Police unlawfully entered Bay of Plenty home, IPCA report finds

Police unlawfully entered a Bay of Plenty home, the Independent Police Conduct Authority has found. Photo / NZME

Police unlawfully entered a Bay of Plenty home, the Independent Police Conduct Authority (IPCA) has found.

Following an encounter with Ms X, a woman asked police to serve Ms X with a trespass notice on November 2, 2020, a report from the authority stated.

Three officers went to Ms X's home and knocked on her front door. Ms X did not wish to speak with them, so did not answer.

When Ms X heard the officers opening her back gate, she was alarmed and fled into the bathroom, locking herself in. The officers entered her home through the unlocked kitchen door, without a warrant.

Ms X complained the officers unlawfully entered her home.

At first, police told the authority the officers lawfully entered Ms X's home under section 14 of the Search and Surveillance Act 2012. Police said they had reasonable grounds to suspect a risk to the life or safety of Ms X that required an emergency response.

"We independently investigated Ms X's complaint. We found, and police now accept, that the officers unlawfully entered Ms X's home," the report said.

The officers did not have the necessary information to form a reasonable suspicion that Ms X's life or safety was at risk and that they needed to urgently respond, which would justify a warrantless entry under section 14 of the Search and Surveillance Act 2012.

No other power made their entry lawful.

The authority also found the police staff involved were ill-equipped to effectively respond to mental health crises, despite being routinely called upon to do so.

Authority chairman Judge Colin Doherty said the officers did not have substantive information indicating Ms X's life or safety was at risk.

"Their perceptions were coloured by the fact they are often asked to respond to suicide and self-harm incidents," Doherty said.

"Those incidents remained fresh in the minds of the officers. Although the actions of the officers were unlawful, they were not uncaring."

Bay of Plenty District Commander Superintendent Tim Anderson said the officers had genuine concern for the woman.

"Given that, they entered the home based on what [was] unfolding at the time, the information they had available and their past experiences," Anderson said.

"Police officers go to work every day to keep people safe, and part of this work does involve complex incidents where people are in potential mental distress.

"In these instances, we enable our people to make the best decisions possible, with the information they have at this time, to ensure peoples' safety and wellbeing."

h2>WHERE TO GET HELP:

If you are worried about your or someone else's mental health, the best place to get help is your GP or local mental health provider. However, if you or someone else is in danger or endangering others, call police immediately on 111.

OR IF YOU NEED TO TALK TO SOMEONE ELSE:

• LIFELINE: 0800 543 354 or 09 5222 999 within Auckland (available 24/7)
• SUICIDE CRISIS HELPLINE: 0508 828 865 (0508 TAUTOKO) (available 24/7)
• YOUTHLINE: 0800 376 633 ,free text 234 or email talk@youthline.co.nz or online chat.
• NEED TO TALK? Free call or text 1737 (available 24/7)
• KIDSLINE: 0800 543 754 (available 24/7)
• WHATSUP: 0800 942 8787 (1pm to 11pm)
• DEPRESSION HELPLINE: 0800 111 757
• SAMARITANS – 0800 726 666.