An off-duty police officer used excessive force punching a 14-year-old boy in the face twice after he stole a packet of cigarettes, the police watchdog says.
The officer caught the teen stealing the packet from a deck at the front of his Auckland home on July 9, 2019.
He followed the teen and a friend, who was waiting nearby, to a local park where he demanded he get his cigarettes back.
When one of the boys went to give them back, the officer punched him twice in the face, knocking him to the ground.
Police attended and the boy was taken to hospital with a suspected fractured eye socket.
The officer claimed he punched the boy as he thought he was armed.
He was charged with injuring the teen but was not convicted after two juries, one in 2020 and another in 2021, were unable to reach a verdict.
The Independent Police Conduct Authority (IPCA) found the officer used excessive force when apprehending the boy.
"We do not accept that the officer perceived himself to have been at risk of attack from the boy or that he punched the boy to defend himself.
"There was no legal justification to punch the boy and we agree with the police decision to charge the officer with injuring him," IPCA chairman Judge Colin Doherty said.
The police accepted the IPCA's findings and said the officer is no longer employed.
"We place high expectations on our staff and how they perform their duties, and this includes when they are off duty.
"Police conducted an employment investigation into the matter, which resulted in a finding of serious misconduct," Waitematā District Commander Naila Hassan said.
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