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IPCA finds ‘deliberately dishonest’ officer used unneccesary force

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A police officer assaulted a man, kneeled on his head with his full weight, and threw him onto the bonnet of a car unlawfully during an arrest, according to the Independent Police Conduct Authority.

 

The police officer was charged and pleaded guilty to injuring with reckless disregard.

In a separate event, the same police officer was found to have grabbed a 14-year-old around the neck and slammed him into a window from behind, which was unreasonable and excessive. The 14-year-old had stolen a phone but had given it back before the officer did this.

The officer ended up resigning from police.

In the first incident, on 21 September, 2018, a drunk man was seen urinating in the Tauranga CBD. Officers stopped and a verbal altercation ensued, after which one of the officers told him he was under arrest.

The man did not comply and the officer got physical. The Independent Police Conduct Authority (IPCA) found the officer was not justified in arresting the man, and therefore all subsequent uses of force were unlawful.

IPCA Chair Judge Colin Doherty said: “In throwing the man to the ground in the street and deliberately kneeling on his head, sometimes with his full weight, the officer’s actions posed a significant risk of serious harm to the man.

“The officer’s actions in poking the man in the chest, pushing him onto the bonnet of the patrol car by his throat, pulling him to his feet by the handcuffs and shoving him in the back were all unnecessary and therefore unjustified uses of force. They were excessive and unlawful. The cumulative effect of all the uses of force showed that the officer had no regard for the man’s wellbeing.

“The officer was deliberately dishonest in his accounts to the Authority and Police about the man’s behaviour after he was taken to the ground at the time of arrest. The officer’s partner’s version of events also lacked credibility.”

Police charged the officer with three offences. He pleaded guilty to injuring the man with reckless disregard. Two assault charges were withdrawn.

The officer was sentenced to nine months supervision and was ordered to pay $1000 reparation to the man. The officer resigned from police before the court process was finished.

In a separate event, the same officer arrested a 14-year-old boy in an Oranga Tamariki office for aggravated robbery in an unjustified manner.

The boy had wielded a screwdriver when stealing a phone from someone, in March 2019 in Tauranga.

Police found the boy at an Oranga Tamariki office in the care of social workers. The social workers persuaded the boy to give them the phone, which he did.

As the boy was walking away to leave the office, a second police officer, officer B, told the boy, referred to as ‘Z’, he was under arrest.

Officer A, the man in question, then acted.

“Without warning, Officer A suddenly lunged at Z from close range. Officer A put both of his hands around Z’s neck and slammed him into the window behind. He then took Z to the ground where he was handcuffed before being taken to the police station. In the course of the incident, Z suffered soft tissue damage to a shoulder and was provided with a sling to wear for several days,” the IPCA brief said.

“Our investigation found that it was open for the officers to arrest Z as they reasonably believed this was necessary to prevent further offending,” Judge Doherty said.

“Officer A did not have any legal justification for using force on Z. Our investigation established that Z was not resisting arrest at all. Z simply walked away from Officer B before any attempt was made to arrest him. We do not believe that Z was acting as if he were going to remove a weapon from his clothing, nor do we believe that Officer A thought he was doing so. We do not accept that Officer A was acting in defence of himself or anyone else. His use of force on Z was unreasonable and excessive.”

The Police charged Officer A with assault but this was withdrawn. The officer resigned in May 2021, before the outcome of the first charges, in relation to the first man, were decided.

The police accept the findings.

Bay of Plenty District Commander Superintendent Andy McGregor said the officer fell short of the professionalism they expected from staff.

He said police took appropriate action in charging the man with criminal offences after they investigated the allegations and found them unjustifiable.

SOURCE:RNZ

 

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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