An officer's use of a police dog – to detain a man who had stolen his ex-partner's car and abducted their eight-month-old daughter – was justified, according to the police watchdog.
The details of the man's arrest, which saw him suffer facial injuries and require surgery on his ear, were the subject of an Independent Police Conduct Authority (IPCA) investigation to determine if the use of force was warranted.
The incident began in Tauranga on April 18, 2023, when the man stole his ex-partner's car and abducted their eight-month-old baby – in breach of a protection order. The man evaded police when officers tried to stop him.
The following day, the man arranged to meet his ex-partner at a rural address to return the child.
After doing so, members of the armed offenders squad (AOS) were deployed and found the man hiding in a nearby bush.
A police dog was set on him while officers attempted to take him into custody.
"As a result of the dog bite, the man suffered injuries to his face and required surgery on his ear," the IPCA report reads.
Police initially launched its own investigation into the incident – but the IPCA "were not satisfied that enough evidence had been obtained to substantiate their finding that the use of force was justified".
The authority launched its own investigation, reviewing evidence from the eagle helicopter, visiting the scene, interviewing AOS members, and speaking to the man's ex-partner.
"The man who was bitten chose not to provide us with his account."
Following the investigation, the IPCA found the use of a police dog was "justified" for several reasons.
"The man was behind a bush, in an advantageous position on a hill above the officers. The dog handler had good cause to suspect he may have a knife and believed he saw something in the man's hand," the report reads.
"We are satisfied that there were no less forceful options available. The difficult terrain limited the officers' ability to cordon and contain the area while appealing to the man to come out of the bush.
"The position of the man and thick foliage between him and the officers prevented pepper spray or a Taser from being used effectively."
Claims ex-partner 'unlawfully detained'
During its investigation, police were alerted to another claim of misconduct when the ex-partner alleged she was "unlawfully detained" at the Tauranga Police Station following the retrieval of her daughter. It came while Orannga Tamariki obtained a warrant to uplift the child that evening.
She also alleged that officers had taken her two phones and looked through them without permission.
After broadening its investigation to address the woman's claims, it found there was "no conclusive evidence" to support her claim.
"The woman returned to the police station after retrieving her daughter, as she had been requested to do so," the report said.
"She was then required to assist in the criminal investigation matters relating to the abduction of her daughter.
"While she was at the station, the warrant was obtained by Oranga Tamariki, and the woman learned that social workers were coming to uplift her daughter."
Police respond
In a statement this afternoon, police acknowledged the findings, with Bay of Plenty District Commander Superintendent Tim Anderson saying the officers "made the right decision to ensure their safety given they were in extremely rough terrain, and dealing with a person who had carried out serious offending".
Police also noted the lack of evidence around the woman's claims she was unlawfully detained and that officers looked through her phones.
"Our officers were supporting our partners at Oranga Tamariki, who had a warrant to uplift the child involved.
"Our staff acted very professionally and did a great job ensuring the safety of the child and all involved, including the wider community and our staff," Anderson said.
"I'm extremely proud and appreciative of the work that our Police dog handlers do in the Bay of Plenty. They apprehend serious criminals daily, which in turn prevents further crime and victimisations."
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