IPCA: Police unlawfully arrested Lower Hutt man

The authority found it was unlawful for officers to arrest the man and use pepper spray on him. PHOTO / Stock

Police unlawfully arrested, and used unjustified force on, a man in Lower Hutt on 23 December, says the Independent Police Conduct Authority.

A man came forward to the authority in October 2016 and complained about the arrest, which occurred while the officers were trying to serve a trespass notice on him.

The man had refused to discuss the trespass notice and tried to close a door on one of the officers. The officer then sprayed him with pepper spray and arrested him for common assault.

The authority found the man had clearly revoked the officers' authority to remain on the premises when he attempted to close the door on them.

He was therefore entitled under section 56 of the Crimes Act 1961 to use reasonable force to prevent the officers from trespassing.

The man was acquitted of the assault charge as a result of the findings.

According to the complainant, the officer who pepper sprayed him had also kicked him and deliberately forced his arm behind his back as he was being led away.

While the authority found the officer didn't kick the man or use excessive force in escorting the man from the building, it found the man's arrest was unlawful.

It was also determined police use of pepper spray on the man was unjustified.

In a statement, Police accepted the findings of the authority and said they had learned from the incident.

"Our officers make split-second decisions every day and always aim to deescalate any incident where possible, before anyone is harmed," said Acting Wellington District Commander Inspector Chris Bensemann.

Bensemann said police had apologised to the man for both the arrest and the use of pepper spray.

Authority chair Judge Colin Doherty said the officers should have taken a different approach to the incident.

"The officers should have considered dropping the trespass notice at the man's feet, without the need for things to escalate as they did."