Police acted unlawfully and unreasonably during the 2007 Urewera raids but the Independent Police Conduct Authority says the actions were justified.
The IPCA released its report into the police investigation Operation Eight at a media conference today.
The report, which follows a year-long investigation, found police acted unlawfully in detaining and searching homes and school buses and creating roadblocks during raids in Ruatoki in 2007.
It says the search of five properties was unlawful and roadblocks in Ruatoki and Taneatua were poorly planned.
But the IPCA says the operation that resulted in the arrest of 17 people in the Bay of Plenty, Auckland, and Wellington, was justified.
Police Commissioner Peter Marshall says he's pleased the IPCA confirmed the Operation Eight investigation was a "reasonable and necessary" response to the criminal activity being undertaken.
Peter accepts the authority's commentary in relation to the roadblocks and acknowledges that police underestimated the focus on Ruatoki and Tuhoe that subsequently emerged.
"The context is important here. This was an operation involving more than 300 police staff nationwide. It followed an almost two-year investigation into a group of people involved in military style training camps using Molotov cocktails, semi-automatic rifles, threats to kill people and destroy property.
'The Authority says the threat was 'real and potentially serious' and the police response involved a 'huge logistical challenge'.”
During Operation Eight police focused on the activities of a group of people involved in alleged military style training camps, where people were filmed using Molotov cocktails and firearms in the Urewera forest in the Eastern BOP.
The police raids involved more than 300 officers searching properties in the Bay of Plenty, Auckland, Waikato, Christchurch and Wellington using search warrants alleging crimes under the Terrorism Suppression Act.
The IPCA received multiple complaints about the police operation, which began in late 2005 and ended in October 2007.
Peter says officers acted in good faith and bringing the activities to a close was potentially very dangerous.
"However the IPCA has identified some instances where staff invoked statutory powers to carry out their actions, which were later found not to meet the legal threshold. In other instances, staff exceeded their authority or didn't interpret the legislation correctly.
"I apologise for those instances where police failed to meet expected standards when carrying out the Ruatoki and Taneatua roadblocks and five of the 41 property searches."
Peter says while the report is critical of some police actions, it also definitively lays to rest some myths that have become accepted as fact.
The report found armed police officers did not search a bus full of kohanga reo children and officers did not set up a roadblock on the confiscation line.
'Those are welcome findings."
Police Minister Anne Tolley says police accept the report's findings and apologise for their actions.
Having discussed the report with Police Commissioner Peter Marshall, she has been assured police have learned valuable lessons from these events.
'I am pleased that the IPCA has found that the Police decision to take action in 2007 was justified.
'The vast majority of fair-minded New Zealanders will back the Police to act when they believe public safety is at risk.”
The New Zealand Police has made significant changes in the almost six years since the operation, says Anne.
'I will be keeping a close watch to ensure that the police continue to act on areas for improvement, especially around rebuilding relationships.
'It must be remembered that four people were convicted as a result of the police actions, and that no one was hurt in any of the operations.”
Police have made many changes to operational policies and practices since 2007 and Peter says the new law has diminished the likelihood of a similar situation arising again.
Police will now take time to work through the authority's recommendations in detail with a view to implementing them.
He says he will oversee the implementation of the recommendations and continue to do everything he can to make sure the right policies, procedures and training is in place.
"Police did the right thing in carrying out the investigation, the arrests and the prosecution of those involved. However I do regret the impact bringing this investigation to a close had on the innocent residents of the Ruatoki Valley and other areas."
The recommendations are:
1. Re-engage with Tuhoe.
Significant work is already under way with Tuhoe and police at a local level.
Nationally, work has already begun and with Tuhoe's consent, Police will continue to engage with the iwi to rebuild the relationship.
2. Maintain a decision log during the planning of major operations.
Will be considered with a view to implementing the recommendation.
3. Amend AOS policy on Nomex hoods.
Changes to AOS policy have already been made and Police will implement this further recommendation.
4. Require Police generally to undertake a Community Impact Assessment for all operations with a potential for significant adverse impact.
