The use of a police dog to apprehend a 13-year-old girl who had been driving a stolen car has been found to be unjustified by the Independent Police Conduct Authority.
The police watchdog, in a report released on Wednesday, stated that the young person "backed away" from an officer.
Accounts varied on her movements and intentions. The girl said she initially wanted to help a friend who was still in a stolen car that had started rolling but was in the process of lying down when the dog was released. The dog handler thought she was about to flee.
The incident began with police following a car that had been stolen from an off-duty police officer in Auckland in April, 2022. Containing seven young people, the car had been taken after some of the occupants tried to steal another vehicle on the North Shore.
The police dog handler signalled the car to stop, but the female driver, aged 13, drove on. She rammed a stationary vehicle and drove onto the wrong side of the road "multiple times", the watchdog said.
Police spiked the car's tyres, and the driver eventually pulled over.
Five of the teenage occupants got out and ran away. The driver got out and remained nearby, while another young person remained inside the vehicle.
The car then began rolling back slowly down a slight incline. The person inside the car, called out to the driver for help.
The occupant inside the vehicle told the Independent Police Conduct Authority: "I was yelling out [to the driver] to come and put the car into 'park' 'cos I was stuck and couldn't do it".
Meanwhile the driver said: "I just wanted to get her out of the car. I didn't really care about the cops."
She added she did not want to leave the occupant behind.
At this time, the police dog handler instructed the driver to get on the ground. The Independent Police Conduct Authority report found that the driver "backed away", and the dog handler again instructed her to get on the ground.
"The driver says she was about to do so. Conversely, the dog handler says the driver turned around and was about to run away so he released his dog, and it bit her leg," said the watchdog.
The girl required medical treatment, the report said, for what police described as "a minor dog bite".
"The authority has found that the dog handler did not have reasonable grounds to conclude that the driver was attempting to escape, and using the dog to apprehend her was not justified."
One of the police officers present at the incident said they believed the young people were "trying to drive off in the vehicle again" after seeing the vehicle still moving with someone in the car.
'Dynamic and fast-moving situation' – police
Police superintendent Shanan Gray acknowledged the vehicle began slowly rolling backwards due to the incline of the road.
"The dog handler instructed the driver to get on the ground a second time before releasing his dog,” said Gray.
“We acknowledge the authority’s report that the driver said she was about to comply, while at the same time the dog handler assessed the driver as turning away and about to flee.
"The youth subsequently received medical treatment for a minor dog bite."
Police acknowledge the authority found that the dog handler did not have reasonable grounds to conclude that the driver was attempting to escape, and using the dog to apprehend the youth was not justified.
“This was a dynamic and fast-moving situation, which required our officers to make quick decisions while working within Police’s Tactical Options Framework in regards to appropriate use of force,” said Gray.
Police conducted an employment investigation, which had since concluded and, while they were limited in providing any further comment or information, they said the officer remained a member of NZ Police.
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