Three searches undertaken in wake of Christchurch terrorist attack were unlawful - police watchdog

July 14, 2020

Police have apologised after the IPCA found they did not comply with the law during the searches.

Police who searched the homes or workplaces of people identified as "people of interest to national security" following the Christchurch terrorist attack last year were unlawful in doing so, according to the Independent Police Conduct Authority.

In a ruling this morning, the authority said following the attacks at two mosques, police identified people of interest to national security and set up an operation aimed at mitigating the potential for future acts of violence.

A "significant number" of searches at the individuals' homes or places of work were carried out without warrant and seizing their firearms and firearms licences.

The searches generated a number of complaints about police actions, and today the police watchdog ruled that, of those investigated, three searches were outside the bounds of the law.

The authority said that in relation to two of those searches, police relied on the provisions under the Search and Surveillance Act 2012, which gives police the power to enter and search a place where they suspect an offence against the Arms Act 1983 has been committed and the person is incapable of having proper control of the firearm(s) or may kill or cause injury to someone.

The authority found in these two cases those circumstances did not exist when the searches were conducted.

Meanwhile, the third case related to police entering a house where they relied on section 14 of the Search and Surveillance Act 2012, which provides the power to enter and search without warrant in circumstances where it is believed an offence is being or is about to be committed, or there is risk to life or safety that requires an emergency response.

Again, the authority found those circumstances did not exist at the time therefore the entry into the house was unlawful.

However, in his ruling, authority chairman Judge Colin Doherty recognised that police were operating in an environment of unprecedented and heightened risk following the attacks in which 51 people were killed, and that there was a public expectation they take action to mitigate any further risks.

"It was therefore entirely appropriate that they set up an operation to eliminate or mitigate risk of further violence and ensure public safety," he said.

He added, though, "it is evident that in relation to these three searches, they did not give sufficient consideration to their legal powers of search and seizure".

Canterbury District Commander Superintendent John Price said he was "confident that the officers involved in these three searches were acting with the best of intentions, and were absolutely focused on mitigating risk and preventing further harm in our community".

“These searches were part of a significant national security operation, conducted in the aftermath of the terrorist attacks on two Christchurch mosques."

Police had formally apologised to those involved.

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