An off-duty police officer who engaged in a sex act in a public car park in Wellington has avoided charges. 

The IPCA oversaw the investigation into an allegation that an off-duty officer was seen engaging in consensual sexual activity with a civilian acquaintance inside a parked car in a train station car park. 

The behaviour was observed by a member of the public crossing a footbridge overlooking the vehicle who reported this to police. 

The liaison occurred around 6pm while it was still daylight and lasted approximately 15 minutes. It is unclear if it occurred in a police vehicle. 

The officer and the other participant both admitted to the sexual activity, saying they thought they had taken necessary steps to avoid being seen. 

A criminal investigation and the Independent Police Conduct Authority [IPCA] recommended the officer be prosecuted, but the Police Criminal Charging Panel decided not to follow through with charges. 

The officer has been sanctioned for their behaviour and the pedestrian who saw it unfold has been apologised to. 

The investigating officer and the IPCA determined there was sufficient evidence that both parties committed an offence under section 125 of the Crimes Act 1961 – Indecent act in a public place, and recommended prosecution was in the public interest. 

The matter was referred to the Police Criminal Charging Panel, which determined that prosecution was not in the public interest, therefore no one was charged. 

“While the authority disagrees with the charging panel’s determination on the public interest of prosecution, the Authority acknowledges that the decision on whether to charge their staff [or any member of the public] is solely a matter for Police. The authority cannot intervene in those decisions,” the IPCA statement said. 

Police undertook a confidential employment process and determined the officer breached their Code of Conduct. 

“The officer was sanctioned for their behaviour, and they apologised to the notifier for the distress caused. 

“The authority is satisfied police undertook an appropriate process to consider the issues in the circumstances,” the IPCA said in a statement. 

Jaime Lyth is a multimedia journalist for the New Zealand Herald, focusing on crime and breaking news. Lyth began working under the NZ Herald masthead in 2021 as a reporter for the Northern Advocate in Whangārei.