Authority Upholds 6 Cases of Excessive Force by NZ Police During COVID ‘Convoy’ Protest

The ‘convoy’ protest centred on opposition to COVID-19 vaccine and mask mandates before devolving into clashes between protestors and police.
Authority Upholds 6 Cases of Excessive Force by NZ Police During COVID ‘Convoy’ Protest
People face off with police near the Parliament as police move in to clear protesters in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
12/14/2023
Updated:
12/14/2023
0:00

The police deputy commissioner has stood by his officers after the Independent Police Conduct Authority (IPCA) upheld six cases of misconduct against police during the protests at New Zealand’s Parliament.

The protest, which began on Feb. 6, 2022, and lasted until March 2, 2022, was an occupation of the grounds of the NZ Parliament building and surrounding areas during the COVID-19 pandemic.

A core group of 1,000 people, supplemented by individuals who came for a day or more, blockaded areas around Parliament grounds with their vehicles and occupied the lawn and surrounding areas in tents.

The IPCA received 1,907 complaints relating to the protest.

A total of 21 were considered in 17 separate investigations. It found police used excessive force in six instances, and there was an adverse finding concerning the impounding, and damage to, a vehicle.

IPCA Investigates Several Police-Protestor Incidents

During the first attempt to clear the grounds, officers arrested a man for trespass.

However, as he was not physically resisting arrest with force, there was no basis for the officer to use any force during the arrest.

Three people complained about one officer who restrained their heads during their arrests. The IPCA found the use of force by the officer in each of the three arrests was “unnecessary and excessive.”

A woman complained that she was standing in a line of protesters when an officer punched her with three short jabs to the right eye “for no reason.”

The Authority found the officer was entitled to use force to defend himself in the circumstances “as he believed them to be.” However, hitting the woman in the face was not reasonable as alternative actions were available.

A woman complained that a police officer slapped her mobile phone out of her hand, then shoved her into the gutter and repeatedly hit her with a shield.

She also complained police used excessive force in twice punching an elderly man who came to her rescue.

A fire burns in a rubbish skip on Bunny Street near Parliament and Victoria University after riot police moved to break up the occupation of Parliament's grounds in Wellington, New Zealand on March 2, 2022. (Lynn Grieveson/Getty Images)
A fire burns in a rubbish skip on Bunny Street near Parliament and Victoria University after riot police moved to break up the occupation of Parliament's grounds in Wellington, New Zealand on March 2, 2022. (Lynn Grieveson/Getty Images)
A young man cleans his face after pouring milk on it to counteract the effects of pepper spray after riot police moved to break up the occupation of Parliament's grounds and surrounding streets in Wellington, New Zealand on March 2, 2022. (Lynn Grieveson/Getty Images)
A young man cleans his face after pouring milk on it to counteract the effects of pepper spray after riot police moved to break up the occupation of Parliament's grounds and surrounding streets in Wellington, New Zealand on March 2, 2022. (Lynn Grieveson/Getty Images)
The IPCA found there was no justification for officers to knock the phone from the woman’s hand, or push her to the ground. Concerning the use of force against the man who came to assist, it found that while some force was certainly justified, two punches to the head in quick succession were an excessive use of force.

A man complained he was standing on top of a concrete column beside the main gates, broadcasting live footage of events occurring through Facebook, when police officers directed a fire extinguisher at him and two others for over 30 seconds, which left him unable to see or breathe for a short period.

The IPCA found the officer’s initial use of the fire extinguisher was in self-defence and justified. However, further spraying the people after they had turned their backs and were trying to climb down from the column was not.

A woman complained that police smashed three windows of her car and deflated its tyres when it was parked at a bus terminal.

They then removed it with a forklift without attempting to contact her. The car was impounded first in Porirua, and police refused to let her retrieve her belongings, including medication, from it.

They then left it parked in Trentham, where it was further vandalised and damaged.

The IPCA found while it was reasonable to deflate the tyres, but there was no reason to smash the windows. It was also unreasonable not to allow the owner access to retrieve her belongings. The IPCA also found police should have made attempts to contact the owner before putting the car out on a public road.

Protesters against Covid-19 vaccine mandates and restrictions gather near parliament grounds in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
Protesters against Covid-19 vaccine mandates and restrictions gather near parliament grounds in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
People face off with police near Parliament as police moved in to clear protesters in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
People face off with police near Parliament as police moved in to clear protesters in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)

Police Defend Their Actions

However, Police Deputy Commissioner Jevon McSkimming defended the officers deployed to Parliament, saying they were “faced with a level of violence and vitriol that we have never before experienced in New Zealand.

“Despite the provocation and violent behaviour exhibited by some protesters over the duration of this event, the overwhelming majority of our officers did an exemplary job,” he said in response.

He noted that hundreds of police officers from all over the country were brought in to handle the protest and occupation, and said he was “incredibly proud” of their work and their “extraordinary amount of restraint.”

Police rest as protesters against COVID-19 vaccine mandates and restrictions gathered near parliament grounds in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
Police rest as protesters against COVID-19 vaccine mandates and restrictions gathered near parliament grounds in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)

“There were a very small number of incidents where we didn’t get it right, and where that occurred, we have acknowledged that and, where appropriate, taken steps to address it.”

He was backed by Prime Minister Christopher Luxon, who said police should be proud of the way they responded to the IPCA report, including prioritising a review of defensive tactics, training, and looking into creating an advisory committee to ensure best practice and consistency.

“The police, I think, handled a very difficult situation incredibly well,” he said.

Chairman of the New Zealand Council for Civil Liberties Thomas Beagle said his organisation’s main concern regarding all IPCA findings was that police were “free to take no disciplinary action against the officers found by the independent investigation to have acted inappropriately.”

A man faces off with police near the Parliament as law enforcement move in to clear protesters in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
A man faces off with police near the Parliament as law enforcement move in to clear protesters in Wellington, New Zealand on March 2, 2022. (Dave Lintott/AFP via Getty Images)
Rex Widerstrom is a New Zealand-based reporter with over 40 years of experience in media, including radio and print. He is currently a presenter for Hutt Radio.
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