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Police have acknowledged findings from the Independent Police Conduct Authority (IPCA) that an officer’s use of pepper spray during a West Auckland traffic stop in 2022 was unjustified.
The incident occurred on December 22, 2022, when a Waitematā road policing officer stopped a woman after she made a thumbs-down gesture while driving past him.
The officer believed the gesture may have indicated the driver was impaired by drugs or alcohol and signalled for her to stop.
The officer followed the woman to her home, 800 metres away, where she got out of her car and asked whether she had been stopped because of the gesture. The officer did not respond and instead asked for her driver’s licence and personal details.
The woman refused to provide the information and turned away. The officer then told her she was under arrest and attempted to grab her.
During the ensuing struggle, the woman’s halter-neck top ripped, leaving her bra exposed. She ran down the driveway towards the house, followed by the officer, yelling for her parents to help.
As she ran inside, the woman slammed the sliding door shut. Unbeknown to her, the officer’s hand was in the doorway and was badly cut when the door closed.
The woman then went upstairs to change her clothing. While she was upstairs, her elderly mother approached the officer and attempted to assist with his injured hand.
A short time later, the woman returned downstairs, raised her hands, and told the officer he could arrest her. The officer then sprayed her with pepper spray.
The IPCA found the officer did not have a genuine basis for stopping the woman.
“We do not accept the officer stopped the woman out of a genuine belief that she may have been driving under the influence of drugs or alcohol,” the Authority said.
“There was no indication during the incident that he believed this to be the case. Rather, we believe the officer was simply reacting to the woman’s ‘thumbs down’ gesture.”
Given that finding, the IPCA concluded the officer had no legal authority to arrest the woman, use force, or attempt to enter her home.
The Authority also found the use of pepper spray was unjustified, stating the woman posed no immediate threat to the officer at the time it was deployed.
In addition, the IPCA criticised the officer’s communication during the incident, finding he failed to effectively engage with a distressed and panicking woman and missed multiple opportunities to de-escalate the situation.
Charges and court outcome
The woman later pleaded guilty to failing to stop, failing to provide her name and address, and resisting arrest.
She pleaded not guilty to a charge alleging reckless disregard for the safety of others relating to the injury to the officer’s hand. That charge was ultimately dismissed.
Police have taken a markedly different view from the Authority.
Superintendent Naila Hassan. Photo: NZ Police
Waitematā District Commander Naila Hassan says the officer involved was experienced, having worked in road policing for more than a decade.
“Police consider that such gestures may reasonably indicate driver impairment, so stopping a driver’s vehicle to determine whether the driver is impaired is squarely within a police officer’s lawful authority,” she says.
However, Police also acknowledged the IPCA’s conclusion that unsolicited gestures alone do not amount to a genuine land transport purpose for stopping a vehicle.
Despite the Authority’s findings, Hassan says Police believe the officer acted lawfully.
“Police found his actions were lawful and justified given that he was acting within his capacity as a Police officer and in accordance with the Land Transport Act 1998,” she says.
Taking all factors into account, Police say they do not intend to take any further action in relation to the incident.
