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Police say they acknowledge the findings of the Independent Police Conduct Authority (IPCA) over the incorrect power of arrest being used.
On the afternoon of April 28, 2023, police say officers attended a sudden death at a Pitt Street apartment building in central Auckland.
A woman was located deceased at the bottom of the building’s atrium, police say.
The IPCA carried out an investigation after Mr Z complained about his treatment.
Auckland City Police District Commander, Superintendent Sunny Patel, says attending staff came across a man emerging from the woman’s address.
“The man was extremely agitated and hard to engage with at the time,” he says.
“Given that our enquiries into the death were still in the early stages, this caused our attending staff concern.
“Initially it was thought the man may have been under the influence of drugs.”
Patel says a decision was made to arrest the man for obstruction under the Summary Offences Act.
Police say they acknowledge the IPCA’s subsequent findings that officers should have detained the man under the Mental Health Act instead.
The IPCA also found Mr Z’s treatment while in police custody was appropriate, given concerns for the man’s mental state and the need for a family member to pick him up.
“We acknowledge the woman’s death was a highly traumatic event for everyone involved, and our thoughts are with the families impacted by her death,” Patel says.