A police officer was justified using his dog to arrest a man driving a stolen vehicle on the outskirts of Rotorua, the police watchdog has ruled.
During the arrest a "violent struggle" took place for about five minutes between the trio before back-up arrived.
The Independent Police Conduct Authority (IPCA) became involved as police advised it the man required surgery. It said there was a "conflict of accounts" between the man and the dog handler.
Police in Rotorua were notified about the stolen vehicle on April 23, 2021, at 11.35pm. It had recently been stolen in Auckland.
Officers tried to stop the stolen vehicle twice, but it "drove away at speed", the Independent Police Conduct Authority (IPCA) noted.
Around four hours later a police dog handler working alone came across the vehicle while parked on State Highway 5.
He tried to stop the stolen vehicle but it "sped away".
Parked at another location on SH5 about ten minutes later, the dog handler came across the stolen vehicle again. He decided to follow it at a distance.
The stolen vehicle pulled over near the junction of SH5 and SH38, about 20km south of Rotorua. The dog handler pulled in behind the vehicle and radioed for assistance.
The dog handler told the IPCA he was prepared to wait for back-up, but the driver of the vehicle approached him. He said the man's demeanour "suddenly changed" as he did so, so he went to retrieve his dog from the back of the police van. The IPCA said it was a "reasonable thing to do".
However, the man hadn't followed the officer to the back and had instead gone back to the stolen vehicle. The dog handler thought he might be going for a weapon, so warned he would release his dog if the man didn't cooperate.
However, the man charged at the dog handler again, so the dog was released. The officer said the man started punching and choking the dog, so he intervened.
The man told the IPCA he went to get down on the ground but the officer had "let his dog out", so he ran away. He claimed the officer later put the dog onto him and tried to pull it away by grabbing its head.
The watchdog said a police radio recording it had obtained made it clear there was a "prolonged struggle" between the three and described the recording as "significant".
"[The officer] can be heard repeatedly calling for assistance with what we consider to be a sense of urgency, and for [the man] to stop attacking his dog."
The IPCA said the dog handler could be heard yelling "stay there, stay there, stay there now" and then "I'm still fighting with him, he's fighting me and dog" a couple of minutes later, after asking for back-up.
[The officer's] heightened sense of emotion and urgency are also compelling in our view."
The man was later charged in relation to the stolen vehicle, along with resisting and assaulting the dog handler and his dog. He required surgery for a dog bite which became infected and was released from hospital shortly after.
The IPCA noted the man had consumed alcohol, marijuana and methamphetamine that night. It said this may have "distorted [the man's] recollection of events". He was also wanted to arrest on a warrant at the time and has a lengthy criminal history, including convictions for violent offending.
"Although other tactical options might have been available to Officer A (such as physically apprehending Mr X, using his baton, pepper spray or Taser), we consider he had to make an immediate decision and the release of the dog was reasonable and proportionate in the circumstances," the police watchdog concluded.
Rotorua Area Commander Inspector Phil Taikato said police accepted the IPCA's findings.
"The incident took place in a remote location, where back-up for the dog handler was some distance away.
"The use of a police dog to affect the arrest of the man was entirely appropriate and justified in the circumstances."
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