Whangārei police 'justified using dog to stop man fleeing from alcohol checkpoint' - IPCA

The police dog bit the man, who turn out to be wanted for multiple serious offences, on the forearm. Photo / NZME

A police officer using a dog to stop a man trying to avoid a checkpoint was justified, the Independent Police Conduct Authority (IPCA) has found.

The incident began when a man failed to stop at a drink-driving checkpoint in Whangārei shortly before midnight on April 23 last year.

A police officer who had tried to flag down the man's car had to jump out of the way as the car accelerated.

A dog handler was called, who the report referred to as Officer A, after the man left his car.

According to Officer A's account, the man fled on foot through paddocks, occasionally crossing and recrossing a creek.

"Officer A concluded from the path he was tracking that the person he was pursuing was an experienced criminal, and 'even more dangerous than first thought'," the report read.

He then caught up with the man when he was heading toward a built-up area, and shouted "Police dog handler! Stay there or I'll release the dog!", according to the report.

The man continued to move away, and Officer A released the dog. The dog bit the man on his left forearm, but immediately released his hold when Officer A told him to.

The officer, after informing the man he was under arrest, advised the Northern Communications Centre and requested an ambulance to treat the man's wounds.

Officer A then identified the man, referred to in the report as Mr X, as someone who was wanted by police for offences including unlawfully possessing a firearm and various drugs charges.

He had been on the run since February 2020 and had been featured on the television series Police Ten 7.

Mr X did not provide his own version of events.

"We made several attempts to speak to Mr X to obtain his version of events, but he declined our invitations," the IPCA, chaired by Judge Colin Doherty, said.

The IPCA found that the seriousness of the man's actions in driving at speed through the checkpoint "necessitated Mr X's immediate apprehension".

The authority did not take into account the serious offences the man was wanted for, as police were not aware of his identity at the time.

"It was reasonable for Officer A to believe Mr X posed an immediate risk to others, based on what he was told of the events at the checkpoint, and his own experience as a dog handler as he tracked Mr X," the IPCA concluded.

Superintendent Tony Hill, Northland District Commander, said police accepted and agreed with the IPCA findings.

"The potential risk this man posed to the community, other road users, and our staff was very high. His apprehension prevented any further risk."