage with Ministry of Justice to update an internal form used by officers. This will ensure the form accurately reflects the scope of the search and seizure power under section 99 of the Summary Proceedings Act 1957.
Scoop
07-05-2025
- Scoop
Wellington Police Seize Property For Non-Payment Of Fines In Manner Contrary To Law
The Independent Police Conduct Authority received four complaints concerning Wellington Police officers obtaining a warrant and seizing vehicles for unpaid fines in 2022 and 2023. Upon review, the Authority found common themes arose which continue to be relevant to current Police practice. The complaints arose following the commencement of 'Operation Cobalt'. As part of this operation, Police used their legal power to apply for warrants to seize property for unpaid fines, specifically for the purpose of disrupting gang activity. The practice then transitioned into general policing, where the seizures did not always relate to gang activity. However, outside of Operation Cobalt, Police had no policy or instructions regarding the execution of the warrants for unpaid fines. In three of the four cases we reviewed, officers lacked understanding of what is required when executing the warrants and they neglected to demand payment prior to seizing the vehicle. In doing so, they failed to comply with the requirements stipulated in the Summary Proceedings Act 1957, thereby making the vehicle seizures unlawful. In early 2024, after our investigation commenced, Police updated policy to include the necessary guidance. Officers are now required to have bailiffs present unless there is urgency and/or good reason for Police to execute the warrant as part of a major event operation or criminal investigation. The Authority recommends that, if Police wish to execute warrants to seize property for unpaid fines without the presence of bailiffs as part of major event operations or criminal investigations, Police should provide officers with specific training in the legal requirements for executing warrants and ensure that these are adhered to. The Authority also found that it was unnecessary and unreasonable for an officer to execute one of the warrants for unpaid fines during the early hours of the morning.
