The Independent Police Conduct Authority (IPCA) has found an officer's use of a police dog and force during an arrest was unjustified.
The incident took place in October 2020 after police stopped a speeding car in Invercargill. The driver refused to cooperate with the police's breath-testing procedures and would not get out of the vehicle.
Two other people in the car were arrested. Both had shouted gang slogans and abuse. One spat at police, while the other got out and confronted officers.
The officer said the driver was "violently" resisting arrest, which the authority rejected. They said he had not attempted to attack any officers while resisting.
The officer, a dog handler, used his dog to pull the driver out of the vehicle, and the dog continued to bite the driver's bicep for up to a minute until he was subdued.
The IPCA acknowledged the driver had been resisting arrest, prompting police to use force. However, they ruled the officer was unjustified in using the police dog, and he "should have considered other tactical options."
"Pepper spray was a viable, less forceful option in the circumstances if negotiations were ultimately unsuccessful," the report said.
The driver also didn't pose a threat to the public.
Police dog policy states that the handler must issue a warning and give someone enough time to comply before they release their animal.
READ MORE: Officer used excessive force by using police dog on youth - IPCA
Footage filmed by a member of the public shows the dog being ordered to attack immediately after the challenge was issued, leaving the driver no time to comply, the authority said.
During the arrest, the officer kicked the driver's arm from under him, leaving him with "significant cuts and grazes" to his face, and also kicked him in the thigh while he was on the ground
The IPCA ruled this use of force was excessive.
Shortly after the incident, the officer was stood down and charged for stomping on one passenger's head. He was ultimately discharged without conviction.
Police said they have noted the IPCA's findings and that the officer had pleaded guilty to a charge of injuring by an unlawful act.
"Any officer whose actions are potentially criminal will be thoroughly investigated and held to account," said Acting Southern District Commander Mike Bowman.
Bowman said there is an ongoing employment investigation relating to the incident.
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