In a report released today, the Independent Police Conduct Authority has found that the force used to arrest a man in Kaikohe on 17 May 2025 was justified. The publication of this report was delayed until court proceedings were completed.
At about 3.20am on Saturday 17 May 2025 two officers in Kaikohe (Officers A and B), in separate patrol vehicles, endeavoured to engage with a man (Mr X) driving a utility vehicle (ute). Mr X used the ute to ram both police vehicles and then he drove off at speed. Police did not pursue him.
A short time later, Police found the ute at a nearby sports field. Officer A then used his police dog to find Mr X. There is a conflict of accounts between Mr X and the officers as to what happened next.
Mr X said, once in the field, he lay on the ground to surrender when the Police dog was set upon him for about five minutes. He said the two officers then punched and kicked him for no reason.
The officers disputed Mr X's account and told us Officer A released the dog to catch Mr X because he was escaping to avoid arrest. The dog bit Mr Z on the lower leg causing a significant injury.
Both officers accepted they 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.
On balance, we preferred the two officers' recollection of events. While we did not find Mr X was intentionally untruthful, we considered his memory was likely affected by his drug use (he acknowledged being under the influence of methamphetamine during the incident) and potentially the injuries he suffered.
Ultimately, we concluded:
• Officer A was justified in deploying his Police dog on Mr X to prevent his escape.
• Officers B and A were justified in punching Mr X to prevent injury to the Police dog.
• Following his arrest, officers discharged their duty of care towards Mr X; they provided first aid and promptly sought medical assistance for his injuries.
The Authority acknowledges that Mr X suffered significant injuries because of this incident and has had a difficult path to recovery.
Public Report
Police use justified force during an arrest in Kaikohe (PDF 515 KB)
