Officers of the Counties Manukau Custody Unit failed to notice a man placed in a restraint chair was losing consciousness, which led to a delay in treatment, a report from the Independent Police Conduct Authority (IPCA) found.
Jaye Taueli died in hospital the following afternoon.
The incident began when Taueli was arrested for breaching bail conditions on August 30, 2021. The arresting officers had been made aware that Taueli had taken methamphetamine.
After being placed in a cell, the IPCA report states that, "Taueli began banging his head on the cell door and wall, and then attempted to strangle himself".
He was then placed into a restraint chair by officers, which the IPCA found was justified but other "less forceful and intrusive options" should have been considered first.
"The process of placing Taueli in the chair was not correctly executed. A lack of organisation contributed to the six officers taking an unnecessarily long time to place him in the chair and using more force than might otherwise have been necessary," the report states.
"During the process, an officer struck Taueli on the mouth to prevent him from biting another officer. While it would have been reasonable for the officer to push Taueli’s face away using an open palm or push, punching Taueli was excessive."
The report details how Taueli thrashed around in the chair and vomited leading to a doctor being called as sedation might have been required.
"CCTV footage shows Taueli appeared to begin losing consciousness. The officers who saw Taueli believed him to be asleep, failing to recognise he was becoming unresponsive," the report reads.
"The doctor arrived 36 minutes after he began losing consciousness and instructed an ambulance be called urgently."
After Taueli's death in hospital the next afternoon, his cause of death was determined to be a pre-existing vascular lesion rupturing, leading to a subdural haematoma (bleed on the brain).
The fact he had taken methamphetamine was believed to have been a contributing factor to his death.
The IPCA found the custody sergeant had, "failed in his duty of care as the officer in charge".
"He did not appreciate the risks to Taueli. Nor did he take an active role in ensuring officers were performing their roles adequately. His failures amounted to breaches of policy.
"The Authority made recommendations to police regarding further training and ensuring all custody sergeants are trained in the proper use of restraint chairs."
Police respond
Counties Manukau Police responded to the report saying it has, "conducted a comprehensive investigation of this incident and have implemented several changes to processes".
Police also extended sincere condolences to Taueli's family.
Relieving Counties Manukau District Commander, Inspector Matt Srhoj called it a "tragic incident".
"The management of people in our care is something we take very seriously – they are often vulnerable and require a high level of monitoring and support," he said.
"Our focus is on caring for people as individuals and ensuring there are processes and systems in place to support this approach.
"Police staff make every effort to ensure the safety of those in police custody."
Police added the custody sergeant in charge at the time of the incident remains, "a valued member of NZ Police".
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