Police acknowledge an Independent Police Conduct Authority report into the use of force during an arrest near Waimauku nearly two years ago.
On the night of 12 December 2022, Police responded to a family harm incident at a rural property off State Highway 16.
Inspector Stefan Sagar, Relieving Waitematā District Commander, says a Police unit located, and separated, both parties found arguing on the side of the rural state highway.
"The officers saw the man continue walking along the shoulder of the unlit road, and one officer took hold of his arm to guide the man off the road."
Mr X swung his body and arm around at the officer, in what was believed to be an attempt to assault the officer. The second officer tackled Mr X to the ground, and he was arrested for assault.
"Once placed into the back of the patrol vehicle, the man began to violently head butt the window," Inspector Sagar says.
"An officer moved quickly to prevent further injury to Mr X, and upon opening the car door was spat on."
The officer punched the man in the jaw three times.
Earlier this year, a 41-year-old was convicted in the Waitākere District Court for one count of assaults Police.
Police acknowledge and accept the IPCA's findings that the arrest was justified and that officers genuinely believed Mr X was attempting to assault an officer.
The Authority found Officer A was justified in tackling the man to the ground, to prevent any further attempted assault and to move him off the road, but the punches were not justified as there were lower force options available.
Police acknowledge these findings. Both officers remain members of New Zealand Police.
