The IPCA has found two officers were justified in using force against a man who was resisting arrest in Palmerston North. Photo: 123RF
Two police officers who punched a Palmerston North man while trying to arrest him in July 2021, have been found to be justified in their use of force.
The Independent Police Conduct Authority (IPCA) said the man had a history of assaulting police and was believed to be carrying a knife.
Police were already looking for the man regarding a domestic incident 30 minutes earlier and upon arrival told him he was under arrest.
He was at the time stumbling and yelling near the intersection, drinking alcohol and damaging his car.
The IPCA said the man was aggressive and pushed one of the officers away in a way that made the officer believe he would attack him.
The officer punched the man in the head and wrestled with him on the ground.
"Although the man's push could be considered a low level of resistance, taken in the context of everything the officer knew about the man and how he was behaving, we would not expect the officer to wait to be assaulted further before making a pre-emptive move to take control of the situation," authority chairperson Judge Kenneth Johnston KC said.
The dog handler then released his dog to overcome the man's resistance to arrest. While the dog was biting the man's leg, he started to gouge the dog's eyes. The dog handler kicked at the man's arms and punched him in the head to protect his dog.
Although the authority found the use of force justified, it said the officers should have attempted to talk to the man to de-escalate the situation, before telling him he was under arrest.
The authority also identified some deficiencies in the care provided to the man in custody and an officer was found to have used unprofessional language in addressing a witness and to have behaved unprofessionally towards him after the incident.
Police have acknowledged the IPCA's findings that the use of force was justified.
"Police need to make quick decisions in difficult situations to keep themselves and the wider public safe," Central District Commander Superintendent Scott Fraser said.
"The offender was behaving in an aggressive and unpredictable way, and our staff determined it was necessary to take him into custody to keep themselves and the public safe."
