The Independent Police Conduct Authority has found that a Police officer was unjustified in ramming a man with his patrol car and punching him seven times, after the man used a skateboard to smash the patrol car's windscreen and window. Both the officer and the man were injured.
The incident occurred on 9 March 2023, when two officers went to an apartment complex in Whitianga to arrest the man for aggravated robbery. One officer drove to the scene while the second approached on foot from another direction. As the first officer drove into the carpark, the man walked towards him, yelling and raising his skateboard before striking the windscreen and the driver's window.
The officer was covered in shattered glass which got into his eyes. He said he feared for his life. Although he initially started driving away, he decided to turn back. He says he did this out of concern that the man would attack the second officer. Upon seeing the man again walking towards him holding the skateboard, the officer rammed him with the patrol car. The man became airborne before landing between the car and a fence. The officer then got out of his car and punched the man seven times in the head area before the second officer arrived and handcuffed the man. The incident was captured on CCTV.
Police charged the man with intentional damage and intentionally injuring the officer. On 12 June 2023, the man was convicted on both charges.
Police also charged the officer with common assault and assault with intent to injure. The case was tried before a judge and jury on 16 May 2024, and the officer was acquitted.
While the Authority accepts that the officer acted in defence of himself and the second officer when ramming the man with his car, we found that 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.
Public Report
Use of Police vehicle as a weapon and punching in Whitianga unjustified (PDF 408 KB)
