Officers justified in punching man who was choking police dog during arrest

Officers were justified in punching a man who was choking a police dog after ramming two police cars in Kaikohe, according to the police watchdog.

In findings released today, Independent Police Conduct Authority (IPCA) chairperson Judge Kenneth Johnston KC found officers involved in the incident were justified in punching the man while he choked a police dog during his arrest in May, 2025.

On May 17, 2025 two officers in separate patrol cars, known as Officers A and B, attempted to engage with a man driving a ute shortly after 3am.

The 40-year-old man — known throughout the report as Mr X — used the ute to ram both police vehicles and then he drove off at speed. He was not pursued by police at this time.

A short time later, police found the ute at a nearby sports field. Officer A then used his police dog to find Mr X.

Mr X said, once in the field, he lay on the ground to surrender when the police dog was set upon him.

According to the report, Mr X said he "… didn't even try and run, I just, I just [lay] down on the ground. By then there was a cop coming in the, a cop with his lights on coming in the driveway that I had just gone down. Next minute, the dog is on my leg."

Mr X said there was no warning or instruction from police, and the dog was biting him on the leg continuously for about five minutes. He then describes another officer arriving who dropped his knee onto his neck and started to punch him in the head.

He says an officer also “tapped" him in the face with his boot and that he lost consciousness.

A urine sample taken from Mr X at hospital tested positive for both amphetamine and methamphetamine, but he told the IPCA he believed he had good recall of what took place.

The officers disputed Mr X’s account, instead saying Officer A released the dog to catch Mr X because he was escaping to avoid arrest.

Officer A said the dog ran forward and bit Mr X’s left leg, behind and below the knee, causing him to fall to the ground.

Officer B said he initially focused on searching the ute to ensure it was empty. While doing this he heard Officer A issue a loud challenge, so he ran to assist.

Officer B told the IPCA: "I’ve seen somebody moving away and the dog had been deployed. The dog has obviously latched on to his leg."

Both officers ran to where the dog had engaged with Mr X, who now lay sprawled on the grass.

Both officers say the dog was still biting Mr X on the leg.

Officer A said he saw Mr X use two hands to grab the police dog around the neck and choke him.

“Yeah, so I’ve got to him first and I’ve told him, communicated to him, 'let go of the dog, stop choking the dog' so I’ve given him time, enough time to gain control of Police dog [name], I’ve given him time to comply with the instructions to let go of the dog. He hasn’t and at that point [Officer B’s] arrived just after me," Officer A said.

Officer B added: "I’ve seen that [Mr X] has had the dog by the neck…I have tried to grab his hand and rip it off. That didn’t work, and that’s when I’ve started striking his torso area to try and get an arm off. That hasn’t worked. He has still continued choking the dog. I’ve told him to let go of the dog.”

Both officers accepted they then struck Mr X during his arrest. However, they said they did this to protect the police dog.

Officer B said he punched Mr X a few times in the torso because he saw that Mr X had grabbed the dog by the neck and was trying to harm it.

Both officers said these strikes to Mr X’s body had no effect and Officer A, fearing the dog was at risk of serious harm, said he then punched Mr X twice in the face, forcing him to release the dog and allowing officers to place him in handcuffs.

Judge Kenneth Johnston said while the ICPA "did not find Mr X was intentionally untruthful, we considered his memory was likely affected by his drug use, and potentially the injuries he suffered".

The Authority’s investigation found the dog bite and use of force were justified. Police staff also discharged their duty of care to the man for his injuries.

Mr X suffered a serious dog bite injury, which resulted in him being helicoptered to an Auckland hospital for urgent medical attention.

On September 2, 2025, Mr X complained to the Authority that officers used excessive and unjustified force on him during his arrest.

He has since been convicted of a raft of serious driving and violence offences relating to the incident and sentenced to home detention.

Northland District Commander Superintendent Matt Srhoj acknowledged the IPCA's findings.

"Our staff had been dealing with a dynamic event where two vehicles had been rammed in an attempt to evade Police and showed a complete disregard for anyone’s safety," he said.

"I acknowledge our staff’s risk assessment in approaching this incident and working to apprehend the man.

"Our police dogs are valued members of the police whānau, and our staff have worked to prevent any injury to the police dog while trying to take the man into custody."