A Whakatane man wants to take legal action against police for being tasered for thirteen seconds.
Mark Smillie was tasered on Christmas Day in 2011 after he was pullled over by police he was pepper sprayed then hit with a baton before being tasered for thirteen seconds.
The 55-year-old released footage of the incident to a TVNZ programme this week and said he plans to prosecute police and seek compensation.
An Independent Police Conduct Authority report earlier this month found the use of the taser was excessive and contrary to law.
It's been reported Bay of Plenty district commander, Superintendent Glenn Dunbier, has ruled out displinary action for the officer involved and has refused to apologise to Mr Smillie.
But national Assistant Commissioner Allan Boreham has now apologised.
"It is very painful, the Taser, and very unpleasant. He shouldn't have used it in they way he has and for that I apologise," he told TVNZ programme Seven Sharp.