Man ‘arbitrarily detained’ by military police rejects NZDF’s ‘insulting’ compensation offer

Military police have no power over civilians but caused a group of people to believe they had been detained last year. Photo / NZPA

• A man was “arbitrarily detained” by military police in May 2020, leading to drugs charges that were eventually dismissed.
• The man sought compensation and an apology from the New Zealand Defence Force and rejected its final offer, saying it was an “insult”.
• Further legal action is being considered.

A man who complained he was illegally detained by military police officers has rejected monetary compensation from the New Zealand Defence Force, saying it was “an insult” without a formal apology.

Accepting the offer also meant he could not pursue further legal action and he says his fight is far from over.

The man – who asked for anonymity to protect family members – made a complaint to the Defence Force (NZDF) after an incident in May 2020 near Linton Military Camp.

He was out driving with friends and soon after they stopped at a reserve, they were approached by two military police officers.

They said they were calling the police as they suspected illegal activity.

The man said his group were “forcibly detained” and repeatedly threatened with arrest until police arrived.

Military police have no power to arrest civilians outside NZDF-owned property.

When police arrived, the vehicle and occupants were searched and one passenger was found with methamphetamine.

Despite having no drugs on or near him, the driver also faced a charge under the Misuse of Drugs Act.

Months – and thousands of dollars in legal costs later – a judge dismissed the charge.

The man was furious and made a complaint to the NZDF.

“What happened to us has all the elements of kidnapping as defined in ... the Crimes Act,” he said, also accusing the military officers of intimidation and restricting him from getting out of the car.

At the time, the NZDF told the Herald the situation was “handled appropriately” and while it was “regrettable” the man was upset there was no intention to review the officer’s actions.

“The NZDF has confidence that [the officers] ... did not act outside their authority. At no point were the occupants of the car detained,” it said.

The man made repeated complaints to the Minister of Defence and eventually a Court of Inquiry was held.

It established the group was “arbitrarily detained” but could not determine whether that was an “intentional” move by the officers.

The man sought compensation of $25,000 and a formal apology.

Two months later, the NZDF agreed to the apology but offered $1500 in compensation.

The man hired a lawyer, who rejected the offer on his behalf.

He told the NZDF the man had “suffered immense personal distress and anguish” as a result of the incident.

“Especially when there were criminal charges pending,” the lawyer said.

“He feared for his job and felt embarrassment that he had been in this position. He faced uncertainty about what would happen in the criminal case and while he was relieved when the charges were dismissed, he felt angry that he had been required to go through an unnecessary process.

“He was forced to deal with police and lawyers and a system that he did not wish to be involved with. The stress also affected his family and his relationships, his physical and mental health.”

The lawyer was confident that if the man took the matter to court he would “be awarded a substantial sum somewhere between $80,000 and $110,000”.

Emails between the man, his lawyer and NZDF were provided to the Herald. Photo / File

But he was prepared to accept $40,000 and an apology.

The NZDF refused anything above their $1500 offer – which it said appropriately reflected the time the man “thought he was unable to leave”.

Its legal team told the man’s lawyer that the actions of police and the following court proceedings “were not within the knowledge or control of the NZDF” and therefore “not considered relevant” to the man’s claim.

The man wanted to pursue the matter in court but was stymied by the Armed Forces Discipline Act 1971, which does not allow evidence, statements or findings from Court of Inquiries to be used in outside prosecutions.

In February 2024, the man suggested a lower amount of compensation – $4000 plus $1250 to cover legal fees – and the apology.

The NZDF would not budge on the $1500 and noted the offer of an apology had not been on the table since it expired in November 2022.

The man’s lawyer advised him to accept the offer – saying further legal action would cost “a substantially large amount” and negate any compensation.

He said as per the terms of their agreement, the offer was considered a “successful outcome”.

If he did not accept, he was liable to pay fees of almost $25,000.

If he took the offer, all money would go to the lawyer to cover fees but that would be the end of the matter.

The man wants to consider further legal action. Photo / RNZ

The man declined the offer.

“I will pay the lawyer’s fees directly out of my own pocket,” he said.

“I felt this was the only option – I stood my ground and did not accept the offer as it did not come with an apology.

“The amount offered did not redress the actions of the officers – it was an insult.

“It was never about the money – it’s the principle.

“The public need to know ... military police just can’t go throwing their weight around where they have no jurisdiction, especially in a public area.”

The man is still considering further action.

“I wanted those military officers in court on criminal charges – I wanted them held accountable,” he said.

“I know I did nothing wrong that night. It was bullying. There have been no consequences, nothing done to make sure it doesn’t happen again.

“Imagine if it had been me detaining them ... and imagine if it happened to someone with no knowledge of the criminal justice system, they would have been a helluva lot worse off.”

The NZDF did not respond to the Herald.

Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz.