Police were justified in using force to arrest a teenage boy who sustained injuries to his face and lower spine in a foot chase, the police watchdog says.
The 17-year-old boy and a friend had earlier tried to steal a motor scooter on Karangahape Rd, in Auckland, on the afternoon of May 30 last year.
The pair fled the scene after being confronted by members of the public, after which an off-duty police officer in a marked police car got out and pursued one of the boys on foot.
The officer caught up to the youth and grabbed him by the shoulders to arrest him. They then lost their footing and fell to the ground, with the officer falling onto the boy's back.
The youth complained that the officer's 'spear tackle' of him down a steep hill injured his back, which he claimed the officer then forcefully applied a knee to.
"We found this to be an accident, rather than a deliberate use of force by the officer," the Independent Police Conduct Authority (IPCA) said in its decision, released today.
"The officer denied that he had his knee on the youth's back, and none of the witnesses reported seeing that happen."
The IPCA said the officer told the Northern Communications Centre he did not have the youth pinned to the ground as he was concerned he may have sustained a back injury.
"We accept that the officer did not force his knee onto the youth's back."
Two officers then arrived at the scene and took custody of the teenager before taking him to the hospital, as per his request, rather than wait for an ambulance due to a "significant delay".
The police watchdog said the decision was reasonable.
The teenager had surgery to stabilise the two vertebrae in his lower spine before discharging himself against the advice of hospital staff.
"Given the officer's risk assessment about the danger of tackling someone in the particular circumstances, we believe that he did not intend to tackle the young man and accept his account that the fall and its aftermath was an unfortunate and unforeseen accident rather than a deliberate action," IPCA chairman Judge Colin Doherty said.
Police today acknowledged the IPCA's findings into the boy's arrest.
"Police acknowledge the staff member followed protocol by communicating appropriately with the Northern Communications Centre, and police took the youth directly to hospital rather than waiting for an ambulance, which the IPCA found to be reasonable," Acting Superintendent Grant Tetzlaff said.
"The officer remains a valued member of New Zealand Police."
The youth received a written warning for the attempted theft and was referred to Youth Aid.
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