Officers were not justified in kneeing and punching a man (Mr Z) in the face while attempting to arrest him in March 2021, the police watchdog has ruled.
The Independent Police Conduct Authority (IPCA) said the man was arrested outside a house in South Auckland, for an incident in about 20 minutes earlier.
Mr Z was driving a car with his partner and two young children in Auckland when he confronted a man in a van, stopping the van and "demanding" access.
The van driver did not know Mr Z know what he wanted. Mr Z then used a wheel brace to smash a side window of the van before getting in and searching the back area.
When police arrived, he drove off in his car. Police didn't follow him but the police helicopter started tracking his car.
Police eventually went to his house in Papatoetoe where Mr Z was sitting in his parked car.
The man resisted the arrest and was taken to the ground. 11 officers were in the vicinity. During the struggle to place the man in handcuffs, an officer kneed and punched him in the face.
Two officers used pepper spray on the man before he was taken into custody.
The man's cousin filmed parts of the incident, later complaining to the IPCA the kneeing and punches were "excessive".
Judge Colin Doherty said: “I concluded that given the availability of other officers to assist in the arrest, the officer’s use of force in kneeing and punching the man’s face was not justified.”
Police have also said they acknowledge the findings the review.
"A criminal investigation was conducted into the matter and as a result no charges were laid.
"However, Police note the employment investigation into this matter remains ongoing at present.
"As such, Police are not in a position to comment further while this process is being carried out," Inspector Matt Srhoj said.
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