The police watchdog found officers were not responsible for a man's death after a violent struggle on an Auckland beach last year – but ruled one officer used excessive force and two used inappropriate language during the arrest.
The Independent Police Conduct Authority has released its findings into the death of Faasala Samu Matue, who died in police custody at Ōrere Point on March 2, 2025.
A post-mortem examination found Matue died from methamphetamine intoxication after swallowing a large amount of the drug. MDMA, cannabis and alcohol were also found in his system.
Police had been tracking a car linked to armed robberies on February 13 and March 1 last year when a dog handler spotted it at a Papakura petrol station, following the car and calling in back-up.
Officers, including the police helicopter Eagle tracked the vehicle out to Ōrere Point, where it stopped on the beach at about 3.23pm.
Matue, a passenger, got out of the car holding a metal pole which he swung at officers as they approached, ignoring calls to put it down. The other man, the driver of the car, got out and complied with police immediately.
Three of the officers were armed, but they decided to use less lethal options including Tasers, pepper spray and a police dog to try and bring Matue under control — all found justified by the authority.
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When he grabbed the dog around the throat, officers struck and kicked him to make him let go. One officer's use of force went further than reasonable, the report found.
An officer punched Matue three times in the head "as hard as he could", and twice used a "fish-hook" technique — hooking a finger into Matue's mouth for pain compliance — a move not trained by police.
The first use of the technique was found justified, as Matue was still fighting to get free. But the second, after he had already been handcuffed, was not as the watchdog didn't accept there was still a genuine threat by that point.
During this second attempt, Matue bit down on the officer's finger for up to 30 seconds, causing what police described as a "near amputation" injury.
The officer's response — punches and repeated Taser stuns — was found to be justified self-defence, as was help from two colleagues who stepped in.
The authority also found two officers used inappropriate language toward Matue during the struggle, including swearing and a threat about drowning him.
Taser footage captured one officer saying "f**ken give me a reason c***", "you're f***** lucky Eagle is above, you piece of s***", and an unidentified male officer saying: "You fat c*** (indecipherable) back in the water and just drown you, you f***** idiot".
Police were found to have met their duty of care to Matue after his arrest, including first aid and CPR once he stopped breathing.
Counties Manukau district commander Superintendent Shanan Gray said police accepted the IPCA's findings.
"This was a tragic outcome for everyone concerned and our thoughts are with Mr Matue's family," Gray said.
"I would like to acknowledge our staff who were dealing with an extremely volatile and confronting incident at the time.
"The language and unjustified use of force identified in the report was unacceptable and a departure from our values."
Gray said police couldn't comment on the specifics of any employment process, but confirmed the officers involved remain employed by New Zealand Police.
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