The IPCA says an officer acted unjustifiably when he rammed a man with a patrol car and punched his head seven times. Photo: RNZ / Cole Eastham-Farrelly
The Independent Police Conduct Authority (IPCA) says an officer acted unjustifiably when he rammed a man with a patrol car and punched his head seven times.
The incident happened in Whitianga on 9 March 2023, when two officers approached an apartment complex to arrest the man for aggravated robbery, according to the IPCA report.
One officer drove while the second arrived on foot from another direction.
When the offender noticed the police car, he approached the vehicle while yelling with a skateboard in hand. The man then smashed the patrol car's windscreen and driver's window, sending glass into the officer's eyes.
The policeman, fearful for his safety, initially drove away but concerned for his colleague who had not arrived at the scene yet, turned around.
Upon seeing the man walking towards the car holding the skateboard again, the officer rammed the offender with the patrol car, sending him airborne. The policeman then exited the vehicle and punched him seven times in the head.
The second officer arrived and handcuffed the man, with the incident caught on CCTV.
Relieving Waikato District Commander Superintendent Scott Gemmell said police accepted the IPCA's findings and that the officer continued to work for New Zealand Police.
"Police carried out an investigation into the incident and the officer was charged with common assault and assault with intent to injure.
"The case was tried before a judge and jury in May 2024 and the officer was acquitted.
"The offender in this incident was charged with intentional damage and intentionally injuring the officer and was convicted in court.
"As both matters have already been traversed through the courts, police will keep our comment limited except to say that while we acknowledge this was a confronting and unpredictable situation for the officer involved, our investigation and subsequent legal advice found the force used was excessive and as such the officer was charged.
"An employment investigation remains ongoing, and we cannot comment on the specifics for privacy reasons."
The IPCA said it accepted the officer acted in defence of himself and the second officer when ramming the man with his car.
But the report said: "The officer's response was a disproportionate and unjustified use of force, considering that the slightest miscalculation or loss of control could have resulted in a fatality.
"In respect of the punches, the authority did not accept that the officer genuinely believed the man still posed a threat. This use of force was, therefore, also unjustified."
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