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Taser trial details - New Zealand Police

Taser X26 Operational Trial

Monitoring the Operational Taser Trial

The trial was monitored through:

  • The Tactical Options Report Database,
  • Internal review and audit processes, and
  • An external medical advisory group.

The Tactical Options Report database was a new electronic reporting system for submitting reports about the use of firearms, tasers, OC spray, batons, dogs and manual restraint measures. The database will provide comprehensive, up-to-date information on incidents where tactical options have been used to control a situation where there was threat of injury or death, and to safely apprehend and restrain an offender when required. Previously, this information has been collected via hardcopy reports. Collecting information in the new format allows NZ Police to more readily analyse and assess the current operational environment in regards to emerging trends that may impact on staff and public safety.

The introduction of this reporting system was regarded as a leading-edge initiative by international policing agencies.

In addition to the Tactical Options Report data, District based Taser Liason Officers review taser incident reporting and undertake downloads of taser data from the device on a monthly basis for auditing purposes. The downloaded data specifies each time the Taser has been discharged, including the time, date and duration of discharges.

An external medical advisory group has also been established to review medical examination reports related to taser discharges. Medical examination was mandatory for individuals who have been exposed to the effects of the taser. The external medical advisory group will review medical reports and provide a summary of reports and advice to Police in regards to medical related issues.

The professional make up of the medical advisory group includes doctors, nurses, and academics, who hold positions in the areas of mental health, emergency medicine ambulance medical services, mental health nursing, university medical and health sciences, and general practitioner medical services.

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Police Training

Only selected, experienced staff will be trained in the role of taser operators during the trial. Operator training for Police Officers (to operationally deploy with tasers) involves delivery of an eight hour training package, with annual re-qualification. Only those officers who have achieved the required certification will be authorised to carry the taser.

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Tactical Options Framework

The taser represented an intermediate option in relation to the Tactical Options Framework. As such, taser was one of a number of tactical options available to an officer when their assessment of a situation clearly indicates the offender?s behaviour threatens and endangers the safety of the public, the officer or themselves. Use of the taser must be in accordance with the:

Tactical Options Framework,

Standard Operating Procedures, and

Approved Training.

What was the Tactical Options Framework?

The Tactical Options Framework was an incident management intervention model based on relevant New Zealand legislation and police policy.

Download the Taser Tactical Options Card, 1 page PDF 739 KB.

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Legal implications

Possession

The taser is by legal definition a restricted weapon as specified under paragraph 8 of the Arms (Restricted Weapons and Specially Dangerous Airguns) Order 1983. Sworn members of the Police have statutory authority to be in possession of and carry restricted weapons in the course of their duty by virtue of Section 3, Arms Act.

Legal Implications - use of force

The use of an EMI device is a use of force and as such, its use must be reasonable, proportionate, and necessary in the circumstances. The relevant sections of the Crimes Act, 1961 relating to Police use of force are:

  • Section 31 (Arrest by constable pursuant to statutory powers),
  • Section 32 (Arrest by a constable of a person believed to have committed an offence),
  • Section 39 (Force used in executing process or arrest),
  • Section 40 (Preventing escape or rescue),
  • Section 41 (Prevention of suicide in certain cases),
  • Section 48 (Self defence and defence of another),
  • Section 62 (Excess of force).

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Accountability

Members are individually, criminally responsible, by virtue of Section 62 of the Crimes Act 1961, for the use of any excess force during the course of their duties. Members may also be subject to internal disciplinary action for any excess use of force.

An overriding principle guiding the use of an EMI device is that it can only be used in situations within and beyond the Assaultive range, as outlined in the Tactical Options Framework.

Under no circumstances was the device to be discharged to induce compliance with an unco-operative but otherwise non-aggressive person.

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What is an EMI device - taser?

An Electro-Muscular Incapacitation (EMI) device is a conducted energy weapon that produces an electrical discharge to disrupt the body?s ability to communicate messages from the brain to the muscles, causing temporary incapacitation through motor skill dysfunction.

The only currently approved EMI device for use by New Zealand Police was the Taser X26.