Two recent Independent Police Conduct Authority (IPCA) investigations have highlighted serious concerns about Police decision-making in family harm cases, prompting acknowledgements from Police and renewed scrutiny of how powers designed to protect vulnerable people are being used.
The findings centre on separate incidents involving Police Safety Orders (PSOs), a tool intended to provide immediate protection in family violence situations by temporarily removing a person believed to pose a risk.
In one case investigated by the IPCA, Police accepted findings that officers were not justified in issuing a Police Safety Order against a woman who had applied for a Protection Order and sought Police assistance following a family harm incident in Counties Manukau. The watchdog found shortcomings in the assessment and decision-making process that led to the order being issued. Police have acknowledged the findings and accepted recommendations aimed at improving practice.
The case has reignited debate about the complexities frontline officers face when responding to family violence incidents and the importance of ensuring that victims seeking help are not inadvertently subjected to enforcement measures intended for offenders.
In a separate investigation, the IPCA found Police in the Central District acted unlawfully and without sufficient justification when they issued a Police Safety Order against a father and used it as a mechanism to remove a child from his care. The incident occurred after allegations of physical assault were made against the father by the child’s mother.
The Authority concluded that officers failed to carry out an adequate investigation before taking action. Investigators found Police did not sufficiently test the allegations or speak with all relevant parties before deciding to issue the order. As a result, the father was prevented from having contact with his child for three days.
The IPCA determined there were no reasonable grounds to conclude a Police Safety Order was necessary to protect the child and stated that PSOs should not be used as a tool to remove children from parental care. The Authority noted that other legal pathways exist for child protection matters and should be used when appropriate.
Police Accept Recommendations
Following the investigation, Police agreed to several recommendations, including updating policies, providing additional staff guidance and training, and correcting records relating to the Police Safety Order issued to the father. Police also accepted broader recommendations aimed at improving decision-making around child safety and family harm responses.
The findings come as Police continue reviewing procedures relating to family violence, child welfare and alternative care arrangements following a number of recent IPCA investigations.
Police Safety Orders remain an important tool in responding to family violence incidents, allowing officers to take immediate action where there are concerns about safety. However, the latest investigations highlight the need for careful assessment, thorough investigation and clear adherence to legal safeguards before such powers are exercised.
For Māori communities, who continue to experience disproportionately high rates of family violence and interaction with state agencies, the findings are likely to reinforce calls for culturally informed responses that prioritise whānau wellbeing while ensuring fairness, accountability and trust in public institutions.
The IPCA’s investigations serve as a reminder that while protecting vulnerable people remains a critical priority, Police actions must remain lawful, proportionate and based on robust evidence to maintain public confidence in the justice system.
