A police officer used unjustified force when striking a man in the head and face during an arrest in Whangārei, the Independent Police Conduct Authority (IPCA) has found.
The watchdog today released its findings into the 2023 incident, concluding an officer was not justified in delivering a palm strike to a man's face or striking him in the head with the barrel of a 40mm sponge round launcher during an arrest.
However, the IPCA found the use of a police dog to apprehend the man during the incident was justified.
The incident took place on January 10, 2023 after police signalled a vehicle to stop in Whangārei at about 2.30pm. The driver fled, before he and a passenger abandoned the vehicle and ran into nearby mangroves.
A police dog handler, accompanied by two officers, tracked the pair through the mangroves. The dog handler recognised one of the men, referred to in the report as Mr Z, as someone police were seeking to return to prison.
The IPCA said Mr Z ignored a verbal warning and continued running, prompting the dog handler to release the police dog, which bit Mr Z on the right forearm.
The report found the dog handler acted in accordance with police policy and was justified in deploying the dog,
An officer carrying a 40mm sponge round launcher then ran towards Mr Z. The officer, referred to in the report as Officer B, told investigators Mr Z was resisting arrest and was punching the police dog with his free hand.
Officer B said he attempted to grab Mr Z's arm, but when he pulled away, he delivered a palm strike to his face as a distraction before wrestling with him to apply handcuffs.
'Crescent-shaped head wound'
During the arrest, Mr Z suffered a "crescent-shaped" wound to the top of his head — an injury Officer B said may have been caused accidentally by the unsecured barrel of his sponge round launcher during the struggle.
However, Mr Z alleged Officer B told him not to move during the arrest before he was "smashed" over the head with a “knock out level of force” by what he believed was the butt of a gun.
A third officer told the IPCA that he witnessed Officer B bring the barrel of the sponge round launcher down onto Mr Z's head with both hands while ordering him to stop resisting.
The dog handler said he did not witness the alleged strike.
The IPCA rejected Officer B's explanation that the head wound was accidental, concluding he deliberately hit Mr Z on the head with the weapon.
"In our assessment, on the balance of probabilities, Officer B did strike Mr Z in the head with his 40mm weapon, and this constituted an unjustified use of force," the watchdog said.
It also found Officer B was not justified in delivering the palm strike to Mr Z's face.
Following the arrest, Mr Z was taken to hospital for treatment to his head, face and dog bite injuries before being returned to police custody.
The IPCA found he received appropriate medical care and that photographs of his injuries were taken to support his complaint.
Police carried out its own investigation and charged Officer B with assault with a weapon.
According to the report, a jury was unable to reach a verdict at a first trial in August 2024. During a second trial in August 2025, Officer B was acquitted of the charge.
The IPCA said it delayed releasing its public report until the criminal proceedings and subsequent police employment process had concluded.
Northland District Commander Superintendent Matt Srhoj said the officer remains with police, following the court process.
“We will continue to investigate and take action where necessary to ensure our people, and the wider community, are kept safe.”
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