The Independent Police Conduct Authority has ruled that a police officer who drew a firearm during a confrontation with a man he pulled over was justified.
The report found it was "reasonable and appropriate" for the officer to arm himself with a pistol during the "high-risk vehicle stop" in Hastings on July 21 last year.
The officer believed the vehicle matched the description of a car that had recently been stolen along with 10 firearms. However, after searching the car, police discovered it was not the stolen vehicle.
The man involved, named as Mr X, complained to the IPCA, saying the officer was "aggressive and pointed a gun at him for a long period of time".
However, the authority determined that the officer held the pistol pointing towards the ground during the incident. The officer also said "the man was agitated at being stopped and was belligerent to him".
The Authority found that the vehicle stop and the search were lawful, as the officer had reasonable grounds to suspect the man was driving the stolen vehicle which could have contained the stolen firearms.
The officer complied with his obligations under the Search and Surveillance Act 2012, other than not reporting the warrantless search.
"The Authority accepts that any incident in which a firearm is drawn in the presence of a member of the public, whether aimed or not, would likely be distressing for that person," Authority Chair, Judge Colin Doherty said. "The Authority notes that in this case, a supervisor attended and explained the reasons for the officer’s actions to Mr X."
The man complained that police had not apologised to him for the vehicle stop, and had not offered him victim support, but the police told the Authority it was likely support was not considered in this case because of the confrontational way in which the man had responded to the incident.
They also said they would consider providing support to people in these circumstances.
Eastern District Commander Superintendent Tania Kura agreed with the findings that the officer’s actions were appropriate and reasonable given the circumstances.
"I'd like to acknowledge the officer and his colleagues for their work that night. While on his way to another job, the officer observed a vehicle that closely matched the description of a car that had been stolen along with 10 firearms," Ms Kura said.
"As noted by the IPCA, the officer reasonably formed the belief that an incident involving the driver of the vehicle could be life-threatening, given the potential presence of a number of firearms.
"The officer astutely assessed the potential risks involved in stopping the vehicle and took the appropriate steps to protect himself and others from potentially serious harm."
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