Policy changes have already been made requiring the AOS to do this and consideration will be given to extending the requirement to all operations with the potential for significant adverse impact.
5. Amend the policy on planning for children and vulnerable people when executing search warrants.
Changes to the policy have already been made and consideration will be given to making further changes to implement the recommendation.
6. Clarify the policy in respect of photographs at road blocks.
Recommendation is accepted and will be implemented.
7. Amendments and clarification of policy reflected in Police training.
Recommendation is accepted and will be implemented.
Read the Independent Police Conduct Authority report in full here.
8 comments
Poor Tame!!!!
Posted on 22-05-2013 14:02 | By Sambo
If I invite a few mates around for a few drinks, ask them to bring as many automatic weapons as possible, and make phone calls inciting treasonous activity, would I get an apology,not bloody likely, no matter what the perceived injustice that these traitors have been dining out on, no way do they deserve to be held up as clean living, pay their taxes, model citizens, they should all be still locked away.
doing their job
Posted on 22-05-2013 15:24 | By traceybjammet
what goes around comes around the police were just trying to do their job and if people choose to hang out with people that train with guns and let their kids hang out with people that run around with guns, stuff will happen. If the public had been injured the police would have been in trouble for not doing enough
Waste of Money
Posted on 22-05-2013 15:27 | By Blessed
Watch the Film Operation 8, and speak to the Kids and families involved in the Raids, It was WAY over the top, People that dont live down there, will not know or understand anything that actually went on. Unnecessary anger was created as a result of 'poor planning', Faith in Police was lost completely for some. The Urewera National Park is well known for Hunting, and after all these Raids u charge people with Fire Arms Charges and say Oh Sorry?? Thought the Nation was at Risk... Should be Surveying Gang houses with this Kind of Operation. No one was hurt, but there was Kids traumatized in the houses Raided. Stupid actions of 1/some give all a bad name once again.
Justified???????
Posted on 22-05-2013 16:53 | By muzic4life
And what are they going to do to help all the families especially the young children left traumatized by this whole ordeal???? It makes me sick to even think about how they treated all those children on that day!!!!
A bit of an oxymoron or a contradiction in terms
Posted on 22-05-2013 18:18 | By ROCCO
The choice is clear either support the armed Rambos running around in the Urawera bush or the Police action taken under the Terrorism Suppression Act.Run a Poll on Sunlive and see what the masses think.
PC gone Mad
Posted on 22-05-2013 19:23 | By Captain Sensible
These thugs were caught practicing for their unlawful terrorism, yet the Police are the ones that these useless PC oxygen thieves say must apologise. This country is a pathetic basket case. The police did a good job. Tuhoe should apologise to NZ for harboring criminals and obstructing the Police.
Where is the problem here?
Posted on 23-05-2013 11:55 | By YOGI BEAR
Wanna bee rambo's running around in the bush is not really something that should be happening anytime in NZ,, the NZ Police were right to deal to this lot and in fact have not gone far enough. The affects on the kids is a weak kneed PC BS thing to raise, the choice was made by these people to be terrorists, how is that the NZ Police's fault? Come on NZ get real and get rid of all this PC rubbish!
No use running a poll
Posted on 24-05-2013 20:27 | By Blessed
because No-one outside the Ruatoki district know the facts, nor do u want to accept that not all our Police are good Law abiding Citizens. The police went looking to find terrorists. They found old firearms and evidence of people throwing beer bottles at an old oven in the bush. This is the basis of the convictions. Even one of the loosest and most poorly written laws - Section 98(A) Participation in an organised criminal group - didn't stack up in court, the Death threat was 'A bus being catapulted onto president Bush?' as for harboring criminals, 4 people were charged, Jailed. 4. The road blocks established by Police at Ruatoki and Taneatua were unlawful, unjustified and unreasonable. It was a waste of money and time, they should be more worried about NZ gangs then a group of people playing in a bush. lets hope they dont make the same mistake again.... Tuhoe have always been isolated, but there are many awesome Law abiding citizens, including the local cop, who is Tuhoe
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