A police officer quit the force after fabricating a roadside evidential breath test.
The now ex-officer's dishonesty was considered "on the face of it" a criminal offence by the police watchdog, but he was not charged due to "insufficient evidence".
The incident occurred in January 2024, when the officer was working an alcohol checkpoint in Morrinsville.
He signalled a driver to stop, conducting a roadside breath test. The driver admitted to drinking and was issued an infringement notice for driving with excess breath alcohol.
But the officer did not conduct an evidential breath test – which is required before issuing an infringement.
When he realised later that evening, the officer falsely recorded that he had conducted an evidential test. He also recorded a false alcohol reading.
The Independent Police Conduct Authority referred the matter back to the police, who treated the officer's conduct as an employment issue rather than a criminal investigation.
The IPCA eventually launched its own probe to determine whether the officer's actions that night constituted a crime.
In its preliminary findings, the watchdog considered that the officer's conduct "on the face of it" constituted a criminal offence and a breach of the Police Code of Conduct.
The IPCA asked the police to conduct a criminal investigation, which found "insufficient evidence to support criminal charges" and advised against prosecution.
"We reviewed the Police investigation and agreed with this finding, accepting that the prospect of conviction was very low based on the admissible evidence available."
The officer resigned from police during the criminal investigation.
Police also acknowledged it had "erred" by dealing with the officer's conduct prematurely as an employment matter only.
"We are satisfied they have taken appropriate action to address this," the IPCA said.
1News has approached police for comment.
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