Latest news with #SummaryProceedingsAct1957
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.
