Photo: RNZ / Angus Dreaver
The Independent Police Conduct Authority has found officers were unjustified when they kicked and punched a youth, who had fled from officers.
In August 2022, a 15-year-old was driving a car that was stolen from New Plymouth, before failing to stop when it was spotted in Auckland's Manurewa, despite having its tyres spiked.
The car finally came to a stop on Lincoln Road in Henderson, but then the car jerked forward about a metre, narrowly missing another officer in front of the car.
In response, the two officers delivered two hand strikes to the drivers head and body and then pulled them out of the vehicle.
The watchdog found this was justified to prevent the vehicle from moving again.
Once the driver was on the ground a number of officers assisted in restraining him before he was able to be handcuffed.
The driver later complained that while being restrained on the ground he was kicked and punched to the head and body.
The officers denied kicking or punching him while on the ground.
The authority found that the kicks and punches did occur as described, but was unable to identify which officers were responsible.
Authority chair Judge Kenneth Johnston KC was satisfied the driver was kicked and punched when he was pulled onto the ground.
''This was an unjustified and excessive use of force, unfortunately, we cannot identify who these officers were, and it would be entirely inappropriate to speculate.
"Likewise, I am satisfied that the kick delivered by the officer who arrived soon after, although denied by him, was a kick which was also an unjustified and excessive use of force" he said.
Police acknowledge the IPCA's findings around the extraction of the driver from the vehicle and after the driver had been removed from the vehicle.
Relieving Counties Manukau District Commander Inspector Matt Srhoj said it was a fast-moving situation and police acted quickly to apprehend those involved.
"Our staff are faced with challenges every day which require decisions to be made sometimes in a split-second.
"We acknowledge the findings of the authority and have taken learnings from this incident."
